Common use of PROFESSIONAL ASSOCIATION DUES AND FINANCIAL SECURITY Clause in Contracts

PROFESSIONAL ASSOCIATION DUES AND FINANCIAL SECURITY. In recognition of the Association's services to the bargaining unit, all members of the bargaining unit shall, as a condition of their employment, either be members of the Association and its affiliates or share in the financial support of the Association by paying to the Association a representation fee equivalent to the amount of dues uniformly required of members of the Association in the manner described below. These deductions shall be an exclusive right conferred upon SELDTA, as the recognized representative of the certified/licensed personnel, as defined in RECOGNITION contained herein. 1. Each member shall submit a payroll deduction form to the SELDTA Treasurer by the end of the first week of school. This payroll deduction form shall continue to be effective from year to year. The School District Treasurer shall have the form prior to making deductions. a. The deductions shall be made equally, except as necessary the last deduction may be adjusted accordingly, from each bi-weekly paycheck for eighteen (18) consecutive pays, commencing with the first pay in October. b. These deductions shall continue from year to year automatically. The Association shall forward to the Treasurer and to the employee, by October 1 of each year, the amount to be deducted for that year. c. The Board Treasurer shall forward to the Association the total amount deducted, with a listing of any changes since the last deduction. 2. The Board shall deduct, after authorization, from the pay of certified/licensed personnel who elect not to become or to remain members of SELDTA, a fair share fee for the Association's representation of such non-members during the term of this contract. No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not germane to the Association's work in the realm of collective bargaining. a. Notice of the amount of the annual fair share fee, which shall not be more than 100% of the unified dues of the Association, shall be transmitted by the Association to the Treasurer of the Board on or about September 15 of each year during the term of this Contract for the purpose of determining amounts to be payroll-deducted, and the Board agrees to promptly transmit all amounts deducted to the Association. b. Payroll deduction of such fair share fees shall commence on the first pay date which occurs on or after January 15th annually. In the case of unit employees newly hired after the beginning of the school year, the payroll deduction shall commence on the first pay date on or after the latter of: (1) sixty days employment in a bargaining unit position which shall be the required probationary period or (2) January 15th. c. The Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, commence the deduction of the fair share fee with respect to the former member, and the amount of the fee yet to be deducted shall be the annual fair share fee less the amount previously paid through payroll deduction. The deduction of said amount shall commence on the first pay date occurring on or after forty- five days from the termination of membership. d. The Board further agrees to accompany each such transmittal with a list of the names of the employees for whom all such fair share fee deductions were made, the period covered, and the amounts deducted for each. e. The Association represents to the Board that an internal rebate procedure has been established in accordance with Section 4117.09 (C) of the Ohio Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each certified/licensed employee who does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. f. Upon timely demand, non-members may apply to the Association for an advance reduction/rebate of the fair share fee pursuant to the internal procedure adopted by the Association. 3. The Association agrees to indemnify the Board for any cost or liability incurred as a result of the implementation and enforcement of this fair share fee provision provided that: a. The Board shall give a ten (10) day written notice of any claim made or action filed against the employer by a non-member for which indemnification may be claimed. b. The Association shall reserve the right to designate counsel to represent and defend the employer. The Board may retain their Counsel at their sole expense. No settlement will be made without consent of their Counsel. c. The Board agrees to (1) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, (2) permit the Association or its affiliates to intervene as a party if it so desires, and/or (3) not to oppose the Association or its affiliates' application to file briefs amicus curiae in the action; d. The Board acted in good faith compliance with the fair share fee provision of this Agreement; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein.

PROFESSIONAL ASSOCIATION DUES AND FINANCIAL SECURITY. In recognition of the Association's ’s services to the bargaining unit, all members of the bargaining unit shall, as a condition of their employment, either be members of the Association and its affiliates or share in the financial support of the Association by paying to the Association a representation fee equivalent to the amount of dues uniformly required of members of the Association in the manner allowed by law and described below. Such membership shall be annual and continuous, except as may be expressly provided below. These deductions shall be an exclusive right conferred upon SELDTAthe Association, as the recognized representative of the certified/licensed personnel, as defined in RECOGNITION Article 1 contained herein. 1. Each member shall submit a payroll deduction form to the SELDTA Association Treasurer by the end of the first week of school. This payroll deduction form shall continue to be effective from year to yearyear unless the bargaining unit member instructs otherwise. The School District Board Treasurer shall have the initial form prior to making deductions. a. The deductions shall be made equally, except as necessary the last deduction may be adjusted accordingly, from each bi-weekly paycheck for eighteen nine (189) consecutive monthly pays, commencing with the first second pay in October. b. These deductions shall continue from year to year automatically, unless the bargaining unit member instructs otherwise. The Association shall forward to the Board Treasurer and to the employee, by October 1 of each year, the amount to be deducted for that year. c. The Board Treasurer shall forward to the Association a report with the total amount deducted, with a listing breakdown of any changes since the last deduction. 2. The Board shall deduct, after authorization, from the pay of certified/licensed personnel who elect not to become or to remain members of SELDTA, a fair share fee for the Association's representation of such non-members during the term of this contract. No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not germane to the Association's work in the realm of collective bargaining. a. Notice of the amount of the annual fair share fee, which shall not be more than 100% of the unified dues of the Association, shall be transmitted payment by the Association to the Treasurer of the Board on or about September 15 of each year during the term of this Contract for the purpose of determining amounts to be payroll-deducted, and the Board agrees to promptly transmit all amounts deducted to the Association. b. Payroll deduction of such fair share fees shall commence on the first pay date which occurs on or after January 15th annually. In the case of unit employees newly hired after the beginning of the school year, the payroll deduction shall commence on the first pay date on or after the latter of: (1) sixty days employment in a bargaining unit position which shall be the required probationary period or (2) January 15th. c. The Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, commence the deduction of the fair share fee with respect to the former member, and the amount of the fee yet to be deducted shall be the annual fair share fee less the amount previously paid through payroll deduction. The deduction of said amount shall commence on the first pay date occurring on or after forty- five days from the termination of membership. d. The Board further agrees to accompany each such transmittal with a list Treasurer shall deduct the remaining balance of the names of annual dues from the employees for whom all such fair share fee deductions were made, the period covered, and the amounts deducted for each. e. The Association represents to the Board that an internal rebate procedure has been established in accordance with Section 4117.09 (C) of the Ohio Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each certified/licensed employee who does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. f. Upon timely demand, non-members may apply to the Association for an advance reduction/rebate of the fair share fee pursuant to the internal procedure adopted by the Association. 3. The Association agrees to indemnify the Board for any cost or liability incurred as a result of the implementation and enforcement of this fair share fee provision provided that: a. The Board shall give a ten (10) day written notice last paycheck of any claim made or action filed against bargaining unit member resigning from the employer by a non-member for which indemnification may be claimed. b. The Association shall reserve the right to designate counsel to represent and defend the employer. The Board may retain their Counsel at their sole expense. No settlement will be made without consent of their Counsel. c. The Board agrees to (1) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, (2) permit the Association or its affiliates to intervene as a party if it so desires, and/or (3) not to oppose the Association or its affiliates' application to file briefs amicus curiae in the action; d. The Board acted in good faith compliance with the fair share fee provision of this Agreement; however, there shall be no indemnification employment of the Board if and for any bargaining unit member commencing an unpaid leave where the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision hereinunpaid leave will continue through the end of the dues collection period.