Common use of Organizational Security Clause in Contracts

Organizational Security. 8.1 Any unit member who is a member of the OTA/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-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. 8.2 Any unit member who is not a member of the OTA/CTA/NEA and who does not make application for membership within thirty (30) days of the effective date of this Agreement, or within thirty (30) days from the commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association a fee in an amount equal to unified 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 members may authorize payroll deductions for such fees in the same manner as provided in section 8.1 of this Article. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.1, the Association 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 8.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions. 8.3 Any unit member desiring to be exempt from joining the Association or paying the representative fee because of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such unit member shall pay, in lieu of a representative fee, the sum equal to the representative fee to one of the following non-religious, non-labor organizations, charitable funds exempt from taxation under section 501(c)(3) of Title 26 of the Internal Revenue Code: 8.3.1 Foundation to Assist California Teachers (FACT)

Appears in 4 contracts

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

Organizational Security. 8.1 6.1 Any bargaining unit member who is a member of the OTA/Livermore Education Association, CTA/NEA NEA, or who has applied for membership 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 authorization, the District shall deduct one-twelfth (1/12) of such dues from the regular salary check of the bargaining unit member each month for twelve ten (1210) months. Deductions for bargaining 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. 8.2 6.2 Any bargaining unit member who is not a member of the OTA/Livermore Education Association, CTA/NEA and NEA, or who does not make application for membership within thirty (30) days of from the effective date of this Agreement, or within thirty (30) days from the commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association a fee in an amount equal to unified 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 bargaining unit members member may authorize payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 Section 6.1 of this Article. In the event that a bargaining unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.1Section 6.1, the Association shall so inform the District 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 8.1 Section 6.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions. 8.3 6.3 Any bargaining unit member desiring who is a member of a religious body whose traditional tenets or teachings include objections to be exempt from joining the Association or paying the representative fee because financially supporting Livermore Education Association, CTA/NEA as a condition of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such unit member employment shall pay, in lieu of a representative service fee, the sum sums equal to the representative such service fee to one of the following non-religious, non-labor organizations, charitable funds exempt from taxation under section 501(c)(3Section 5021(c)(3) of Title 26 of the Internal Revenue Code: 8.3.1 6.3.1 Foundation to Assist California Teachers (FACT) 6.3.2 Livermore Valley Education Foundation 6.4 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 bargaining unit member organizations, pursuant to Section 6.3 above, shall be made on an annual basis to the Association and District as a condition of continued exemption from the provisions of Sections 6.1 and 6.2 above. Proof of payment shall be in the form of receipt and/or canceled check indicating the amount paid, date of payment, and to whom payment in lieu of service fee has been made. Such proof shall be presented by October 15 of each school year. 6.5 Any bargaining unit member making payments as set forth in Sections 6.3 and 6.4 above, and requesting that the grievance or arbitration provisions of the Agreement be used in his or her behalf, shall be responsible for paying the reasonable cost of using said grievance or arbitration procedures. 6.6 With respect to all sums deducted by the District pursuant to Sections 6.1 and 6.2 above, whether for membership dues or agency fee, the District agrees promptly to remit such moneys to the Association accompanied by an alphabetical list of bargaining unit members 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. 6.7 The Association agrees to furnish any information needed by the District to fulfill the provisions of Section 6.2 of this Article.

Appears in 3 contracts

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

Organizational Security. 8.1 A. The District agrees to deduct Association membership dues from the pay of Association members. 1. The right of payroll deduction for payment of membership dues shall be accorded exclusively to the Association. Any unit member who is a member of the OTA/CTA/NEA Association 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 by the employee, the District shall deduct one-twelfth (1/12) 1/10 of such the Association dues from the regular salary check of the unit member employee each month for twelve (12) monthsmonth. Deductions for unit members employees who sign such authorization after the commencement of the school year shall be appropriately prorated to complete the payments payment by the end of the school year. 8.2 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 the expiration of this Agreement. C. Any unit member who employee who, thirty (30) days after the effective date of this Agreement, is not a member of the OTA/CTA/NEA and Association, or who does not make application for membership within thirty (30) days of from the effective date of this Agreement, or within thirty (30) days from the 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. 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 members employee may authorize payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 Section B of this Article. In the event that a unit member an employee shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.1Section B, the Association shall so inform the District District, and the District shall immediately begin automatic payroll deduction as provided in Education Code section Section 45061 and in the same manner as set forth in section 8.1 Section B of this Article. There shall be no charge to the Association for such mandatory agency representation fee deductions. 8.3 1. Any unit employee who is a member desiring of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be exempt from joining required to join or financially support the Association or paying the representative fee because as a condition of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such unit member employment; except that such employee shall pay, in lieu of a representative representation fee, the sum sums equal to the representative such representation fee to one of the following non-religious, non-labor organizationsorganization, charitable funds exempt from taxation under section 501(c)(3501 (c)(3) of Title 26 of the Internal Revenue Code: 8.3.1 a. Foundation to Assist California Teachers b. United Way c. Teachers (FACT)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 all reasonable legal fees and legal costs incurred in defending against any court action and/or administrative action challenging the legality or constitutionality of the representation fee provisions of this Agreement or their implementation. 2. The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to in Section H.1 shall or shall not be compromised, resisted, defended, tried or appealed. A. Definitions

Appears in 3 contracts

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

Organizational Security. 8.1 9.1 Any unit member who is a member of the OTA/CTA/NEA CSEA Chapter #830, 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 authorization, the District shall deduct one-twelfth (1/12) of such dues from the pay of members of Chapter #830, the normal and regular salary check of the unit member each month for twelve (12) monthsmonthly dues. 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. 8.2 9.2 Any unit member who is not a member of the OTA/CTA/NEA CSEA Chapter #830 and who does not make application for membership within thirty (30) days of the effective date of this Agreement, the 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 fee in an the amount equal to unified 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 members may authorize payroll deductions for such fees in the same manner as provided in section 8.1 of this Article. . 9.3 In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.1, the Association shall so inform the District and the District shall immediately begin automatic payroll deduction as provided in Education Code section 45061 Section 45168, and in the same manner as set forth in section 8.1 Section 9.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions. 8.3 9.4 Any unit employee who is a member desiring of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be exempt from joining required to join, maintain membership in or pay agency service fees to CSEA. Any employee claiming such exemption must do so in writing to the Association or paying CSEA Legal Department, who will then determine whether the representative fee because of religious beliefs or reasons of conscience shall file a claim of exemption with employee qualifies for the Association within fifteen (15) days following exemption. CSEA will then notify the commencement District in writing of the memberemployee’s working assignmentreligious objector status. Such unit member bona fide CSEA religious objectors shall paybe required, in lieu of a representative an agency service fee, the to pay a sum equal to the representative an agency service fee to one of the following non-religious, non-labor organizations, charitable funds exempt from taxation under section Section 501(c)(3) of Title 26 of the Internal Revenue Code: 8.3.1 Foundation a. American Cancer Society b. American Heart Association c. United Way 9.5 An employee claiming this exemption shall, as a condition of continued exemption from the requirement of paying agency service fees to Assist California Teachers (FACT)CSEA, furnish CSEA with copies of receipts from the charity selected, as proof that such payments have been made. 9.5.1 Any dispute between religious objectors and CSEA regarding eligibility for this exemption shall not involve the District. 9.6 If an employee who holds a religious objection pursuant to Government Code section 3546.3 and /or this Article requests CSEA to use the grievance procedure or arbitration procedure on the employee’s behalf, in order to grieve a matter directly related to the District’s obligations under this Article, CSEA is authorized to charge the employee for reasonable cost of using such procedure. 9.7 With respect to all sums deducted by the District pursuant to Sections 9.1 and 9.2 above, whether for membership dues or agency fee, the District agrees to promptly remit such monies to the Association accompanied by an alphabetical list of unit members 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. 9.8 The Association agrees to furnish any information needed by the District to fulfill the provisions of Section 9.3 of this Article. 9.9 Upon appropriate written authorization from the employee, the District shall deduct from the salary of any employee and make appropriate remittance for annuities, insurance programs, credit union, savings bond, charitable deductions or any other plans or programs jointly approved by the Association and the District. 9.10 The Association agrees to pay to the District all reasonable legal fees and legal costs incurred in defending against any court action and/or administrative action resulting from the implementation of this Article.

Appears in 3 contracts

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

Organizational Security. 8.1 19.1 All employees are required to pay membership/representational fees as a condition of continued employment. Unit members who have not voluntarily made application for membership or payment for representational fees shall have said fees deducted via payroll deductions by the district. 19.2 The District will provide communication to new classified staff regarding membership/representational fees through a joint letter which shall be approved by both parties. 19.3 Any bargaining unit member employee who is a member of the OTA/CTA/NEA a religious body whose traditional tenets or who has applied for membership may sign and deliver teachings include objections to the District an assignment authorizing deduction of unified membership dues, initiation joining or paying service fees and general assessments in the Association. Pursuant to such authorization the District employee organizations shall deduct one-twelfth submit within ten (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. 8.2 Any unit member who is not a member of the OTA/CTA/NEA and who does not make application for membership within thirty (3010) days of the effective date of this Agreementhis/her employment, or within thirty (30) days from the commencement of assigned duties within the bargaining unit, shall become proof to CSEA that he/she is a member of such a religious body and shall execute a written authorization for the Association or pay to the Association a fee payroll deduction in an amount equal to unified membership dues, initiation fees and general assessments. These dues are the service fee 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 members may authorize payroll deductions for such fees in the same manner as provided in section 8.1 of this Article. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.1, the Association 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 8.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions. 8.3 Any unit member desiring to be exempt from joining the Association or paying the representative fee because of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such unit member shall pay, in lieu of a representative fee, the sum equal to the representative fee to one of the following non-non religious, non-non labor organizations, charitable funds organizations exempt from taxation under section 501(c)(3501 (c) (3) of Title 26 of the Internal Revenue Code: 8.3.1 Foundation a. Santa ▇▇▇▇▇▇ College Foundation b. Any other verified 501 (c) (3) charity on file with the District Or in the alternative such employee shall provide proof to Assist California Teachers (FACT)the District and the Association that such payments have been made on an annual basis. Such 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 has been made and shall be presented on or before November 1 of each year. 19.4 Once an employee voluntarily becomes a member of the Association, the employee must maintain their membership for the duration of the agreement. 19.5 With respect to all sums deducted by the District, whether for membership dues or equivalent service fees, the District agrees to remit such moneys to CSEA in a business-like manner. 19.6 Any employee who is rehired by the District within 39 months of separation shall have the same status as the employee held with regard to CSEA membership or service fee obligation at the time of separation. Nothing contained herein shall prohibit an employee from paying service fees directly to CSEA. 19.7 CSEA shall indemnify and hold the District harmless from any and all costs, claims, demands, and suits or other actions arising from the operation of this article.

Appears in 3 contracts

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

Organizational Security. 8.1 4.1.1. Any unit member who is a member of the OTA/CTA/NEA or Association who has applied for membership may sign and deliver to the District an assignment authorizing deduction of unified membership dues, initiation fees dues and general assessments in of the Association. Pursuant to such authorization authorization, the District shall deduct one-twelfth (1/12) eleventh of such dues from the regular salary check of the unit member each month for twelve (12) eleven 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. 8.2 4.1.2. Such deduction shall be made only upon the submission of the proper dues deduction form duly completed and signed by the unit member and the Association. 4.1.3. The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing within thirty days after such submission. 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 OTA/CTA/NEA and Association or who does not make application for membership within 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 commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association a fee in an amount equal to unified membership dues, initiation fees dues 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 members member may authorize payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 Section 4.1.1 of this Article. In the event that a such unit member shall not pay such fee directly to the Association, Association or authorize payment through the payroll deduction as provided in section 8.1within fifteen days, the Association shall so inform the District and the District shall immediately begin automatic payroll deduction deductions as provided in Education Code section 45061 Section 45061, and in the same manner as set forth in section 8.1 Section 4.1.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductionsdeductions except as provided in Section 4.1.9 below. 8.3 4.1.6. Any unit member desiring 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 exempt from joining required to join or financially support the Association or paying as a condition of employment, except that the representative fee because of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such unit member shall pay, in lieu of a representative service fee, the a sum equal to the representative such service fee to one of the following non-religious, non-non- labor organizations, organization’s charitable funds exempt from taxation under section 501(c)(3Section 501 (C) (3) of Title 26 of the Internal Revenue Code: 8.3.1 : 1) American Cancer Society Contra Cost Unit, 2) American Heart Association Contra Costa Chapter, 3) Foundation to Assist California Teachers (FACT). Proof of payment and a written statement of objection, along with verifiable evidence of membership in a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, pursuant to Section 4.1.5, Paragraph 1, above, shall be made on an annual basis to the District as a condition of continued exemption from the provisions of Sections 4.1.1, 4.1.2 and 4.1.4 of this Article. 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 service fee has been paid. Such proof shall be presented within thirty calendar days of the commencement of assigned duties in each school year. The Association shall have the right of inspection during business hours to review proofs of payment. Any unit member making payments as set forth in this section and who requests that the grievance or arbitration procedures of this Agreement be used in his/her behalf shall be responsible for paying the reasonable cost of using the grievance or arbitration procedures 4.1.7. With respect to all sums deducted by the District pursuant to Section 4.1.1, 4.1.2 and 4.1.4 of this Article whether for membership dues or agency fee, the District agrees to remit such monies to the Association monthly accompanied by a list designating unit members for whom such deductions have been made. 4.1.8. The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article. If provided by the Association to the District, membership forms will be distributed within the District’s new teacher information packet. 4.1.9. The Association shall indemnify, defend and hold harmless the District, its Board members, its Superintendent, and its Assistant Superintendent, Business Services against any court action or proceeding before the Public Employment Relations Board challenging the legality or constitutionality of the agency fee article of this Agreement or its implementation. 4.1.10. The Association shall have the exclusive right to decide and determine whether any such claim or suits referred to in the above paragraph shall or shall not be compromised, resisted, defended, tried or appealed, but shall consult with the District prior to making such decision or determination. 4.1.11. Upon request, the District agrees to grant release periods for Association officers to perform unit business. The Association shall bear all payroll and any related benefits and costs. At the AEA’S request, the Association president and vice president teaching schedules shall be coordinated as necessary.

Appears in 2 contracts

Sources: Employment Agreement, Collective Bargaining Agreement

Organizational Security. 8.1 Any unit member who is a member 4.1 The District and the Association recognize the rights of Unit Members to freely form, join, and participate in activities of the OTA/CTA/NEA employee organization. 4.2 The District shall deduct dues from the wages of all Unit Members who are members of the Association as of the effective date of this Article, or who has applied for membership may subsequently sign and deliver to the District an assignment authorization form authorizing the deduction of unified membership dues, initiation fees and general assessments in dues of the Association. organization. 4.3 Pursuant to such the signed authorization card, as specified in 4.2, the District shall deduct one-twelfth (1/12) one tenth of such the unified dues from the regular salary check of the unit member Unit Member each month for twelve (12) 10 months. Deductions for unit members Unit Members who sign such authorization after the commencement of the school year shall be appropriately prorated to complete at the payments by customary tenthly rate for the end balance of the school year. 8.2 Any unit member 4.4 Unit Members who is are not a member members of the OTA/CTA/NEA and who does not make application for membership Association within thirty (30) days of the effective date of this Agreement, or within thirty (30) 30 days from the commencement of date they commence their assigned duties within the bargaining unitduties, shall either become a member members of the Association or pay to the Association a service fee in an amount equal to unified membership dues, initiation fees and general assessments. These dues are payable Payment of such fees shall be made either by monthly payroll deductions, as specified in 4.3, or by cash payment directly to the Association in one lump lump-sum cash payment in within 30 days of becoming a member of the same manner as required for the payment of membership dues, provided, however, that the unit members may authorize payroll deductions for such fees in the same manner as provided in section 8.1 of this Articleunit. In the event that a unit member Unit Member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.1, the Association shall so inform notify the District of said failure to pay and the District shall immediately begin automatic payroll deduction as provided for in section 45061 of the California Education Code section 45061 and in retroactive to the same manner as set forth in section 8.1 of this Articledate when fees should have been paid. There shall be no charge to the Association for such mandatory agency service fee deductionsdeduction. 8.3 Any unit member desiring to be exempt 4.5 The District shall not make service fee deductions from joining the Association or paying the representative fee because of religious beliefs or reasons of conscience Unit Members who are in unpaid status but shall file deduct a claim of exemption with the Association within fifteen (15) days following the commencement pro-rata share of the member’s working assignment. Such unit member service fee for part-time Unit Members who have not become members of the Association. 4.6 Unit Members who are members of a religious body whose traditional tenets or teachings include objections to the joining or financially supporting employee organizations shall pay, not be required to join or financially support the Association; except that such Unit Members shall have deducted in lieu of the service fee a representative fee, the sum equal to the representative fee to one of the following non-religious, such non-labor organizationsorganization, charitable funds exempt from taxation under section 501(c)(3) of Title 26 of the Internal Revenue Code: 8.3.1 Foundation (1) United Way (2) American Cancer Society (3) American Heart Association (4) Boy and Girl Scouts of America 4.6.1 A written statement of objection along with evidence of membership in a religious body whose traditional tenets or teachings object to Assist California Teachers (FACT)the joining or financially supporting employee organizations shall be made on an annual basis to the Association and the District as a condition of continued exemption from the payment of service fee. Election of one of the groups specified in 4.6 may be changed only once per school year. 4.7 Nothing in this Agreement shall be construed as to prohibit any employee from making direct payments to the Association upon written notice to the District and the Association. 4.8 The District agrees to remit all dues or service fees to the Association along with an alphabetical list of Unit Members for whom such deductions have been made, annotating as to member or non-member of the Association. 4.9 The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article. 4.10 The Association agrees to indemnify and hold the District harmless regarding any legal claim arising out of this agency fee provision subject to the following: 4.10.1 The Association agrees to pay to the District all legal costs incurred in defending against any court action and/or administrative action before PERB challenging the legality or constitutionality of the organizational security provisions of this Agreement or their implementation. 4.10.2 The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to in 4.10.1 of this Article shall or shall not be compromised, resisted, defended, or appealed. 4.10.3 The Association shall have exclusive right to name counsel.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Organizational Security. 8.1 Any 18.1 This Article protects the rights of individual employees without restricting VVTA/CTA/NEA's right to require every bargaining unit member who is employee, except those exempt from these provisions, to pay a member fair share of the OTAcost of collective bargaining activities. 18.2 Except as expressly provided herein, all employees in the bargaining unit who do not maintain membership in good standing in VVTA/CTA/NEA or who has applied for membership may sign and deliver are required, as a condition of employment, to the District an assignment authorizing deduction of unified membership duespay service fees to VVTA/CTA/NEA, initiation fees and general assessments in the Association. Pursuant amounts that do not exceed the periodic dues of VVTA/CTA/NEA, for the duration of this agreement. 18.3 No employee shall be obligated to such authorization pay dues or service fees to VVTA/CTA/NEA until the District shall deduct one-twelfth (1/12) of such dues from the regular salary check first of the unit member each month for twelve (12) months. Deductions for unit members who sign such authorization following 30 calendar days after the commencement of employee first comes into the school year shall be appropriately prorated to complete the payments by the end of the school yearbargaining unit. 8.2 18.3.1 Any unit member who is not a member of the OTA/CTA/NEA and Association, or who does not make application for membership in the Association within the thirty (30) days of the effective date of this Agreement, 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 unified membership duesthat amount permitted by law, 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 members member may authorize payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 Section 18.9.1 of this Article. . 18.3.2 In the event that a unit member Member of the Bargaining Unit shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.1Section 18.3.1 above, the Association shall so inform may, in writing, request that the District and the District Employer shall immediately begin automatic payroll deduction as provided in Education Code section Section 45061 and in the same manner as set forth in section 8.1 Section 18.9.1 of this Article. There shall be no charge to the Association for such mandatory agency representation fee deductions. 8.3 Any unit member desiring 18.3.3 If the 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 Member of the Bargaining Unit whose pay is to be exempt from joining 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 ▇▇▇▇▇▇ Valley Union High School 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. 18.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying the representative fee because service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to VVTA/CTA/NEA as a condition of religious beliefs or reasons of conscience employment. However, such employee shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such unit member shall paybe required, in lieu of a representative feeservice fee required by this agreement, the sum to pay sums equal to the representative such service fee to one of the following non-religious, non-labor organizations, charitable funds fund exempt from taxation under section 501(c)(3Section 501 (c) (3) of Title 26 of the Internal Revenue Code: 8.3.1 Foundation to Assist California Teachers (FACT)18.4.1 American Heart Association 18.4.2 United Way

Appears in 1 contract

Sources: Certificated Staff Agreement

Organizational Security. 8.1 A. The District agrees to deduct Association membership dues from the pay of Association members. 1. The right of payroll deduction for payment of membership dues shall be accorded exclusively to the Association. Any unit member who is a member of the OTA/CTA/NEA Association 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 by the employee, the District shall deduct one-twelfth (1/12) 1/10 of such the Association dues from the regular salary check of the unit member employee each month for twelve (12) monthsmonth. Deductions for unit members employees who sign such authorization after the commencement of the school year shall be appropriately prorated to complete the payments payment by the end of the school year. 8.2 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 the expiration of this Agreement. C. Any unit member who employee who, thirty (30) days after the effective date of this Agreement, is not a member of the OTA/CTA/NEA and Association, or who does not make application for membership within thirty (30) days of from the effective date of this Agreement, or within thirty (30) days from the 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. 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 members employee may authorize payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 Section B of this Article. In the event that a unit member an employee shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.1Section B, the Association shall so inform the District District, and the District shall immediately begin automatic payroll deduction as provided in Education Code section Section 45061 and in the same manner as set forth in section 8.1 Section B of this Article. There shall be no charge to the Association for such mandatory agency representation fee deductions. 8.3 1. Any unit employee who is a member desiring of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be exempt from joining required to join or financially support the Association or paying the representative fee because as a condition of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such unit member employment; except that such employee shall pay, in lieu of a representative representation fee, the sum sums equal to the representative such representation fee to one of the following non-religious, non-labor organizationsorganization, charitable funds exempt from taxation under section 501(c)(3501 (c)(3) of Title 26 of the Internal Revenue Code: 8.3.1 a. Foundation to Assist California Teachers b. United Way c. Teachers (FACT)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 all reasonable legal fees and legal costs incurred in defending against any court action and/or administrative action challenging the legality or constitutionality of the representation fee provisions of this Agreement or their implementation. 2. The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to in Section H.1 shall or shall not be compromised, resisted, defended, tried or appealed.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 8.1 A. Any unit member who is a member of the OTAMerced Union High School District Teachers’ Association/CTACalifornia Teachers’ Association/NEA National Education Association, or who has applied for membership membership, may sign and deliver to the District an assignment form authorizing deduction of unified membership dues, initiation fees dues and general assessments in the Association. Pursuant to such authorization authorization, the District shall deduct one-twelfth tenth (1/121/10) of such dues from the regular salary check of the unit member each month for twelve ten (1210) 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.. 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. 8.2 B. Any unit member who is not a member of the OTAMUHSDTA/CTA/NEA and or who does not make application for membership within thirty (30) days of from the effective date of this Agreement, or within thirty (30) days from the commencement of assigned duties within the bargaining unit, unit shall become a member of the Association or pay to the Association a fee in an amount equal to unified membership dues, initiation fees dues and general assessments. These dues are payable Payments to the Association shall be made in one lump (1) lump-sum cash payment in the same manner as required for the payment of membership dues, providedunless, however, that the unit members may authorize member authorizes payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 Paragraph 1 of this Article. In the event that a unit member shall does not pay such fee directly to the Association, Association or does not authorize payment through payroll deduction as provided in section 8.1Paragraph 1, the Association shall so inform the District District, and the District shall immediately begin automatic payroll deduction as provided in Education Code section Section 45061 and in the same manner as set forth in section 8.1 Paragraph 1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions. 8.3 C. 1. Any unit member desiring hired prior to be exempt from joining ▇▇▇▇▇, ▇▇▇▇, who in good conscience chooses not to become a member of the Association or paying the representative fee because whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join or financially support MUHSDTA/CTA/NEA as a condition of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such employment except, that such unit member shall pay, in lieu of a representative service fee, the sum sums equal to the representative such service fee to one of the following non-religiousnonreligious, non-labor organizationsorganization, charitable funds exempt from taxation under section 501(c)(3Section 501 (c) of (3) or Title 26 of the Internal Revenue Code: 8.3.1 Foundation to Assist California Teachers (FACT)a. United Way or one of its member organizations. b. American Cancer Society.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 8.1 6.2.1 Any unit member who is a member of the OTA/Elk Grove Education Association, CTA/NEA NEA, or who has applied for membership, shall maintain that membership for the duration of this Agreement, and may sign and deliver to the District Board an assignment authorizing deduction of unified membership dues, initiation fees fees, and general assessments in the Association. Pursuant to such authorization authorization, the District shall deduct one-twelfth tenth (1/121/10th) of such dues from the regular salary check of the unit member each month for twelve ten (1210) 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. 8.2 6.2.2 Any unit member employee who is not becomes a member of the OTA/CTA/NEA and bargaining unit after May 30, 1992, who does not make application for membership within thirty (30) days of from the effective date of this Agreement, or within thirty (30) days from the commencement of assigned duties within the bargaining unit, after achieving permanent status shall become a member of the Association or pay to the Association a fee in an amount equal to unified membership duesthe costs of representation, 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, provided however, that the unit members may authorize member authorizes payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 1 of this Article. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.11, the Association shall so inform the District 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 8.1 4.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions. 8.3 6.2.3 Any unit member desiring 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 exempt from joining required to join or financially support the Association or paying the representative fee because Elk Grove Education Association, CTA/NEA, as a condition of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such employment; except that such unit member shall pay, in lieu of a representative service fee, the sum sums equal to the representative such service fee to one of the following non-religious, non-labor organizations, charitable funds exempt from taxation under section 501(c)(3) of Title 26 of the Internal Revenue Code: 8.3.1 Foundation 3.1 United Way 3.2 The American Cancer Society 3.3 The American Heart Association Such payment shall be made on or before October 1 of each school year. 6.2.4 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 Assist California Teachers joining or financially supporting employee organizations, pursuant to section 3 above, shall be made on an annual basis to the Association and District as a condition of continued exemption from the provisions of sections 1 and 2 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 service fee has been made. Such proof shall be presented on or before October 1 of each school year. 6.2.5 Any unit member making payments as set forth in sections 3 and 4 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. 6.2.6 With respect to all sums deducted by the District pursuant to sections 1 and 2 above, whether for membership dues or agency fees, 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, categorizing them as to membership or non-membership in the Association, and indicating any changes in personnel from the list previously furnished. 6.2.7 The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article, and this shall be reciprocal on the District. 6.2.8 Upon appropriate written authorization from the employee, the District shall 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 District. 6.2.9 The Association agrees to indemnify, defend and hold the District harmless against any and all costs, claims or suits instituted against the District which allege illegality or unconstitutionality arising from its compliance with the provisions of this Article. The Association shall have the exclusive right to decide and determine which matters shall or shall not be compromised, resisted, defended, tried, or appealed. 6.2.10 The District shall not be obligated to put into effect any new or changed deductions until the pay period commencing thirty (FACT)30) days after such submission.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 8.1 Any 4.1 The District and the Association recognize the rights of unit member who is a member members to freely form, join, and participate in activities of the OTA/CTA/NEA employee organization. 4.2 The District shall deduct dues from the wages of all unit members who are members of the Association as of the effective date of this Article, or who has applied for membership may subsequently sign and deliver to the District an assignment authorization form authorizing the deduction of unified membership dues, initiation fees and general assessments in dues of the Association. organization. 4.3 Pursuant to such the signed authorization card, as specified in 4.2, the District shall deduct one-twelfth (1/12) one tenth of such the unified dues from the regular salary check of the unit member each month for twelve ten (1210) months. Deductions for unit members who sign such authorization after the commencement of the school year shall be appropriately prorated to complete at the payments by customary tenthly rate for the end balance of the school year. 8.2 Any unit member 4.4 Unit members who is are not a member members of the OTA/CTA/NEA and who does not make application for membership within thirty (30) days of the effective date of this Agreement, or Association within thirty (30) days from the commencement of date they commence their assigned duties within the bargaining unitduties, shall either become a member members of the Association or pay to the Association a service fee in an amount equal to unified membership dues, initiation fees and general assessments. These dues are payable Payment of such fees shall be made either by monthly payroll deductions, as specified in 4.3, or by cash payment directly to the Association in one lump lump-sum cash payment in within thirty (30) days of becoming a member of the same manner as required for the payment of membership dues, provided, however, that the unit members may authorize payroll deductions for such fees in the same manner as provided in section 8.1 of this Articleunit. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.1, the Association shall so inform notify the District of said failure to pay and the District shall immediately begin automatic payroll deduction as provided for in section 45061 of the California Education Code section 45061 and in retroactive to the same manner as set forth in section 8.1 of this Articledate when fees should have been paid. There shall be no charge to the Association for such mandatory agency service fee deductionsdeduction. 8.3 Any 4.5 The District shall not make service fee deductions from unit member desiring to be exempt from joining the Association or paying the representative fee because of religious beliefs or reasons of conscience members who are in unpaid status but shall file deduct a claim of exemption with the Association within fifteen (15) days following the commencement pro-rata share of the member’s working assignment. Such service fee for part-time unit member members who have not become members of the Association. 4.6 Unit members who are members of a religious body whose traditional tenets or teachings include objections to the joining or financially supporting employee organizations shall pay, not be required to join or financially support the Association; except that such unit members shall have deducted in lieu of the service fee a representative fee, the sum equal to the representative fee to one of the following non-religious, such non-labor organizationsorganization, charitable funds exempt from taxation under section 501(c)(3) of Title 26 of the Internal Revenue Code: United Way American Cancer Society American Heart Association Boy and Girl Scouts of America 4.6.1 A written statement of objection along with evidence of membership in a religious body whose traditional tenets or teachings object to the joining or financially supporting employee organizations shall be made on an annual basis to the Association and the District as a condition of continued exemption from the payment of service fee. Election of one of the groups specified in 4.6 may be changed only once per school year. 4.7 Nothing in this agreement shall be construed as to prohibit any employee from making direct payments to the Association upon written notice to the District and the Association. 4.8 The District agrees to remit all dues or service fees to the Association along with an alphabetical list of unit members for whom such deductions have been made, annotating as to member or non-member of the Association. 4.9 The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article. 4.10 The Association agrees to indemnify and hold the District harmless regarding any legal claim arising out of this agency fee provision subject to the following: 8.3.1 Foundation 4.10.1 The Association agrees to Assist California Teachers (FACT)pay to the District all legal costs incurred in defending against any court action and/or administrative action before PERB challenging the legality or constitutionality of the organizational security provisions of this Agreement or their implementation. 4.10.2 The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to in 4.10.1 of this Article shall or shall not be compromised, resisted, defended, or appealed. 4.10.3 The Association shall have exclusive right to name counsel.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 8.1 6.2.1 Any unit member who is a member of the OTA/Elk Grove Education Association, CTA/NEA NEA, or who has applied for membership, shall maintain that membership for the duration of this Agreement, and may sign and deliver to the District Board an assignment authorizing deduction of unified membership dues, initiation fees fees, and general assessments in the Association. Pursuant to such authorization authorization, the District shall deduct one-twelfth tenth (1/121/10th) of such dues from the regular salary check of the unit member each month for twelve ten (1210) 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. 8.2 6.2.2 Any unit member employee who is not becomes a member of the OTA/CTA/NEA and bargaining unit after May 30, 1992, who does not make application for membership within thirty (30) days of from the effective date of this Agreement, or within thirty (30) days from the commencement of assigned duties within the bargaining unit, after achieving permanent status shall become a member of the Association or pay to the Association a fee in an amount equal to unified membership duesthe costs of representation, 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, provided however, that the unit members may authorize member authorizes payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 1 of this Article. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.11, the Association shall so inform the District 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 8.1 4.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions. 8.3 6.2.3 Any unit member desiring 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 exempt from joining required to join or financially support the Association or paying the representative fee because Elk Grove Education Association, CTA/NEA, as a condition of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such employment; except that such unit member shall pay, in lieu of a representative service fee, the sum sums equal to the representative such service fee to one of the following non-religious, non-labor organizations, charitable funds exempt from taxation under section 501(c)(3) of Title 26 of the Internal Revenue Code: 8.3.1 Foundation to Assist California Teachers (FACT)3.1 United Way 3.2 The American Cancer Society

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 8.1 Any 4.1 This Article protects the rights of individual employees without restricting ADTA/CTA/NEA's right to require every bargaining unit member who is employee, except those exempt from these provisions, to pay a member fair share of the OTAcost of collective bargaining activities. 4.2 Except as expressly provided herein, all employees in the bargaining unit who do not maintain membership in good standing in ADTA/CTA/NEA or who has applied for membership may sign and deliver are required, as a condition of employment, to the District an assignment authorizing deduction of unified membership duespay service fees to ADTA/CTA/NEA, initiation fees and general assessments in the Association. Pursuant amounts that do not exceed the periodic dues of ADTA/CTA/NEA, for the duration of this agreement 4.3 No employee shall be obligated to such authorization pay dues or service fees to ADTA/CTA/NEA until the District shall deduct one-twelfth (1/12) of such dues from the regular salary check first of the unit member each month for twelve (12) months. Deductions for unit members who sign such authorization following 30 calendar days after the commencement of employee first comes into the school year shall be appropriately prorated to complete the payments by the end of the school yearbargaining unit. 8.2 4.3.1 Any unit member who is not a member of the OTA/CTA/NEA and Association or who does not make application for membership in the Association within the thirty (30) days of the effective date of this Agreement, 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 unified membership duesthat amount permitted by law, 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 member-ship dues, provided, however, that the unit members member may authorize payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 Section 4.10.4 of this Article. . 4.3.2 In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.1Section 4.3.1 above, the Association shall so inform may, in writing, request that the District and the District Employer shall immediately begin automatic payroll deduction as provided in Education Code section Section 45061 and in the same manner as set forth in section 8.1 Section 4.9.1 of this Article. There shall be no charge to the Association for such mandatory agency representation fee deductions. 8.3 Any 4.3.3 If the unit member desiring and the Association are unable to reach agreement on the matter of payment, the Association shall notify the Employer, in writing, that the unit member whose pay is to be exempt from joining 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 Adelanto School 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. 4.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying the representative fee because service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to ADTA/CTA/NEA as a condition of religious beliefs or reasons of conscience employment. However, such employee shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such unit member shall paybe required, in In lieu of a representative feeservice fee required by this agreement, the sum to pay sums equal to the representative such service fee to one of the following non-religious, non-labor organizationsorganization, charitable funds exempt from taxation under section 501(c)(3Section 501 (c) (3) of Title 26 of the Internal Revenue Code: 8.3.1 Foundation 4.4.1 March of Dimes 4.4.2 United Way 4.4.3 Adelanto District Teachers’ Association Scholarship Program 4.5 Any employee claiming this religious exemption shall, as a condition of continued exemption from the requirement of paying service fees to Assist California Teachers (FACT)ADTA/CTA/NEA, furnish 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. 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 4.4 and 4.7 The employee organization is authorized to charge any unit member making "in lieu of payments”, as set forth in Section 4.3.2 and 4.3.3 above in accordance with Government

Appears in 1 contract

Sources: Negotiated Contract

Organizational Security. 8.1 15.9.1 Any unit member who is a member of the OTARHCFA/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 fees, and general assessments in the Association. Pursuant to such authorization authorization, the District shall deduct one-twelfth tenth (1/121/10) of such dues from the regular salary check of the unit member each month for twelve ten (1210) 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. Such authorization shall continue in effect from year to year unless revoked in writing. A unit member 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 15.9.2 and 15.9.3 below. 8.2 15.9.2 Any unit member who is not a member of the OTARHCFA/CTA/-NEA and or who does not make application for membership within thirty (30) days of the effective date of this 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 fee in an amount equal to the legally chargeable collective bargaining expense portion of unified membership dues, initiation fees fees, and general assessments. These dues are , payable to the Association in one (1) lump sum cash payment in the same manner as required for the payment of membership dues, provided, however, that the unit members member may authorize payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 Section 15.9.1 of this Articlearticle. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.1Section 15.9.1, the Association shall so inform the District District, and the District shall immediately begin automatic payroll deduction as provided for in Education Code section 45061 Sections 87833 and 87834 and in the same manner as set forth in section 8.1 Section 15.9.1 of this Articlearticle. There shall be no charge to the Association for such mandatory agency fee deductions. 8.3 15.9.3 Any unit member desiring 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 exempt from joining the Association required to join or paying the representative fee because financially support RHCFA/CTA-NEA as a condition of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such employment; except that such unit member shall pay, in lieu of a representative service fee, the sum sums equal to the representative such service fee to one (1) of the following non-religiousnonreligious, non-labor organizationsnonlabor organization, charitable funds exempt from taxation under section Section 501(c)(3) of Title 26 of the Internal Revenue Code:: American Heart Association, City of Hope, Rio Hondo College Foundation. 8.3.1 Foundation 5.9.3.1 Proof of payment and a written statement of objection along with a verifiable evidence of membership in a religious body whose traditional tenets or teachings object to Assist California Teachers (FACT)joining or financially supporting employee organizations, pursuant to Section above, shall be made on an annual basis to the District as a condition of continued exemption from the provisions of Sections 15.9.1 and 15.9.2 of this article. 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 service fee has been made. Such proof shall be presented in accordance with the timelines contained in Section 15.9.2 above. The Association shall have the right of inspection in order to review said proof of payment. 15.9.3.2 Any unit member making payments as set forth in Sections 15.9.3 and 15.9.3.1 above, and who requests that the grievance or arbitration provisions of this Agreement be used in his/her behalf, shall be responsible for paying the reasonable cost of using said grievance or arbitration procedures. 15.9.4 With respect to all sums deducted by the District pursuant to Sections 15.9.1 and

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 8.1 Any 5.1 This Article protects the rights of individual employees without restricting CDEA- SC's right to require every bargaining unit member who is employee, except those exempt from these provisions, to pay a member fair share of the OTA/CTA/NEA or who has applied for membership may sign and deliver to the District an assignment authorizing deduction cost of unified membership duescollective bargaining activities. 5.2 Except as expressly provided herein, initiation fees and general assessments all employees in the Association. Pursuant bargaining unit who do not maintain membership in good standing in CDEA-SC are required, as a condition of employment, to such authorization pay service fees to CDEA-SC, in amounts that do not exceed the District periodic dues of CDEA-SC, for the duration of this agreement. 5.3 No employee shall deduct onebe obligated to pay dues or service fees to CDEA-twelfth (1/12) of such dues from SC until the regular salary check first of the unit member each month for twelve (12) months. Deductions for unit members who sign such authorization following 30 calendar days after the commencement of employee first comes into the school year shall be appropriately prorated to complete the payments by the end of the school yearbargaining unit. 8.2 5.3.1 Any unit member who is not a member of the OTA/CTA/NEA and Association or who does not make application for membership in the Association within the thirty (30) days of the effective date of this Agreement, 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 unified membership duesthat amount permitted by law, 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 members member may authorize payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 Section 5.9.4 of this Article. . 5.3.2 In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.1Section 5.3.1 above, the Association shall so inform may, in writing, request that the District and the District Employer shall immediately begin automatic payroll deduction as provided in Education Code section Section 45061 and in the same manner as set forth in section 8.1 Section 5.9.1 of this Article. There shall be no charge to the Association for such mandatory agency representation fee deductions. 8.3 Any 5.3.3 If the unit member desiring 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 exempt from joining 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 Shasta County Office of Education 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 the representative fee because service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to CDEA-SC as a condition of religious beliefs or reasons of conscience employment. However, such employee shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such unit member shall paybe required, in lieu of a representative feeservice fee required by this agreement, the sum to pay sums equal to the representative such service fee to one of the following non-religiousnonreligious, non-labor organizationsnonlabor organization, charitable funds exempt from taxation under section 501(c)(3Section 501 (c) (3) of Title 26 of the Internal Revenue Code: 8.3.1 a. Shasta County United Way b. American Cancer Society c. Foundation to Assist assist California Teachers Teachers d. California Cascade Association for the Education of Young Children 5.5 Any employee claiming this religious exemption shall, as a condition of continued exemption from the requirement of paying service fees to CDEA-SC, furnish 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 (FACT)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.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 8.1 6.2.1 Any unit member who is a member of the OTA/Elk Grove Education Association, CTA/NEA NEA, or who has applied for membership, shall maintain that membership for the duration of this Agreement, and may sign and deliver to the District Board an assignment authorizing deduction of unified membership dues, initiation fees fees, and general assessments in the Association. Pursuant to such authorization authorization, the District shall deduct one-twelfth tenth (1/121/10th) of such dues from the regular salary check of the unit member each month for twelve ten (1210) 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. 8.2 6.2.2 Any unit member employee who is not becomes a member of the OTA/CTA/NEA and bargaining unit after May 30, 1992, who does not make application for membership within thirty (30) days of from the effective date of this Agreement, or within thirty (30) days from the commencement of assigned duties within the bargaining unit, after achieving permanent status shall become a member of the Association or pay to the Association a fee in an amount equal to unified membership duesthe costs of representation, 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, provided however, that the unit members may authorize member authorizes payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 1 of this Article. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.11, the Association shall so inform the District 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 8.1 4.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions. 8.3 6.2.3 Any unit member desiring 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 exempt from joining required to join or financially support the Association or paying the representative fee because Elk Grove Education Association, CTA/NEA, as a condition of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such employment; except that such unit member shall pay, in lieu of a representative service fee, the sum sums equal to the representative such service fee to one of the following non-religious, non-labor organizations, charitable funds exempt from taxation under section 501(c)(3) of Title 26 of the Internal Revenue Code: 8.3.1 Foundation to Assist California Teachers (FACT)_.3.1 United Way

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 8.1 5.1 Any unit member who is a member of the OTASan Jacinto Teachers Association/CTA/NEA NEA, or who has applied for membership membership, may sign and deliver to the District an assignment a written statement authorizing deduction of unified membership dues, initiation fees and general assessments in of the Association. Pursuant to such authorization authorization, the District shall deduct one-twelfth tenth (1/121/10) of such dues from the regular salary check of the unit a member each month for twelve ten (1210) 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. The District shall not be obligated to put into effect any new or changed deduction until the pay period that commences thirty (30) days or more after such submission to the District payroll office. 8.2 5.2 Any unit member who is not a member of the OTASan Jacinto Teachers Association/CTA/NEA and NEA, or who does not make application for membership within thirty (30) days of the effective date of this Agreement, or within thirty (30) calendar 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 service fee in an amount equal to unified membership dues, initiation fees and general assessments. These dues are This service fee shall be 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 members employee may authorize payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 .1 of this Article. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.1, the Association 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 8.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions.fee 8.3 5.3 Any unit member desiring who is a member of a religious body whose traditions, tenets or teachings include objections to joining or otherwise supporting an employee organization shall not be exempt from joining required to join or financially support the Association or paying the representative fee because San Jacinto Teachers Association/CTA/NEA as a condition of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such employment; except that such unit member shall pay, in lieu of a representative service fee, the sum sums equal to the representative such service fee to one of the following non-religious, non-labor organizations, charitable funds exempt from taxation under section 501(c)(3501 (c) (3) of Title 26 of the Internal Revenue Code:: Community Foundation Serving Riverside and San Bernardino Counties. All funds donated to the Community Foundation under this provision shall be designated for use as college scholarships for San Jacinto High School Students. 8.3.1 Foundation 5.3.1 Proof of payment and a written statement of objection, along with verifiable evidence of membership in a religious body whose traditions, tenets or teachings object to Assist California Teachers (FACT)joining or financially supporting employee organizations, pursuant to section .3 above, shall be made on an annual basis to the Association as a condition of continued exemption from the provisions of .1 and .2 of this Article. Evidence shall be in the form of receipts and/or cancelled checks indicating the amount paid, date of payment and to whom payment in lieu of service fee has been made. In-kind services may not be used for payment, nor may payment be in the form other than money such as the donation of used items. Such proof shall be presented on or before October 30th of each school year. 5.4 With respect all sums deducted by the District pursuant to sections .1 and .2 above, whether for membership dues or fair share, the District agrees to promptly remit such monies to the Association accompanied by an alphabetical list of unit members for whom such deductions have been made, categorizing any changes in personnel from the list previously furnished. 5.5 The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article, and agrees to provide notice to all fee payers of their legal rights and obligations as required by applicable law. 5.6 The Association shall reimburse the District for attorney’s fees, all costs, expenses, fees, settlements and judgments incurred by the District and, further, shall fully indemnify and hold harmless the District’s Board of Education, including each individual School Board member, and employees and representatives of the District against any and all lawsuits or other legal proceedings which may be brought against the Board or District personnel challenging the legality or constitutionality of the organizational provisions of this Agreement or their implementation or administration. The Association shall have the exclusive right to decide and determine whether such action or proceeding referred to above shall or shall not be compromised, resisted, defended, tried or appealed.

Appears in 1 contract

Sources: Contract With San Jacinto Teachers Association

Organizational Security. 8.1 6.1 Any unit member who is a member of the OTA/Modoc County Teachers Association, CTA/NEA NEA, or who has applied for membership membership, may sign and deliver to the District Superintendent an assignment authorizing deduction of unified membership dues, initiation fees and general assessments in the Association. Pursuant to such authorization authorization, the District Superintendent shall deduct one-twelfth tenth (1/121/10) of such dues from the regular salary check of the unit member each month for twelve ten (1210) 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. 8.2 6.2 Any unit member who is not a member of the OTA/Modoc County Teachers Association, CTA/NEA and NEA, or who does not make application for membership within thirty (30) days of the effective date of this Agreementby September 1, 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 fee in an amount equal to unified 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, provided however, that the unit members member may authorize payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 6.1 of this Article. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in section 8.16.1, the Association shall so inform the District Superintendent, and the District Superintendent shall immediately begin automatic payroll deduction deductions as provided in Education Code section 45061 and in the same manner as set forth in section 8.1 6.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions. 8.3 6.3 Any unit member desiring 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 exempt from joining the Association required to join or paying the representative fee because financially support Modoc County Teachers Association, CTA/NEA as a condition of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such employment; except that such unit member shall pay, in lieu of a representative service fee, the sum sums equal to the representative such service fee to one of the following non-religious, non-labor organizations, charitable funds exempt from taxation under section 501(c)(3) of Title 26 of the Internal Revenue Code. 6.4 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 6.3 above, shall be made on an annual basis to the Association and Superintendent as a condition of continued exemption from the provisions of sections 6.1 and 6.2 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 service fee has been made. Such proof shall be presented on or before September 15th of each school year. 6.5 Any unit member making payments as set forth in sections 6.3 and 6.4 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. 6.6 With respect to all sums deducted by the Superintendent pursuant to sections 6.1 and 6.2 above, whether for membership dues or agency fee, the Superintendent agrees promptly to remit such monies to the Association accompanied by an alphabetical list of unit members for whom such deductions have been made, categorizing them as to membership or non-membership in the Association, and any changes in personnel from the list previously furnished. 6.7 The Association agrees to furnish any information needed by the Superintendent to fulfill the provisions of this Article. 6.8 The Association and the Superintendent hereby agree as follows: 8.3.1 Foundation 6.8.1 The Association agrees to Assist California Teachers (FACT)pay to the Superintendent all legal fees and legal costs incurred by the Superintendent in the dismissal of any certificated employee pursuant to the agency fee provisions of this Agreement. 6.8.2 The Association agrees to pay to the Superintendent all legal fees and legal costs incurred in defending against any court action and/or administrative action before the Public Employment Relations Board challenging the legality or constitutionality of the agency fee provisions of this Agreement or their implementation. 6.8.3 The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to in Paragraphs 6.8.1 and 6.8.2 shall or shall not be compromised, resisted, defended, tried or appealed.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 8.1 A. Any unit member Unit Member who is a member of the OTASan Leandro Teachers' Association/CTA/NEA NEA, or who has applied for membership membership, may sign and deliver to the District an assignment authorizing deduction of unified membership dues, dues and initiation fees and general assessments in the Associationfees. Pursuant to such authorization authorization, the District shall deduct one-twelfth tenth (1/121/10) of such dues from the regular salary check of the unit member Unit Member each month for twelve ten (1210) months. Deductions for unit members 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. 8.2 B. Any unit member Unit Member who is not a member of the OTASan Leandro Teachers' Association/CTA/NEA and NEA, or who does not make application for membership within thirty (30) days of the effective date ratification of this Agreement, or within thirty forty five (3045) 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 fee in an amount equal to unified membership duesdues and initiation fees, 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, dues and initiation fees provided, however, that the unit members Unit Member may authorize payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 Section A of this Article. In the event that a unit member Unit Member shall not pay such fee directly to the Association, or authorize payment through payroll deduction deductions as provided in section 8.1Section A, the Association shall so inform the District District, and the District shall immediately begin automatic payroll deduction as provided in Education Code section Section 45061 and in the same manner as set forth in section 8.1 Section A of this Article. There shall be no charge to the Association for such mandatory agency fee deductions. 8.3 C. Any unit Unit Member who is a member desiring of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be exempt from joining the Association required to join or paying the representative fee because financially support SLTA/CTA/NEA as a condition of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such unit member employment; except that such Unit Member shall pay, in lieu of a representative service fee, the a sum equal to the representative such service fee to one of the following non-a non- religious, non-labor organizationsorganization, or charitable funds fund exempt from taxation under section 501(c)(3Section 501 (c) (3) of Title 26 of the Internal Revenue Code:. Such payment shall be made on or before October 15 of each school year, or within 30 days of commencing assigned duties for a new employee during the school year. 8.3.1 Foundation D. 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 Assist California Teachers joining or financially supporting employee organizations, pursuant to Section C 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 and B above. Proof of payment shall be in the form of receipts and/or cancelled checks indicating the amount paid, date of payment, and to whom payment, in lieu of the service fee, has been made. Such proof shall be presented on or before November 1 of each school year, or within 45 days of commencing assigned duties for a new employee employed during the school year. E. With respect to all sums deducted by the District pursuant to Sections A and B above, whether for membership dues or agency fee, the District agrees to remit such monies to the Association accompanied by a list of Unit Members for whom such deductions have been made, and indicating any changes in personnel from the list previously furnished. F. The Association agrees to furnish any information needed by the District to fulfill the provisions of Section C of this Article. G. Any Unit Member who is a member of the Association at the time this Agreement becomes effective or who enrolls during the term of the Agreement shall maintain such membership from year to year unless revoked in writing between July 1 and July 31 of the year in which this Agreement terminates. The Board will guarantee said maintenance of membership to the Association by enforcing payment of dues by members required under the terms set forth above and provisions of the Education Code and Government Code Section 3540. 1 (FACTi) (1). The Association shall indemnify and hold harmless the District and its Board, individually and collectively, against any claims, demands or liability incurred by reason of litigation arising from this Article. The Association agrees to pay the reasonable cost of attorney fees of defending or initiating actions to enforce this Article and to indemnify the District with respect to the deduction herein required or any action challenging enforcement of these provisions. The District shall not settle or compromise any claim under this Article without the prior approval of the Association.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 8.1 1. Upon written authorization from any employee, the District shall deduct the appropriate amount from the salary of the 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 OTA/CTA/NEA Union or who has applied for membership may sign and deliver to the District an and assignment authorizing deduction of unified membership dues, initiation fees and general central assessments in the AssociationUnion. Pursuant to such authorization authorization, the District shall deduct one-twelfth (1/12) of such the regular monthly dues from the regular salary check of the unit member each month for twelve (12) monthsmember. 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. 8.2 3. Any unit member who is not a member of the OTA/CTA/NEA and Union or who does not make application for membership within thirty (30) days of the effective date of this Agreementsection, or within thirty (30) days from the commencement date of assigned duties within the bargaining unit, shall become a member of the Association Union or shall pay to the Association a Union fee in an amount equal to unified 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 members member may authorize payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 sections 20.1 and 20.2 of this Articlearticle. In the event that a unit member shall not pay such fee directly to the AssociationUnion, or authorize authorized payment through payroll deduction as provided in section 8.1sections 20.1 and 20.2 of this article, the Association Union shall so inform the District and the District shall immediately begin automatic payroll deduction as a provided in Education Code section 45061 45168 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 agency fee deductions. 8.3 Any unit member desiring to be exempt from joining the Association or paying the representative fee because of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such unit member shall pay, in lieu of a representative fee, the sum equal to the representative fee to one of the following non-religious, non-labor organizations, charitable funds exempt from taxation under section 501(c)(3) of Title 26 of the Internal Revenue Code: 8.3.1 Foundation to Assist California Teachers (FACT)sections 20.1 and

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 8.1 4.1.1 Any unit member who is a member of the OTA/CTA/NEA or Association who has applied for membership may sign and deliver to the District an assignment authorizing deduction of unified membership dues, initiation fees dues and general assessments in of the Association. Pursuant to such authorization authorization, the District shall deduct one-twelfth (1/12) eleventh of such dues from the regular salary check of the unit member each month for twelve (12) eleven 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. 8.2 4.1.2 Such deduction shall be made only upon the submission of the proper dues deduction form duly completed and signed by the unit member and the Association. 4.1.3 The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing within thirty days after such submission. 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 OTA/CTA/NEA and Association or who does not make application for membership within 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 commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association a fee in an amount equal to unified membership dues, initiation fees dues 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 members member may authorize payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 Section 4.1.1 of this Article. In the event that a such unit member shall not pay such fee directly to the Association, Association or authorize payment through the payroll deduction as provided in section 8.1within fifteen days, the Association shall so inform the District and the District shall immediately begin automatic payroll deduction deductions as provided in Education Code section 45061 Section 45061, and in the same manner as set forth in section 8.1 Section 4.1.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductionsdeductions except as provided in Section 4.1.9 below. 8.3 4.1.6 Any unit member desiring 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 exempt from joining required to join or financially support the Association or paying as a condition of employment, except that the representative fee because of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such unit member shall pay, in lieu of a representative service fee, the a sum equal to the representative such service fee to one of the following non-religious, non-labor organizations, organization’s charitable funds exempt from taxation under section 501(c)(3Section 501 (C) (3) of Title 26 of the Internal Revenue Code: 8.3.1 : 1) American Cancer Society Contra Cost Unit, 2) American Heart Association Contra Costa Chapter, 3) Foundation to Assist California Teachers (FACT). Proof of payment and a written statement of objection, along with verifiable evidence of membership in a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, pursuant to Section 4.1.5, Paragraph 1, above, shall be made on an annual basis to the District as a condition of continued exemption from the provisions of Sections 4.1.1, 4.1.2 and

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 8.1 Any unit member who is a member Subject to Section 4, Payroll Deductions of the OTA/CTA/NEA or who has applied for membership may sign City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct and deliver remit to the District an assignment authorizing deduction of unified membership dues, Union the Union's initiation fees fee and general assessments in the Association. Pursuant to such authorization the District shall deduct one-twelfth (1/12) of such periodic dues from the regular salary check for members of the unit member each month for twelve (12) monthsUnion. 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. 8.2 Any unit member who is not a member of the OTA/CTA/NEA and Union, or who does not make application for membership within thirty (30) days of following the effective date of this Agreementparagraph, or or, for those hired after the effective date of this paragraph, within thirty (30) days from the commencement of assigned duties within the bargaining unitduties, shall become a member of the Association Union or pay to the Association union a fee in an amount equal to unified membership the Union's periodic 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 members member may authorize payroll deductions for such fees fee in the same manner as provided in section 8.1 the paragraph above. Dues withheld by the City shall be transmitted to the Union Officer designated in writing by the Union as a person authorized to receive such funds, at the address specified. The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit-member to remain a member in good standing of the Union or to pay the equivalent of Union dues during the term of this Articleagreement shall constitute, generally, just and reasonable cause for termination. In 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 event that Union or to make an agency fee payment if the unit member is an actual verified member of a bona fide religion, body, or 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, instead, arrange with the Union to satisfy 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. Whenever a unit member shall not pay such fee directly to be delinquent in the Association, payment of dues or authorize payment through payroll deduction as provided in section 8.1fees, the Association Union shall so inform give 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 8.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions. 8.3 Any unit member desiring to be exempt from joining the Association or paying the representative fee because of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within 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 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 Labor-Management Disclosure Act of 1959, or Government Code section 3546.5, shall satisfy this requirement. This organizational security arrangement shall be null and void during the period following expiration of this Memorandum of Understanding and prior to entering into a successor agreement containing the same provision for organizational security. Additionally, this organizational security arrangement shall be null and void if rescinded by a vote of employees pursuant to Government Code section 3502.5, subdivision (b). The Union will defend, indemnify and hold harmless the 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 member’s working assignmentUnion 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. Such unit member Any such decision on the part of the Union shall paynot diminish the Union's indemnification obligations under this agreement. The City, 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 lieu 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 representative fee, the sum equal court of competent jurisdiction awarding damages to the representative fee to one any employee of the following non-religious, non-labor organizations, charitable funds exempt from taxation City shall pay to such employee all sums owing under section 501(c)(3) of Title 26 of the Internal Revenue Code: 8.3.1 Foundation to Assist California Teachers (FACT)such order and judgment.

Appears in 1 contract

Sources: Master Memorandum of Understanding

Organizational Security. 8.1 Any unit member who is a member Subject to Section 4, Payroll Deductions of the OTA/CTA/NEA or who has applied for membership may sign City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct and deliver remit to the District an assignment authorizing deduction of unified membership dues, Union the Union's initiation fees fee and general assessments in the Association. Pursuant to such authorization the District shall deduct one-twelfth (1/12) of such periodic dues from the regular salary check for members of the unit member each month for twelve (12) monthsUnion. 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. 8.2 Any unit member who is not a member of the OTA/CTA/NEA and Union, or who does not make application for membership within thirty (30) days of following the effective date of this Agreementparagraph, or or, for those hired after the effective date of this paragraph, within thirty (30) days from the commencement of assigned duties within the bargaining unitduties, shall become a member of the Association Union or pay to the Association union a fee in an amount equal to unified membership the Union's periodic 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 members member may authorize payroll deductions for such fees fee in the same manner as provided in section 8.1 the paragraph above. Dues withheld by the City shall be transmitted to the Union Officer designated in writing by the Union as a person authorized to receive such funds, at the address specified. The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit- member to remain a member in good standing of the Union or to pay the equivalent of Union dues during the term of this Articleagreement shall constitute, generally, just and reasonable cause for termination. In 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 event that Union or to make an agency fee payment if the unit member is an actual verified member of a bona fide religion, body, or 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, instead, arrange with the Union to satisfy 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. Whenever a unit member shall not pay such fee directly to be delinquent in the Association, payment of dues or authorize payment through payroll deduction as provided in section 8.1fees, the Association Union shall so inform give 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 8.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions. 8.3 Any unit member desiring to be exempt from joining the Association or paying the representative fee because of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within 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 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 Labor-Management Disclosure Act of 1959, or Government Code section 3546.5, shall satisfy this requirement. This organizational security arrangement shall be null and void during the period following expiration of this Memorandum of Understanding and prior to entering into a successor agreement containing the same provision for organizational security. Additionally, this organizational security arrangement shall be null and void if rescinded by a vote of employees pursuant to Government Code section 3502.5, subdivision (b). The Union will defend, indemnify and hold harmless the 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 member’s working assignmentUnion 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. Such unit member Any such decision on the part of the Union shall paynot diminish the Union's indemnification obligations under this agreement. The City, 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 lieu 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 representative fee, the sum equal court of competent jurisdiction awarding damages to the representative fee to one any employee of the following non-religious, non-labor organizations, charitable funds exempt from taxation City shall pay to such employee all sums owing under section 501(c)(3) of Title 26 of the Internal Revenue Code: 8.3.1 Foundation to Assist California Teachers (FACT)such order and judgment.

Appears in 1 contract

Sources: Master Memorandum of Understanding

Organizational Security. 8.1 Any 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 who is a member of the OTA/CTA/NEA or who has applied for membership may sign and deliver from paying dues directly to the Association. 5.2 The Association agrees to furnish any information needed by the District an assignment authorizing deduction to fulfill the provisions of unified 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, initiation 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 contained herein, including reasonable attorney fees and general assessments costs. The Association as the indemnitor shall have the exclusive right to decide and determine which matters shall or shall not be compromised, resisted, defended, tried or appealed. 5.5 The Association, as the exclusive representative, shall have the sole and exclusive right to have membership dues deducted for employees in the bargaining unit 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 dues. 5.5.1 Pursuant to such authorization authorization, the District shall deduct one-twelfth tenth (1/121/10) of such dues from the regular monthly salary check of the unit member each month for twelve (12) ten 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. 8.2 Any unit member who is not a member of the OTA/CTA/NEA and who does not make application for membership within thirty (30) days of the effective date of this Agreement, or within thirty (30) days from the commencement of assigned duties within the bargaining unit, . Payroll deductions shall become a member of the Association or pay be without cost to the Association a fee in an amount equal to unified 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 members may authorize payroll deductions for of the Association. 5.6 If, through inadvertence or error, the District fails to make the authorized deduction, or any part thereof, the District shall assume no responsibility to correct such fees in omission error retroactively. 5.7 It is expressly understood and agreed that the same manner as provided in section 8.1 of this Articleemployee organization will refund to the employee any union dues erroneously withheld from an employee's wages by the District and paid to the employee organization. In the event that the employee organization fails to refund the dues erroneously withheld within a unit member shall not pay reasonable period of time following notification, the District will make such fee directly refund and deduct the amount from the amount due to the Association, or authorize payment through payroll deduction as provided in section 8.1, the Association 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 8.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductionsemployee organization. 8.3 Any unit member desiring to be exempt from joining the Association or paying the representative fee because of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such unit member shall pay, in lieu of a representative fee, the sum equal to the representative fee to one of the following non-religious, non-labor organizations, charitable funds exempt from taxation under section 501(c)(3) of Title 26 of the Internal Revenue Code: 8.3.1 Foundation to Assist California Teachers (FACT)

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 8.1 1. Upon written authorization from any employee, the District shall deduct the appropriate amount from the salary of the 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 OTA/CTA/NEA Union 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 central assessments in the AssociationUnion. Pursuant to such authorization authorization, the District shall deduct one-twelfth (1/12) of such the regular monthly dues from the regular salary check of the unit member each month for twelve (12) monthsmember. 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. 8.2 3. Any unit member who is not a member of the OTA/CTA/NEA and Union or who does not make application for from membership within thirty (30) days of the effective date of this Agreementsection, or within thirty (30) days from the commencement date of assigned duties within the bargaining unit, shall become a member of the Association Union or shall pay to the Association a Union fee in an amount equal to unified 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 members member may authorize payroll deductions deduction for such fees fee in the same manner as provided in section 8.1 sections 10.1 and 10.2 of this Articlearticle. In the event that a unit member shall not pay such fee directly to the AssociationUnion, or authorize authorized payment through payroll deduction as provided in section 8.1sections 10.1 and 10.2 of this article, the Association Union shall so inform the District and the District shall immediately begin automatic payroll deduction as a provided in Education Code section 45061 45168 and in the same manner as set forth in section 8.1 sections 10.1 and 10.2 of this Articlearticle. There shall be no charge to the Association Union for such mandatory agency fee deductions. 8.3 4. Any unit member desiring 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 exempt from joining required to join or financially support the Association or paying the representative fee because Union as a condition of religious beliefs or reasons of conscience shall file a claim of exemption with the Association within fifteen (15) days following the commencement of the member’s working assignment. Such employment; except that such unit member shall pay, in lieu of a representative service fee, the sum sums equal to the representative such service fee to one of the following non-religious, non-labor organizationsorganization, charitable funds exempt from taxation under section 501(c)(3) of Title 26 of the Internal Revenue Code: 8.3.1 Foundation ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇ Educational Institute. B. United Way. ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Scholarship Fund. Such payment shall be made on or before October 31 of each school year except for new hires, who shall make payment within sixty (60) days of date of hire. 5. Proof of payment and a written statement of objection along with verifiable evidence of membership in a religious body with tax-exempt status whose traditional religious tenets or teachings object to Assist California Teachers the joining of financially supporting employee organizations, pursuant to section 10.4 above, shall be made on an annual basis to the District and the Union as a condition of continued exemption from the provisions of sections 10.1 and 10.2 of this article. Proof of payment shall be in the form of receipts, payroll deduction stubs and/or canceled checks indicating the amount paid, date of payment and to whom payment in lieu of the agency fee has been made. The Union shall have the right of inspection in order to review said proof of payment. A minimum of 48 hours notice (FACT)2 workdays) must be given to the District prior to exercising this right of inspection. 6. Any unit member making payments as set forth in sections 10.4 and 10.5 of this article, 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 costs of using said grievance or arbitration procedures. 7. With respect to all sums deducted by the District pursuant to this article, whether for membership dues or agency fee, the District agrees to promptly remit monthly such monies to the Union accompanied by an alphabetical list of unit members for who such deductions have been made, categorizing them as to membership or non-membership in the association, and to indicate any changes in personnel from the list previously furnished. 8. The Union agrees to furnish in a timely manner any information needed by the District to fulfill the provisions of this article. 9. The Union agrees to pay to the District all reasonable legal fees and legal costs (including damages) incurred in defending against any Court or administrative action challenging the legality of the agency fee provisions of this Agreement or their implementation. 10. The Union shall have the exclusive right to decide and determine whether any such action referred to in section 10.9 above shall or shall not be compromised, resisted, defended, tried or appealed.

Appears in 1 contract

Sources: Collective Bargaining Agreement