PROFESSIONAL DUES OR FEES AND PAYROLL DEDUCTIONS. 20.1 The District and the Federation recognize the right of employees to form, join, and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join, and participate in employee organizations. Neither party shall exert pressure on or discriminate against any employee for exercising nor not exercising the membership, participation or organizational activities rights guaranteed herein or for membership or non-membership in the Federation. 20.2 The District shall deduct from the pay of Federation members and pay to the Federation the normal and regular monthly Federation membership dues as voluntarily authorized electronically or in writing by the employee on the District form subject to the following conditions: 20.2.1 Such deduction shall be made upon submission of the electronic or printed membership form to the District Payroll Department, duly completed and executed by the employee. 20.2.2 The District shall not be obligated to implement any new Federation monthly dues deduction until the pay period commencing not less than 30 workdays after such submission. 20.2.3 The District shall, on a monthly basis, draw its order upon the funds of the District in favor of the Federation for an amount equal to the total of the dues deduction made during the month and shall furnish the Federation a list of all employees affected, together with the amount deducted for each. 20.2.4 The revocable written authorization shall remain in effect until expressly revoked in writing by the employee, pursuant to the terms of the written authorization. 20.2.5 Employees wishing to cancel, revoke and/or submit their Federation membership or dues deduction authorization will be referred to the Federation. The only actions to be taken by the District if an employee approaches it regarding authorizing, changing or cancelling dues deductions will be to direct the employee to the Federation by notifying the Federation in writing of such issues. 20.2.6 Upon appropriate written authorization from the employee, the District shall deduct from the salary of any employee and make appropriate remittance for Committee on Political Education (COPE), credit union, savings bonds, charitable donations, or any other plans or programs approved by the District. 20.2.7 The Federation agrees to indemnify and hold harmless the District, its members, and each member of the management against any and all costs, losses, or damages because of civil or other action arising from the administration and implementation of these provisions. Any clerical errors will be corrected by the party making the error, with the provision that if any such dues are deducted from the pay of any employee and remitted to the Federation, and the employee does not owe same, the Federation shall refund the same to the employee and the District shall not be liable for any refund. The Federation agrees to furnish any information needed by the District to fulfill these provisions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
PROFESSIONAL DUES OR FEES AND PAYROLL DEDUCTIONS. 20.1 It shall be a condition of employment that all teachers employed shall, within 15 days after the ratification date of this agreement or 15 days after the commencement of employment, whichever comes later, sign and deliver to the Board an authorization for deduction of membership and fee payer dues of the Association to be deducted from their pay in equal installments to be completed prior to June 1 of each contract year. In the event a teacher shall not pay such representation service fee directly to the Association or authorize payment thereof through payroll deduction, the Board shall, upon completion of the procedures contained herein, at the request of the Association and pursuant to MCL 408.477; MSA17.277(7), deduct the fee from the teacher’s wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made in equal installments as nearly as may be made from the paycheck of the teacher. The District Association in all cases of mandatory fee deduction pursuant to MCL 408.477; MSA 17.277(7) shall notify the teacher in writing of non-compliance. Said notice shall detail the non-compliance and the Federation recognize the right of employees to form, joinshall provide 10 days for compliance, and participate shall further advise the employee that a request for wage deduction may be filed with the Board in lawful activities the event compliance is not effected. If the teacher fails to remit the fee or fails to authorize deduction for same, the Association may request the Board to make the deduction. The Board, upon receipt of employee organizations and the equal alternative right request for mandatory fee deduction from the Association shall provide the teacher with an opportunity for a due process hearing. This hearing shall address the question of employees whether or not the teacher has remitted the service fee to refuse the Association or authorized payroll deduction of same. A teacher contesting the appropriate amount of the fee to formbe deducted, joinmust exhaust the internal administrative procedures of the Association. When a teacher objects to the appropriate amount of the representation service fee, the amount of the deduction contested shall be placed in an escrow account as may be require by law until a determination of the appropriate amount of the deduction has been determined. The remedies of such procedures shall be exclusive, and participate in unless and until such procedures, including administrative or judicial review thereof, shall have been exhausted, not dispute, claim or complaint by an objecting employee organizations. Neither party concerning the application and interpretation of this provision shall exert pressure on or discriminate against any employee for exercising nor not exercising the membership, participation or organizational activities rights guaranteed herein or for membership or non-membership in the Federation.
20.2 The District shall deduct from the pay of Federation members and pay to the Federation the normal and regular monthly Federation membership dues as voluntarily authorized electronically or in writing by the employee on the District form be subject to the following conditions:
20.2.1 Such grievance procedure set forth in this Agreement or to any other administrative or judicial procedure. The Association will certify at least annually to the Board and at least fifteen (15) days prior to the first payroll deduction shall for the representation service fees, the amount of said fees to be made deducted and certify that said fees include only those amounts permitted by the Agreement and by law. The parties agree to cooperatively discuss and exchange information regarding the Association service fee collection and objection procedures. The Association agrees, upon submission request from the Board, to provide to the Board for its review a copy of the electronic or printed membership form Association’s current policy and procedures regarding teacher objections to the District Payroll Department, duly completed and executed by the employee.
20.2.2 The District shall not be obligated to implement any new Federation monthly dues deduction until the pay period commencing not less than 30 workdays after such submission.
20.2.3 The District shall, on a monthly basis, draw its order upon the funds of the District in favor of the Federation for an amount equal to the total of the dues deduction made during the month and shall furnish the Federation a list of all employees affectedAssociation fees and/or expenditures, together with the amount deducted for each.
20.2.4 The revocable written authorization shall remain in effect until expressly revoked in writing a copy of all materials annually distributed by the employee, pursuant Association and its affiliates to teachers who choose not to join the Association and/or object to the terms of the written authorization.
20.2.5 Employees wishing to cancel, revoke and/or submit their Federation membership or dues deduction authorization will be referred to the Federationrepresentation service fees. The only actions to be taken by the District if an employee approaches it regarding authorizing, changing or cancelling dues deductions will be to direct the employee to the Federation by notifying the Federation in writing of such issues.
20.2.6 Upon appropriate written authorization from the employee, the District shall deduct from the salary of any employee and make appropriate remittance for Committee on Political Education (COPE), credit union, savings bonds, charitable donations, or any other plans or programs approved by the District.
20.2.7 The Federation Association agrees to indemnify and hold the Board, including such individual board members and its agents, harmless the District, its members, and each member of the management against any and all claims, demands, costs, lossessuits, or damages because of civil damages, awards, judgments or other forms of liability and expense, including but not limited to back pay damages and all court or administrative agency costs that may arise out of or by reason of any action arising or legal stance taken by the Board for the purpose of complying with this section. The Association pledge that it will not contest in any way the enforceability of this provision or seek to be excused from the administration commitment herein and implementation of these provisions. Any clerical errors that it will be corrected intervene in and defend against any legal action from any party seeking to have this provision voided to any extent when requested by the party making the error, with the provision that if any such dues are deducted from the pay of any employee and remitted to the Federation, and the employee does not owe same, the Federation shall refund the same to the employee and the District shall not be liable for any refund. The Federation agrees to furnish any information needed by the District to fulfill these provisionsBoard.
Appears in 3 contracts
Samples: Teacher Contract, Collective Bargaining Agreement, Collective Bargaining Agreement
PROFESSIONAL DUES OR FEES AND PAYROLL DEDUCTIONS. 20.1 The District and the Federation recognize the right of employees to form, join, and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join, and participate in employee organizations. Neither party shall exert pressure on or discriminate against any employee for exercising nor not exercising the membership, participation or organizational activities rights guaranteed herein or for membership or non-membership in the Federation.
20.2 The District shall deduct from the pay of Federation members and pay to the Federation the normal and regular monthly Federation membership dues as voluntarily authorized electronically or in writing by the employee on the District form subject to the following conditions:
20.2.1 Such deduction shall be made only upon submission of the electronic or printed membership District form to the District Payroll Department, duly completed and executed by the employee.
20.2.2 The District shall not be obligated to implement any new Federation monthly dues deduction until the pay period commencing not less than 30 workdays after such submission.
20.2.3 The District shall, on a monthly basis, draw its order upon the funds of the District in favor of the Federation for an amount equal to the total of the dues deduction made during the month and shall furnish the Federation a list of all employees affected, together with the amount deducted for each.
20.2.4 The revocable written An employee may terminate Federation membership or voluntary dues deduction authorization shall remain in effect until expressly revoked in writing by the employeeat any time, pursuant but will still be subject to the terms service fee provisions of 20.3. Said deduction cancellation shall be effective on the pay period commencing 30 workdays after written authorizationsubmission.
20.2.5 Employees wishing to cancel, revoke and/or submit their Federation membership or dues deduction authorization will be referred to the Federation. The only actions to be taken by the District if an employee approaches it regarding authorizing, changing or cancelling dues deductions will be to direct the employee to the Federation by notifying the Federation in writing of such issues.
20.2.6 Upon appropriate written authorization from the employee, the District shall deduct from the salary of any employee and make appropriate remittance for Committee on Political Education (COPE), credit union, savings bonds, charitable donations, or any other plans or programs approved by the District.
20.2.7 20.2.6 The Federation agrees to indemnify and hold harmless the District, its members, and each member of the management against any and all costs, losses, or damages because of civil or other action arising from the administration and implementation of these provisions. Any clerical errors will be corrected by the party making the error, with the provision that if any such dues are deducted from the pay of any employee and remitted to the Federation, and the employee does not owe same, the Federation shall refund the same to the employee and the District shall not be liable for any refund. The Federation agrees to furnish any information needed by the District to fulfill these provisions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
PROFESSIONAL DUES OR FEES AND PAYROLL DEDUCTIONS. 20.1 A. Each bargaining unit member shall, as a condition of employment, on or before thirty (30) calendar days from the date of commencement of duties or the effective date of this Agreement, whichever is later, join the Association or pay a Service Fee to the Association equivalent to the amount of dues uniformly required of the members of the Association, less any amounts not permitted by law. The District bargaining unit member may authorize payroll deduction for such fee. In the event the bargaining unit member shall not pay such Service Fee directly to the Association or authorize payment through payroll deduction the employer shall, pursuant to MCLA 408.477, MSA 17.277 (7) and at the request of the Association deduct the service fee from the bargaining unit member's wages and remit same to the Association under the procedure provided below. Such moneys shall be remitted to the Association or its designee no later than twenty (20) calendar days following deduction. The procedure in all cases of non-payment of the service fee shall be as follows:
1. The Association shall notify the bargaining unit member of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) calendar days for compliance, and shall further advise the recipient that a request for wage deduction may be filed with the Board in the event compliance is not effected.
2. If the bargaining unit member fails to remit the service fee or authorize deduction for same, the Association may request the Board to make such deduction pursuant to paragraph A above.
3. The Board, upon receipt of request for involuntary deduction, shall provide the bargaining unit member with an opportunity for a due process hearing limited to the question of whether or not the member has remitted the service fee to the Association or authorized payroll deduction for same.
4. Payroll deductions made pursuant to the procedure outlined above shall be made in equal amounts as nearly as may be from the paychecks of the bargaining unit member so affected.
B. Pursuant to Chicago Teachers Union V Xxxxxx 106 S Ct 1066 (1986), the Association has established a policy regarding "Objections to Political Ideological Expenditures-Administrative Procedures". That Policy, and the Federation recognize administrative procedures (including the right of employees timetable for payment) pursuant thereto, applies only to form, joinnon-Association bargaining unit members. The remedies set forth in that Policy shall be exclusive, and participate unless and until such procedures (including any administrative or judicial review thereof) shall have been availed of and exhausted, no dispute, claim or complaint by such objecting bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in lawful activities this Agreement.
C. Due to certain requirements established in recent court decisions, the Association represents that the amount of employee organizations the fee charged to non-members, along with other required information, may not be available and transmitted to non-members until mid school year (December, January, or February). Consequently, the equal alternative right of employees parties agree that the procedures in this Article relating to refuse to form, join, and participate in employee organizations. Neither party shall exert pressure on or discriminate against any employee for exercising nor not exercising the membership, participation or organizational activities rights guaranteed herein or for membership payment or non-membership in payment of the Federationrepresentation fee by non-members shall be activated thirty (30) calendar days following the Association's notification to non-members of the fee for that given school year.
20.2 D. The District shall deduct from the pay of Federation members and pay Association will certify at least annually to the Federation District, fifteen (15) calendar days prior to the normal date of the first payroll deduction for professional fees and regular monthly Federation membership dues as voluntarily authorized electronically or in writing at least fifteen (15) calendar days prior to the date of the first payroll deduction for service fees, the amount of said professional fees and the amount of service fee to be deducted by the employee on the District form subject to the following conditions:
20.2.1 Such deduction shall be made upon submission of the electronic or printed membership form to the District Payroll DepartmentDistrict, duly completed and executed that said service fee includes only those amounts permitted by the employee.
20.2.2 The District shall not be obligated Agreement and by law. Further the Association agrees to implement any new Federation monthly dues deduction until the pay period commencing not less than 30 workdays after such submission.
20.2.3 The District shall, on a monthly basis, draw its order upon the funds of timely notify the District in favor the event a Court order is entered restraining the Association from implementing its policy regarding objections to political- ideological expenditures. If as a result of notice that such an order has been entered, the Federation for an amount equal District intends to suspend involuntary wage deductions under this Article, it shall give timely notice to the total Association.
E. The deduction of membership dues and agency fees shall be as nearly as possible an equal amount to be deducted from twenty (20) consecutive pays beginning the dues deduction made during first pay in September. The Board agrees to promptly remit to the month and shall furnish the Federation Association all monies so deducted accompanied by a list of all employees affectedteachers from whom the deductions have been made. Provided, together with it shall be the amount deducted for each.
20.2.4 The revocable written authorization shall remain in effect until expressly revoked in writing by the employee, pursuant to the terms responsibility of the written authorization.
20.2.5 Employees wishing Association to cancel, revoke and/or submit their Federation annually update the roster of individuals for whom membership or dues deduction authorization will be referred to the Federation. The only actions agency fee deductions are to be taken by the District if an employee approaches it regarding authorizingmade, changing or cancelling dues deductions will be to direct the employee to the Federation by notifying the Federation in writing of such issues.
20.2.6 Upon appropriate written authorization from the employee, the District shall deduct from the salary of any employee and make appropriate remittance for Committee on Political Education (COPE), credit union, savings bonds, charitable donations, or any other plans or programs approved by the District.
20.2.7 The Federation agrees to indemnify and hold harmless the District, its members, and each member of the management against any and all costs, losses, or damages because of civil or other action arising from the administration and implementation of these provisions. Any clerical errors will be corrected by the party making the error, with the provision that if any such dues are deducted from the pay of any employee and remitted to the Federation, and the employee does not owe same, the Federation shall refund the same to the employee and the District shall not be liable for any refund. The Federation agrees to furnish any information needed by the District to fulfill these provisions.later than two
Appears in 2 contracts
Samples: Professional Negotiations Agreement, Professional Negotiations Agreement
PROFESSIONAL DUES OR FEES AND PAYROLL DEDUCTIONS. 20.1 The District and the Federation recognize the right of employees to form, join, and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join, and participate in employee organizations. Neither party shall exert pressure on or discriminate against any employee for exercising nor not exercising the membership, participation or organizational activities rights guaranteed herein or for membership or non-membership in the Federation.
20.2 The District shall deduct from the pay of Federation members and pay to the Federation the normal and regular monthly Federation membership dues as voluntarily authorized electronically or in writing by the employee on the District form subject to the following conditions:
20.2.1 Such deduction shall be made upon submission of the electronic or printed membership form to the District Payroll Department, duly xxxx completed and executed by the employee.
20.2.2 The District shall not be obligated to implement any new Federation monthly dues deduction until the pay period commencing not less than 30 workdays after such submission.
20.2.3 The District shall, on a monthly basis, draw its order upon the funds of the District in favor of the Federation for an amount equal to the total of the dues deduction made during the month and shall furnish the Federation a list of all employees affected, together with the amount deducted for each.
20.2.4 The revocable written authorization shall remain in effect until expressly revoked in writing by the employee, pursuant to the terms of the written authorization.
20.2.5 Employees wishing to cancel, revoke and/or submit their Federation membership or dues deduction authorization will be referred to the Federation. The only actions to be taken by the District if an employee approaches it regarding authorizing, changing or cancelling dues deductions will be to direct the employee to the Federation by notifying the Federation in writing of such issues.
20.2.6 Upon appropriate written authorization from the employee, the District shall deduct from the salary of any employee and make appropriate remittance for Committee on Political Education (COPE), credit union, savings bonds, charitable donations, or any other plans or programs approved by the District.
20.2.7 The Federation agrees to indemnify and hold harmless the District, its members, and each member of the management against any and all costs, losses, or damages because of civil or other action arising from the administration and implementation of these provisions. Any clerical errors will be corrected by the party making the error, with the provision that if any such dues are deducted from the pay of any employee and remitted to the Federation, and the employee does not owe same, the Federation shall refund the same to the employee and the District shall not be liable for any refund. The Federation agrees to furnish any information needed by the District to fulfill these provisions.
Appears in 1 contract
Samples: Collective Bargaining Agreement
PROFESSIONAL DUES OR FEES AND PAYROLL DEDUCTIONS. 20.1 A. Each bargaining unit member shall, as a condition of employment, on or before thirty (30) calendar days from the date of commencement of duties or the effective date of this Agreement, whichever is later, join the Association or pay a Service Fee to the Association equivalent to the amount of dues uniformly required of the members of the Association, less any amounts not permitted by law. The District bargaining unit member may authorize payroll deduction for such fee. In the event the bargaining unit member shall not pay such Service Fee directly to the Association or authorize payment through payroll deduction the employer shall, pursuant to MCLA 408.477, MSA 17.277 (7) and at the request of the Association deduct the service fee from the bargaining unit member's wages and remit same to the Association under the procedure provided below. Such moneys shall be remitted to the Association or its designee no later than twenty (20) calendar days following deduction.
1. The Association shall notify the bargaining unit member of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) calendar days for compliance, and shall further advise the recipient that a request for wage deduction may be filed with the Board in the event compliance is not effected.
2. If the bargaining unit member fails to remit the service fee or authorize deduction for same, the Association may request the Board to make such deduction pursuant to paragraph A above.
3. The Board, upon receipt of request for involuntary deduction, shall provide the bargaining unit member with an opportunity for a due process hearing limited to the question of whether or not the member has remitted the service fee to the Association or authorized payroll deduction for same.
4. Payroll deductions made pursuant to the procedure outlined above shall be made in equal amounts as nearly as may be from the paychecks of the bargaining unit member so affected.
B. Pursuant to Chicago Teachers Union V Xxxxxx 106 S Ct 1066 (1986), the Association has established a policy regarding "Objections to Political Ideological Expenditures• Administrative Procedures". That Policy, and the Federation recognize administrative procedures (including the right of employees timetable for payment) pursuant thereto, applies only to form, joinnon-Association bargaining unit members. The remedies set forth in that Policy shall be exclusive, and participate unless and until such procedures (including any administrative or judicial review thereof) shall have been availed of and exhausted, no dispute, claim or complaint by such objecting bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in lawful activities this Agreement.
C. Due to certain requirements established in recent court decisions, the Association represents that the amount of employee organizations the fee charged to non-members, along with other required information, may not be available and transmitted to non-members until mid school year (December, January, or February). Consequently, the equal alternative right of employees parties agree that the procedures in this Article relating to refuse to form, join, and participate in employee organizations. Neither party shall exert pressure on or discriminate against any employee for exercising nor not exercising the membership, participation or organizational activities rights guaranteed herein or for membership payment or non-membership in payment of the Federationrepresentation fee by non• members shall be activated thirty (30) calendar days following the Association's notification to non-members of the fee for that given school year.
20.2 D. The District shall deduct from the pay of Federation members and pay Association will certify at least annually to the Federation District, fifteen (15) calendar days prior to the normal date of the first payroll deduction for professional fees and regular monthly Federation membership dues as voluntarily authorized electronically or in writing at least fifteen (15) calendar days prior to the date of the first payroll deduction for service fees, the amount of said professional fees and the amount of service fee to be deducted by the employee on the District form subject to the following conditions:
20.2.1 Such deduction shall be made upon submission of the electronic or printed membership form to the District Payroll DepartmentDistrict, duly completed and executed that said service fee includes only those amounts permitted by the employee.
20.2.2 The District shall not be obligated Agreement and by law. Further the Association agrees to implement any new Federation monthly dues deduction until the pay period commencing not less than 30 workdays after such submission.
20.2.3 The District shall, on a monthly basis, draw its order upon the funds of timely notify the District in favor the event a Court order is entered restraining the Association from implementing its policy regarding objections to political-ideological expenditures. If, as a result of notice that such an order has been entered, the Federation for an amount equal District intends to suspend involuntary wage deductions under this Article; it shall give timely notice to the total Association.
E. The deduction of membership dues and agency fees shall be as nearly as possible an equal amount to be deducted from twenty (20) consecutive pays beginning the dues deduction made during first pay in September. The Board agrees to promptly remit to the month and shall furnish the Federation Association all monies so deducted accompanied by a list of all employees affectedteachers from whom the deductions have been made. Provided, together with it shall be the amount deducted responsibility of the Association to annually update the roster of individuals for eachwhom membership or agency fee deductions are to be made, not later than two (2) weeks prior to the second payroll date in September. Changes in the roster due to staff employed after the opening of the school year shall be forwarded to the Board within thirty (30) days of date of hire or return.
20.2.4 F. The revocable written authorization Board shall remain in effect until expressly revoked in writing by the employee, pursuant to the terms of the written authorization.
20.2.5 Employees wishing to cancel, revoke and/or submit their Federation membership or dues deduction authorization will be referred to the Federation. The only actions to be taken by the District if an employee approaches it regarding authorizing, changing or cancelling dues also make payroll deductions will be to direct the employee to the Federation by notifying the Federation in writing of such issues.
20.2.6 Upon appropriate upon written authorization from the employee, the District shall deduct from the salary of any employee and make appropriate remittance teachers for Committee on Political Education (COPE)annuities, credit union, savings bonds, charitable donations, or any other plans or programs jointly approved by the DistrictAssociation and the Board.
20.2.7 G. The Federation agrees to Association shall indemnify and hold harmless save the DistrictCaro Community Schools, its Board of Education, individual Board members, and each member of the management employees harmless against and from any and all costsclaims, lossesdemands, suits, or damages because other forms of civil liability that may arise out of or other by reason of action arising taken by the Board for the purpose of complying with the Association security/agency shop provision of this Article. The Association shall, when any of the aforementioned is sued individually or jointly, make available competent legal counsel for such defense at the expense of the Association and the Michigan and National Education Associations. The Association shall have the right to negotiate a settlement with any bargaining unit member who challenges the Association's security/agency shop provisions under this Article.
H. The Caro Board of Education is authorized to make deductions from the administration and implementation of these provisionsa teacher's payroll check if an overpayment is made. Any clerical errors The teacher will be corrected by notified in advance and the party making amount of the error, with the provision that if any such dues are deducted from the pay of any employee and remitted deduction will be equal to the Federationamount per check of the overpayment. The deductions will be made for the same number of pays over which the overpayments were made. In the event that a teacher's employment is to cease prior to the recouping of 100% of the overpayment, the superintendent may adjust the repayment schedule to insure reimbursement. Deviations from this language may occur with mutual agreement of the superintendent and the employee does not owe same, the Federation shall refund the same to the employee and the District shall not be liable for any refund. The Federation agrees to furnish any information needed by the District to fulfill these provisionsteacher involved.
Appears in 1 contract
Samples: Professional Negotiations Agreement
PROFESSIONAL DUES OR FEES AND PAYROLL DEDUCTIONS. 20.1 A. Each bargaining unit member shall, as a condition of employment, on or before thirty (30) calendar days from the date of commencement of duties or the effective date of this Agreement, whichever is later, join the Association or pay a Service Fee to the Association equivalent to the amount of dues uniformly required of the members of the Association, less any amounts not permitted by law. The District bargaining unit member may authorize payroll deduction for such fee. In the event the bargaining unit member shall not pay such Service Fee directly to the Association or authorize payment through payroll deduction the employer shall, pursuant to MCLA 408.477, MSA 17.277 (7) and at the request of the Association deduct the service fee from the bargaining unit member's wages and remit same to the Association under the procedure provided below. Such moneys shall be remitted to the Association or its designee no later than twenty (20) calendar days following deduction. The procedure in all cases of non-payment of the service fee shall be as follows:
1. The Association shall notify the bargaining unit member of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) calendar days for compliance, and shall further advise the recipient that a request for wage deduction may be filed with the Board in the event compliance is not effected.
2. If the bargaining unit member fails to remit the service fee or authorize deduction for same, the Association may request the Board to make such deduction pursuant to paragraph A above.
3. The Board, upon receipt of request for involuntary deduction, shall provide the bargaining unit member with an opportunity for a due process hearing limited to the question of whether or not the member has remitted the service fee to the Association or authorized payroll deduction for same.
4. Payroll deductions made pursuant to the procedure outlined above shall be made in equal amounts as nearly as may be from the paychecks of the bargaining unit member so affected.
B. Pursuant to Chicago Teachers Union V Xxxxxx 106 S Ct 1066 (1986), the Association has established a policy regarding "Objections to Political Ideological Expenditures-Administrative Procedures". That Policy, and the Federation recognize administrative procedures (including the right of employees timetable for payment) pursuant thereto, applies only to form, joinnon-Association bargaining unit members. The remedies set forth in that Policy shall be exclusive, and participate unless and until such procedures (including any administrative or judicial review thereof) shall have been availed of and exhausted, no dispute, claim or complaint by such objecting bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in lawful activities this Agreement.
C. Due to certain requirements established in recent court decisions, the Association represents that the amount of employee organizations the fee charged to non-members, along with other required information, may not be available and transmitted to non-members until mid school year (December, January, or February). Consequently, the equal alternative right of employees parties agree that the procedures in this Article relating to refuse to form, join, and participate in employee organizations. Neither party shall exert pressure on or discriminate against any employee for exercising nor not exercising the membership, participation or organizational activities rights guaranteed herein or for membership payment or non-membership in payment of the Federationrepresentation fee by non-members shall be activated thirty (30) calendar days following the Association's notification to non-members of the fee for that given school year.
20.2 D. The District shall deduct from the pay of Federation members and pay Association will certify at least annually to the Federation District, fifteen (15) calendar days prior to the normal date of the first payroll deduction for professional fees and regular monthly Federation membership dues as voluntarily authorized electronically or in writing at least fifteen (15) calendar days prior to the date of the first payroll deduction for service fees, the amount of said professional fees and the amount of service fee to be deducted by the employee on the District form subject to the following conditions:
20.2.1 Such deduction shall be made upon submission of the electronic or printed membership form to the District Payroll DepartmentDistrict, duly completed and executed that said service fee includes only those amounts permitted by the employee.
20.2.2 The District shall not be obligated Agreement and by law. Further the Association agrees to implement any new Federation monthly dues deduction until the pay period commencing not less than 30 workdays after such submission.
20.2.3 The District shall, on a monthly basis, draw its order upon the funds of timely notify the District in favor the event a Court order is entered restraining the Association from implementing its policy regarding objections to political- ideological expenditures. If as a result of notice that such an order has been entered, the Federation for an amount equal District intends to suspend involuntary wage deductions under this Article, it shall give timely notice to the total Association.
E. The deduction of membership dues and agency fees shall be as nearly as possible an equal amount to be deducted from twenty (20) consecutive pays beginning the dues deduction made during first pay in September. The Board agrees to promptly remit to the month and shall furnish the Federation Association all monies so deducted accompanied by a list of all employees affectedteachers from whom the deductions have been made. Provided, together with it shall be the amount deducted responsibility of the Association to annually update the roster of individuals for eachwhom membership or agency fee deductions are to be made, not later than two (2) weeks prior to the second payroll date in September. Changes in the roster due to staff employed after the opening of the school year shall be forwarded to the Board within thirty (30) days of date of hire or return.
20.2.4 F. The revocable written authorization Board shall remain in effect until expressly revoked in writing by the employee, pursuant to the terms of the written authorization.
20.2.5 Employees wishing to cancel, revoke and/or submit their Federation membership or dues deduction authorization will be referred to the Federation. The only actions to be taken by the District if an employee approaches it regarding authorizing, changing or cancelling dues also make payroll deductions will be to direct the employee to the Federation by notifying the Federation in writing of such issues.
20.2.6 Upon appropriate upon written authorization from the employee, the District shall deduct from the salary of any employee and make appropriate remittance teachers for Committee on Political Education (COPE)annuities, credit union, savings bonds, charitable donations, or any other plans or programs jointly approved by the District.Association and the Board. (moved from Article 6)
20.2.7 G. The Federation agrees to Association shall indemnify and hold harmless save the DistrictCaro Community Schools, its Board of Education, individual Board members, and each member of the management employees harmless against and from any and all costsclaims, lossesdemands, suits, or damages because other forms of civil liability that may arise out of or other by reason of action arising taken by the Board for the purpose of complying with the Association security/agency shop provision of this Article. The Association shall, when any of the aforementioned is sued individually or jointly, make available competent legal counsel for such defense at the expense of the Association and the Michigan and National Education Associations. The Association shall have the right to negotiate a settlement with any bargaining unit member who challenges the Association's security/agency shop provisions under this Article.
H. The Caro Board of Education is authorized to make deductions from the administration and implementation of these provisionsa teacher’s payroll check if an overpayment is made. Any clerical errors The teacher will be corrected by notified in advance and the party making amount of the error, with the provision that if any such dues are deducted from the pay of any employee and remitted deduction will be equal to the Federationamount per check of the overpayment. The deductions will be made for the same number of pays over which the overpayments were made. In the event that a teacher’s employment is to cease prior to the recouping of 100% of the overpayment, the superintendent may adjust the repayment schedule to insure reimbursement. Deviations from this language may occur with mutual agreement of the superintendent and the employee does not owe same, the Federation shall refund the same to the employee and the District shall not be liable for any refund. The Federation agrees to furnish any information needed by the District to fulfill these provisionsteacher involved.
Appears in 1 contract
Samples: Professional Negotiations Agreement
PROFESSIONAL DUES OR FEES AND PAYROLL DEDUCTIONS. 20.1 The District and the Federation recognize the right of employees to form, join, and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join, and participate in employee organizations. Neither party shall exert pressure on or discriminate against any employee for exercising nor not exercising the membership, participation or organizational activities rights guaranteed herein or for membership or non-non- membership in the Federation.
20.2 The District shall deduct from the pay of Federation members and pay to the Federation the normal and regular monthly Federation membership dues as voluntarily authorized electronically or in writing by the employee on the District form subject to the following conditions:
20.2.1 Such deduction shall be made only upon submission of the electronic or printed membership District form to the District Payroll Department, duly completed and executed by the employee.
20.2.2 The District shall not be obligated to implement any new Federation monthly dues deduction until the pay period commencing not less than 30 workdays after such submission.
20.2.3 The District shall, on a monthly basis, draw its order upon the funds of the District in favor of the Federation for an amount equal to the total of the dues deduction made during the month and shall furnish the Federation a list of all employees affected, together with the amount deducted for each.
20.2.4 The revocable written An employee may terminate Federation membership or voluntary dues deduction authorization shall remain in effect until expressly revoked in writing by the employeeat any time, pursuant but will still be subject to the terms service fee provisions of 20.3. Said deduction cancellation shall be effective on the pay period commencing 30 workdays after written authorizationsubmission.
20.2.5 Employees wishing to cancel, revoke and/or submit their Federation membership or dues deduction authorization will be referred to the Federation. The only actions to be taken by the District if an employee approaches it regarding authorizing, changing or cancelling dues deductions will be to direct the employee to the Federation by notifying the Federation in writing of such issues.
20.2.6 Upon appropriate written authorization from the employee, the District shall deduct from the salary of any employee and make appropriate remittance for Committee on Political Education (COPE), credit union, savings bonds, charitable donations, or any other plans or programs approved by the District.
20.2.7 20.2.6 The Federation agrees to indemnify and hold harmless the District, its members, and each member of the management against any and all costs, losses, or damages because of civil or other action arising from the administration and implementation of these provisions. Any clerical errors will be corrected by the party making the error, with the provision that if any such dues are deducted from the pay of any employee and remitted to the Federation, and the employee does not owe same, the Federation shall refund the same to the employee and the District shall not be liable for any refund. The Federation agrees to furnish any information needed by the District to fulfill these provisions.
Appears in 1 contract
Samples: Collective Bargaining Agreement
PROFESSIONAL DUES OR FEES AND PAYROLL DEDUCTIONS. 20.1 The District and 5.1 Any member of the Federation recognize bargaining unit who is a member of the right of employees to formPittsburg Education Association, joinCTA/NEA (“Association”), and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join, and participate in employee organizations. Neither party shall exert pressure on or discriminate against any employee who has applied for exercising nor not exercising the membership, participation or organizational activities rights guaranteed herein or for must sign and deliver to the Association an assignment authorizing deduction of unified membership or non-membership dues, initiation fees and general assessment in the Federation.
20.2 Association. Upon notification by the Association that is possesses a valid authorization for the deduction of Association membership dues from a particular unit member. The District shall deduct one tenth (1/10) of such dues from the pay regular salary check of Federation the member of the member each month for ten (10) months. Deductions for members and pay of the bargaining unit who sign such authorization after the commencement of the school year shall be appropriately pro-rated to the Federation the normal and regular monthly Federation membership dues as voluntarily authorized electronically or in writing complete payments by the employee on the District form subject to the following conditions:
20.2.1 Such deduction shall be made upon submission end of the electronic or printed membership form to the District Payroll Department, duly completed and executed by the employee.school year. The parties agree that Section 45060 of the
20.2.2 5.1.1 The District shall not be obligated to implement put into effect any new Federation monthly dues new, changed or discontinued deduction until the pay period commencing not less than 30 workdays fifteen (15) days or longer after such submission.
20.2.3 5.1.2 The District shallshall provide each new bargaining unit certificated employee a membership application for PEA/CTA/NEA as a part of their beginning employment materials.
5.2 In the event a unit member seeks to discontinue his/her membership in the Association, on a monthly basis, draw its order upon the funds of unit member shall do so through the procedure established by the Association. The Association shall provide the information necessary to the District in favor of writing to cease deductions for any unit member who discontinues his/her membership, which is the Federation for an amount equal information the District shall rely upon to the total of the dues deduction made during the month and shall furnish the Federation a list of all employees affected, together with the amount deducted for eachcease deductions.
20.2.4 The revocable written authorization shall remain in effect until expressly revoked in writing by the employee, pursuant 5.3 With respect to the terms of the written authorization.
20.2.5 Employees wishing to cancel, revoke and/or submit their Federation membership or dues deduction authorization will be referred to the Federation. The only actions to be taken all sums deducted by the District if an employee approaches it regarding authorizingpursuant to paragraph 5.1 above, changing or cancelling dues deductions will be the District agrees to direct the employee promptly remit such monies to the Federation Association accompanied by notifying an alphabetical list of employees for whom such deductions have been made, and indicating any changes in personnel from the Federation in writing of such issueslist previously furnished.
20.2.6 5.4 The Association agrees to furnish any reasonable and necessary information needed by the District to fulfill the provisions of this Article. If there is a dispute by a member regarding dues being processed, the Association and the District shall meet to determine how the issues shall be resolved based on Education Code 45060. This provision does not preclude the district or the union from taking any other action it deems appropriate.
5.5 Upon appropriate written authorization from the certificated employee, the District shall deduct from the salary of any employee certificated employee, and make appropriate remittance for Committee on Political Education (COPE)annuities, credit union, savings bonds, charitable donations, or any other plans or programs jointly approved by the Association and the District.
20.2.7 The Federation agrees to indemnify and hold harmless the District, its members, and each member of the management against any and all costs, losses, or damages because of civil or other action arising from the administration and implementation of these provisions. Any clerical errors will be corrected by the party making the error, with the provision that if any such dues are deducted from the pay of any employee and remitted to the Federation, and the employee does not owe same, the Federation shall refund the same to the employee and the District shall not be liable for any refund. The Federation agrees to furnish any information needed by the District to fulfill these provisions.
Appears in 1 contract
Samples: Master Agreement
PROFESSIONAL DUES OR FEES AND PAYROLL DEDUCTIONS. 20.1 The District and Any bargaining unit member who is a member of the Federation recognize the right of employees to form, join, and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join, and participate in employee organizations. Neither party shall exert pressure on or discriminate against any employee CSEA Chapter #152 who has applied for exercising nor not exercising the membership, participation or organizational activities rights guaranteed herein or for membership or non-membership in the Federation.
20.2 The District shall deduct from the pay of Federation members may sign and pay to the Federation the normal and regular monthly Federation membership dues as voluntarily authorized electronically or in writing by the employee on the District form subject to the following conditions:
20.2.1 Such deduction shall be made upon submission of the electronic or printed membership form deliver to the District Payroll Departmentan assignment authorizing deduction of unified membership dues, duly completed initiation fees and executed by the employee.
20.2.2 The District shall not general assessments, to be obligated to implement any new Federation monthly dues deduction until the pay period commencing not less than 30 workdays after such submission.
20.2.3 The District shall, on a monthly basis, draw its order upon the funds of the District in favor of the Federation for an amount equal paid to the total of the dues deduction made during the month and shall furnish the Federation a list of all employees affected, together with the amount deducted for each.
20.2.4 The revocable written authorization shall remain in effect until expressly revoked in writing by the employee, Association pursuant to the terms of the written CSEA Resolution #4. Pursuant to such authorization.
20.2.5 Employees wishing to cancel, revoke and/or submit their Federation membership or dues deduction authorization will be referred to the Federation. The only actions to be taken by the District if an employee approaches it regarding authorizing, changing or cancelling dues deductions will be to direct the employee to the Federation by notifying the Federation in writing of such issues.
20.2.6 Upon appropriate written authorization from the employee, the District shall deduct such dues from the salary warrant of any employee and make appropriate remittance the unit member each month for Committee on Political Education ten (COPE), credit union, savings bonds, charitable donations, or any other plans or programs approved by 10) months. Deductions for unit members who sign such authorization after the Districtcommencement of the school year shall be appropriately pro-rated.
20.2.7 The Federation agrees to indemnify and hold harmless 20.2 Any unit member who does not make application for membership within thirty (30) days from the Districtdate of commencement of assigned duties within the bargaining unit, its members, and each shall become a member of the management against any Association or pay to the Association a fee in an amount equal to unified membership dues, initiation fees and all costsgeneral assessments, lossespayable to the Association in one lump-sum cash payment in the same manner as required for the payment of membership dues; provided, however, that the unit member may authorize payroll deduction for such fee in the same manner as provided in paragraph 20.1 of this Article. In the event that a unit member shall not pay such fee directly to the Association, or damages because of civil or other action arising from the administration and implementation of these provisions. Any clerical errors will be corrected by the party making the error, with the provision that if any such dues are deducted from the pay of any employee and remitted to the Federation, and the employee does not owe sameauthorize payment through payroll deductions as provided in paragraph 20.1, the Federation Association shall refund so inform the same to the employee District and the District shall immediately begin automatic payroll deduction as provided in Education Code Section 45601 and in the same manner as set forth in Section 20.1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions.
20.3 Any unit member 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 liable required to join or financially support CSEA as a condition of employment; except that such unit member shall pay, in lieu of a service fee, sums equal to 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:
20.3.1 California School Employees Association Scholarship Fund
20.3.2 American Cancer Society Such payments shall be made on or before October 31 of each school year, or tenthly by payroll deduction.
20.4 Proof of payment and written statement of objection, along with evidence of membership in a religious body whose traditional tenets or teachings object to joining or financially supporting employee organizations, pursuant to Section 20.3 above, shall be made on an annual basis to the Association and the District as a condition of continued exemption from the provisions of Sections 20.1 and 20.2 above. Proof of payment shall be made 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.
20.5 With respect to all sums deducted by the District pursuant to paragraphs above, whether for membership dues or agency fee, the District agree to promptly remit such monies to the Association at its membership processing office, San Jose, California, accompanied by an alphabetical list of unit members for whom deductions have been made, indicating any refund. The Federation additions or corrections from the previous listing.
20.6 CSEA agrees to furnish any information needed by the District to fulfill these provisionsthe provisions of this Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement