Common use of Payment Method and Association Certification Requirements Clause in Contracts

Payment Method and Association Certification Requirements. a. A bargaining unit member who is not excluded in Section 3 or not exempted in Section 6, and who has not voluntarily made application for membership in the Association within the thirtieth (30th) day following the date upon which said employee has been formally hired by the District as a bargaining unit employee, must as a condition of continued employment in the District pay to the Association a service fee. This fee is in exchange for representation services necessarily performed by the Association in conformance with its legally imposed duty of fair representation on behalf of said unit member who is not a member of the Association. b. In the event that a unit member does not become a member of the Association or pay such fee directly to the Association, the District shall begin automatic payroll deduction as provided by the Education Code. c. Prior to beginning such automatic payroll deduction, the Association will certify to the District in writing that: (1) The employee whose pay is to be affected by the deduction has: (a) Refused to join the Association; (b) Refused to tender the amount of the service fee as defined herein; and (c) Not applied for an exemption under Section 6 herein; and (2) The Association is complying with current Public Employment Relations Board Regulations regarding “Notification of Non-member,” “Filing of Financial Reports,” “Agency Fee Appeal,” “Escrow of Agency Fees in Dispute,” and “Filing of Agency Fee Appeal Procedure.” d. The written certification in “(c)” above, shall be a condition precedent to any collection of the service fee by the District. e. Upon request the Association will provide in a timely manner the District a copy of the written notice required by the regulations of the Public Employment Relations Board to be sent to non-Association members subject to the service fee.

Payment Method and Association Certification Requirements. a. A bargaining unit member who is not excluded in Section 3 or not exempted in Section 6, and who has not voluntarily made application for membership in the Association within the thirtieth (30th) day following the date upon which said employee has been formally hired by the District as a bargaining unit employee, must as a condition of continued employment in the District pay to the Association a service fee. This fee is in exchange for representation services necessarily performed by the Association in conformance with its legally imposed duty of fair representation on behalf of said unit member who is not a member of the Association. b. In the event that a unit member does not become a member of the Association or pay such fee directly to the Association, the District shall begin automatic payroll deduction as provided by the Education Code. c. Prior to beginning such automatic payroll deduction, the Association will certify to the District in writing that: (1) The employee whose pay is to be affected by the deduction has: (a) Refused to join the Association; (b) Refused to tender the amount of the service fee as defined herein; and (c) Not applied for an exemption under Section 6 herein; and (2) The Association is complying with current Public Employment Relations Board Regulations regarding “Notification of Non-Non- member,” “Filing of Financial Reports,” “Agency Fee Appeal,” “Escrow of Agency Fees in Dispute,” and “Filing of Agency Fee Appeal Procedure.” d. The written certification in “(c)” above, shall be a condition precedent to any collection of the service fee by the District. e. Upon request the Association will provide in a timely manner the District a copy of the written notice required by the regulations of the Public Employment Relations Board to be sent to non-Association members subject to the service fee.

Payment Method and Association Certification Requirements. a. 6.3.1 A bargaining unit member who is does not excluded fall within the exempted categories as set forth in Section 3 or not exempted in Section 66.5, and who has not voluntarily made application for membership in the Association within the thirtieth (30th) 60th day following either the date upon which the results of the separate election provided for in the Sections above are finally certified pursuant to the rules and regulations governing the Public Employment Relations Board, or, the date upon which said employee has been formally hired by the District as a bargaining unit employee, must as a condition of continued employment in the District pay to the Association a service fee. This fee is in exchange for representation services necessarily performed by the Association in conformance with its legally imposed duty of fair representation on behalf of said unit member who is not a member of the Association. b. 6.3.2 In the event that a unit member does not become a member of the Association or pay such fee directly to the Association, the District shall begin automatic payroll deduction in the same manner as provided by set forth in Section 6.2 of this Agreement and pursuant to the Education Code. c. 6.3.3 Prior to the beginning of such automatic payroll deduction, the Association will certify to the District in writing that: (1) The employee whose pay is to be affected by the deduction has: (a) Refused refused to join the Associationassociation; (b) Refused refused to tender the amount of the service fee as defined herein; and: (c) Not not applied for an exemption under Section 6 6.5 herein; : and (2) The Association is complying with current Public Employment Relations Board Regulations regarding “Notification of Non-member"Notification,” “Filing of Financial Reports,” “" "Agency Fee Appeal,” “" "Escrow of Agency Fees in Dispute,” " and “"Filing of Agency Fee Appeal Procedure.”" d. 6.3.4 The written certification in “(c)” above, Section 6.3.3 shall be a condition precedent to any collection of the service fee by the District. e. Upon request 6.3.5 The unit member's earnings must be sufficient after other legal and required deductions are made to cover the Association will provide amount of the dues or service fees to be deducted. 1) The District is under no obligation to make payroll deductions for periods during which a unit member is either terminated from active employment or not on the District's active payroll for any reason, including, but not limited to, layoff and voluntary leave of absence for more than three days. 2) When a unit member is in a timely manner non-pay status for an entire pay period, no withholding will be made to cover the District pay period. In the case of a copy unit member who is in a non-pay status during only part of the written notice pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. All other legal and required by the regulations of the Public Employment Relations Board to be sent to non-deductions have priority over Association members subject to the dues and service feefees.

Payment Method and Association Certification Requirements. a. 6.4.1 A bargaining unit member who is does not excluded fall within the exempted categories as set forth in Section 3 or not exempted in Section 66.7 below, and who has not voluntarily made application for membership in the Association within the thirtieth (30th) 60th day following the date upon which said employee has been formally hired by the District as a bargaining unit employee, must as a condition of continued employment in the District pay to the Association a service fee. This fee is in exchange for representation services necessarily performed by the Association in conformance with its legally imposed duty of fair representation on behalf of said unit member who is not a member of the Association. b. 6.4.2 In the event that a unit member does not become a member of the Association or pay such fee directly to the Association, the District shall begin automatic payroll deduction in the same manner as provided by set forth in Section 6.2 of this Agreement and pursuant to the Education Code. c. 6.4.3 Prior to the beginning of such automatic payroll deduction, the Association will certify to the District in writing that: (1) The the employee whose pay is to be affected by the deduction has: (a) Refused refused to join the Association; (b) Refused refused to tender the amount of the service fee as defined herein; and (c) Not not applied for an exemption under Section 6 6.7 herein; and (2) The the Association is complying with current Public Employment Relations Board Regulations regarding “"Notification of Non-member,” “" "Filing of Financial Reports,” “" "Agency Fee Appeal,” “" "Escrow of Agency Fees in Dispute,” " and “"Filing of Agency Fee Appeal Procedure.”" d. 6.4.4 The written certification in “(c)” above, 6.4.3 above shall be a condition precedent to any collection of the service fee by the District. e. Upon request 6.4.5 The District is under no obligation to make payroll deductions for periods during which a unit member is either terminated from active employment or not on the Association will provide District's active payroll for any reason, including, but not limited to, layoff and voluntary leave of absence for more than three days. The unit member's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues or service fees to be deducted. When a unit member is in a timely manner non-pay status for an entire pay period, no withholding will be made to cover the District pay period. In the case of a copy unit member who is in a non-pay status during only part of the written notice pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. All other legal and required by the regulations of the Public Employment Relations Board to be sent to non-deductions have priority over Association members subject to the dues and service feefees.

Payment Method and Association Certification Requirements. a. 4.4.3.1 A bargaining unit member who is does not excluded fall within the exempted categories as set forth in Section 3 or not exempted in Section 64.4.6 below, and who has not voluntarily made application for membership in the Association within the thirtieth (30th) day following the date upon which said the employee has been formally hired by the District as a bargaining unit employeemember, must as a condition of continued employment in the District pay to the Association a service fee. This fee is , in exchange for representation services necessarily performed by the Association in conformance with its legally imposed duty of fair representation on behalf of said any unit member who is not a member of the Association. b. 4.4.3.2 In the event that a unit member does not become a member of the Association or does not pay such a service fee directly to the Association, the District shall begin automatic payroll deduction in the same manner as provided by set forth in Section 4.4.2 of this Agreement and pursuant to the Education Government Code. c. 4.4.3.3 Prior to beginning such automatic payroll deduction, the Association will certify to the District in writing that: (1) The employee the unit member whose pay is to be affected by the deduction has: (a) Refused refused to join the Association; (b) Refused refused to tender the amount of the service fee as defined hereinin this Article; and (c) Not not applied for an exemption under Section 6 herein4.4.6 of this Article; and (2) The the Association is complying with current Public Employment Relations Board Regulations regulations regarding “Notification of Non-memberNonmember,” “Filing of Financial Reports,” “Agency Fee Appeal,” “Escrow of Agency Fees in Dispute,” and “Filing of Agency Fee Appeal Procedure.” d. 4.4.3.4 The written certification in “(c)” above, of 4.4.3.3 above shall be a condition precedent to any the District’s collection of the service fee by fee. (1) The District is under no obligation to make payroll deductions for periods during which a unit member is either terminated from active employment or not on the District’s active payroll for any reason, including, but not limited to, layoff and voluntary leave of absence for more than thirty (30) days. e. Upon request (2) The unit member’s earnings must be sufficient after other legal and required deductions are made to cover the Association will provide amount of the dues or service fees to be deducted. (3) When a unit member is in a timely manner non-pay status for an entire pay period, no withholding will be made to cover the District pay period. In the case of a copy unit member who is in a non-pay status during only part of the written notice pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. All other legal and required by the regulations of the Public Employment Relations Board to be sent to non-deductions have priority over Association members subject to the dues and service feefees.