Common use of Protest Procedure and Escrow Provisions Clause in Contracts

Protest Procedure and Escrow Provisions. 1. Any employee who is obligated to pay a representation fee as described herein, shall have the right to protest and dissent from the amount of the representation fee, including the method of the assessment of the fee; the manner in which the representation fee was determined; the calculations involved; and the financial information upon which the representation fee was based. Such protests shall be handled exclusively in the manner herein. a. Within thirty (30) days after the cause or reason for any protest shall occur, the affected employee, for himself or herself shall file a written statement of protest with the Association and Board, in identical duplicate copies. A letter stating the employee’s grounds for objection shall be sufficient. However, any objection not filed within thirty (30) days shall be deemed to have been waived as not timely filed. Any objection to the amount of computation of the fee in any school year must be filed within thirty (30) days after notice of that fee. b. A dissenting employee timely filing his or her own written objection shall be entitled to have his or her protest expeditiously resolved by an impartial arbitrator. The impartial arbitrator shall be selected by the Association and the employee and the dispute resolved as follows: 1) The employee shall file his or her protest in writing with the Association and the Board within thirty (30) days after receiving notice of the representation fee. The protesting employee shall state the basis for the protest. The written protest may be sent via certified mail, registered mail, or hand delivered to both the Association and the Board. 2) The Association may answer the objections of all employees in a single written response, but such response shall be placed in either the interdepartmental mail or regular mail within thirty (30) days after the objections period that is referred to in section G1a of this Addendum has expired. 3) If no resolution is reached, the Association will request the Federal Mediation and Conciliation Service to provide a list of seven (7) arbitrators who are each members of the National Academy of Arbitrators. The selection of the arbitrator will be made by alternate strikes from the list furnished by FMCS until one name remains who shall be the arbitrator to hear and determine the objections of all employees who file timely written protests. The employees shall have the right to exercise the first strike. However, if the objecting employees cannot agree on a single spokesperson to strike for an arbitrator, then the Association may request either the Director of the Federal Mediation and Conciliation Service or the Director of the Maryland State Mediation Service to assist in selecting an arbitrator, either by striking for an arbitrator or by choosing one name off of the list of seven provided by the FMCS. 4) The protesting employees and the Association shall each be solely responsible for their own attorney’s fees and other representation costs and shall equally split all arbitration related costs. 5) The arbitration shall consolidate the objections of all employees and shall issue one opinion to determine their claims. To the extent permitted by law, the decision of the arbitration shall be final and binding on all protesting employees and the Association. 6) The arbitrator shall be limited in authority to rule upon the issue or issues stated in the written protest submitted by the protesting employee. The arbitration may refer to and rely on existing legal authority on agency or representation fees outside of the Addendum when ruling on the amount of the fee. 2. Written notice of protest by an employee shall not relieve him or her of the obligation to pay the representation fee. However, immediately upon receipt of the notice of protest, the Association shall place the amount of the protesting employee’s representation fee which is in dispute in an escrow fund, and shall continue to place the challenged portion of representation fee in escrow until the protest is resolve. The Association shall be obligated only to so segregate the funds of protesting employees. 3. The fund shall be maintained by the Association at an independent bank or trust company and the agreement therefore shall provide that the escrow account be interest bearing. The Association shall not invade the fund until the receipt of the opinion of the arbitrator, and then only in accordance with that decision. 4. The Association shall furnish protesting employees with verification of the terms of the escrow arrangement and, on reasonable request, the status of the fund as reported by the bank. 5. When issuing a decision and award, the arbitrator shall determine the disbursement of the disputed representation fee held in escrow and the Association shall not release the funds to its general account or to a protesting employee except by direction of an arbitrator or by mutual agreement of the Association and the protesting employees.

Protest Procedure and Escrow Provisions. 1. A. Any employee who is obligated to pay a representation fee as described herein, shall have the right to protest and dissent from the amount of the representation fee, including the method of the assessment of the fee; the manner in which the representation fee was determined; the calculations involved; and the financial information upon which the representation fee was based. Such protests shall be handled exclusively in the manner herein. a. B. Within thirty (30) days after the cause or reason for any protest shall occur, the affected employee, for himself or herself shall file a written statement of protest with the Association Union and Board, in identical duplicate copies. A letter stating the employee’s 's grounds for objection shall be sufficient. However, any objection not filed within thirty (30) days shall be deemed to have been waived as not timely filed. Any objection to the amount of computation of the fee in any school year must be filed within thirty (30) days after notice of that fee, as provided in Article II, Section 2.15 (C) of this Agreement, and in paragraph 2 of this Addendum, is distributed. b. C. A dissenting employee timely filing his or her own written objection shall be entitled to have his or her protest expeditiously resolved by an impartial arbitrator. The impartial arbitrator shall be selected by the Association Union and the employee and the dispute resolved as follows: (1) The employee shall file his or her protest in writing with the Association Union and the Board within thirty (30) days after receiving notice of the representation fee. The protesting employee shall state the basis for the protest. The written protest may be sent via certified mail, mail or registered mail, or hand delivered delivered, to both the Association Union and the Board. (2) The Association Union may answer the objections of all employees in a single written response, but such response shall be placed in either the interdepartmental mail or regular mail within thirty (30) days after the objections period that is referred to in section G1a paragraph 7.B. of this Addendum has expired. (3) If no resolution is reached, the Association Union will request the Federal Mediation and Conciliation Service to provide a list of seven (7) arbitrators who are each members of the National Academy of Arbitrators. The selection of the arbitrator will be made by alternate strikes from the list furnished by FMCS until one name remains who shall be the arbitrator to hear and determine the objections of all employees who file timely written protests. The employees shall have the right to exercise the first strike. However, if the objecting employees cannot agree on a single spokesperson to strike for an arbitrator, then the Association Union may request either the Director of the Federal Mediation and Conciliation Service or the Director of the Maryland State Mediation Service to assist in selecting an arbitrator, either by striking for an arbitrator or by choosing one name off of the list of seven provided by the FMCS. (4) The protesting employees and the Association Union shall each be solely responsible for their own attorney’s 's fees and other representation costs and shall equally split all arbitration related costs. (5) The arbitration arbitrator shall consolidate the objections of all employees and shall issue one opinion to determine their claims. To the extent permitted by law, the decision of the arbitration arbitrator shall be final and binding on all protesting employees and the AssociationUnion. (6) The arbitrator shall be limited in authority to rule upon the issue or issues stated in the written protest submitted by the protesting employee. The arbitration arbitrator may refer to and rely on existing legal authority on agency or representation fees outside of the Addendum Agreement when ruling on the amount of the fee. 2. D. Written notice of protest by an employee shall not relieve him or her of the obligation to pay the representation fee. However, immediately upon receipt of the notice of protest, the Association Union shall place the amount of the protesting employee’s 's representation fee which is in dispute in an escrow fund, fund and shall continue to place the challenged portion of representation fee in escrow until the protest is resolveresolved. The Association Union shall be obligated only to so segregate the funds of protesting employees. 3. E. The fund shall be maintained by the Association Union at an independent bank or trust company and the agreement therefore shall provide that the escrow account be interest bearing. The Association Union shall not invade the fund until the receipt of the opinion of the arbitrator, ; and then only in accordance with that decision. 4. The Association shall furnish protesting employees with verification of the terms of the escrow arrangement and, on reasonable request, the status of the fund as reported by the bank. 5. When issuing a decision and award, the arbitrator shall determine the disbursement of the disputed representation fee held in escrow and the Association shall not release the funds to its general account or to a protesting employee except by direction of an arbitrator or by mutual agreement of the Association and the protesting employees.

Protest Procedure and Escrow Provisions. 1. A. Any employee who is obligated to pay a representation fee as described herein, shall have the right to protest and dissent from the amount of the representation fee, including the method of the assessment of the fee; the manner in which the representation fee was determined; the calculations involved; and the financial information upon which the representation fee was based. Such protests shall be handled exclusively in the manner herein. a. B. Within thirty (30) days after the cause or reason for any protest shall occur, the affected employee, for himself or herself shall file a written statement of protest with the Association Union and Board, in identical duplicate copies. A letter stating the employee’s 's grounds for objection shall be sufficient. However, any objection not filed within thirty (30) days shall be deemed to have been waived as not timely filed. Any objection to the amount of computation of the fee in any school year must be filed within thirty (30) days after notice of that fee, as provided in Article III of this Agreement, and in paragraph 2 of this Addendum, is distributed. b. C. A dissenting employee timely filing his or her own written objection shall be entitled to have his or her protest expeditiously resolved by an impartial arbitrator. The impartial arbitrator shall be selected by the Association Union and the employee and the dispute resolved as follows: (1) The employee shall file his or her protest in writing with the Association Union and the Board within thirty (30) days after receiving notice of the representation fee. The protesting employee shall state the basis for the protest. The written protest may be sent via certified mail, mail or registered mail, or hand delivered delivered, to both the Association Union and the Board. (2) The Association Union may answer the objections of all employees in a single written response, but such response shall be placed in either the interdepartmental mail or regular mail within thirty (30) days after the objections period that is referred to in section G1a paragraph 7.B. of this Addendum has expired. (3) If no resolution is reached, the Association Union will request the Federal Mediation and Conciliation Service to provide a list of seven (7) arbitrators who are each members of the National Academy of Arbitrators. The selection of the arbitrator will be made by alternate strikes from the list furnished by FMCS until one name remains who shall be the arbitrator to hear and determine the objections of all employees who file timely written protests. The employees shall have the right to exercise the first strike. However, if the objecting employees cannot agree on a single spokesperson to strike for an arbitrator, then the Association Union may request either the Director of the Federal Mediation and Conciliation Service or the Director of the Maryland State Mediation Service to assist in selecting an arbitrator, either by striking for an arbitrator or by choosing one name off of the list of seven provided by the FMCS. (4) The protesting employees and the Association Union shall each be solely responsible for their own attorney’s 's fees and other representation costs and shall equally split all arbitration related costs. (5) The arbitration arbitrator shall consolidate the objections of all employees and shall issue one opinion to determine their claims. To the extent permitted by law, the decision of the arbitration arbitrator shall be final and binding on all protesting employees and the AssociationUnion. (6) The arbitrator shall be limited in authority to rule upon the issue or issues stated in the written protest submitted by the protesting employee. The arbitration arbitrator may refer to and rely on existing legal authority on agency or representation fees outside of the Addendum Agreement when ruling on the amount of the fee. 2. D. Written notice of protest by an employee shall not relieve him or her of the obligation to pay the representation fee. However, immediately upon receipt of the notice of protest, the Association Union shall place the amount of the protesting employee’s 's representation fee which is in dispute in an escrow fund, fund and shall continue to place the challenged portion of representation fee in escrow until the protest is resolveresolved. The Association Union shall be obligated only to so segregate the funds of protesting employees. 3. E. The fund shall be maintained by the Association Union at an independent bank or trust company and the agreement therefore shall provide that the escrow account be interest bearing. The Association Union shall not invade the fund until the receipt of the opinion of the arbitrator, ; and then only in accordance with that decision. 4. F. The Association Union shall furnish protesting employees with verification of the terms of the escrow arrangement and, on reasonable request, the status of the fund as reported by the bank. 5. G. When issuing a decision and award, the arbitrator shall determine the disbursement of the disputed representation fee held in escrow and the Association Union shall not release the funds to its general account or to a protesting employee except by direction of an arbitrator or by mutual agreement of the Association Union and the protesting employees.

Protest Procedure and Escrow Provisions. 1. A. Any employee who is obligated to pay a representation fee as described herein, shall have the right to protest and dissent from the amount of the representation fee, including the method of the assessment of the fee; the manner in which the representation fee was determined; the calculations involved; and the financial information upon which the representation fee was based. Such protests shall be handled exclusively in the manner herein. a. B. Within thirty (30) days after the cause or reason for any protest shall occur, the affected employee, for himself or herself shall file a written statement of protest with the Association Union and Board, in identical duplicate copies. A letter stating the employee’s 's grounds for objection shall be sufficient. However, any objection not filed within thirty (30) days shall be deemed to have been waived as not timely filed. Any objection to the amount of computation of the fee in any school year must be filed within thirty (30) days after notice of that fee, as provided in Article II, Section 2.15 (C) of this Agreement, and in paragraph 2 of this Addendum, is distributed. b. C. A dissenting employee timely filing his or her own written objection shall be entitled to have his or her protest expeditiously resolved by an impartial arbitrator. The impartial arbitrator shall be selected by the Association Union and the employee and the dispute resolved as follows: (1) The employee shall file his or her protest in writing with the Association Union and the Board within thirty (30) days after receiving notice of the representation fee. The protesting employee shall state the basis for the protest. The written protest may be sent via certified mail, mail or registered mail, or hand delivered delivered, to both the Association Union and the Board. (2) The Association Union may answer the objections of all employees in a single written response, but such response shall be placed in either the interdepartmental mail or regular mail within thirty (30) days after the objections period that is referred to in section G1a paragraph 7.B. of this Addendum has expired. (3) If no resolution is reached, the Association Union will request the Federal Mediation and Conciliation Service to provide a list of seven (7) arbitrators who are each members of the National Academy of Arbitrators. The selection of the arbitrator will be made by alternate strikes from the list furnished by FMCS until one name remains who shall be the arbitrator to hear and determine the objections of all employees who file timely written protests. The employees shall have the right to exercise the first strike. However, if the objecting employees cannot agree on a single spokesperson to strike for an arbitrator, then the Association Union may request either the Director of the Federal Mediation and Conciliation Service or the Director of the Maryland State Mediation Service to assist in selecting an arbitrator, either by striking for an arbitrator or by choosing one name off of the list of seven provided by the FMCS. (4) The protesting employees and the Association Union shall each be solely responsible for their own attorney’s 's fees and other representation costs and shall equally split all arbitration related costs. (5) The arbitration arbitrator shall consolidate the objections of all employees and shall issue one opinion to determine their claims. To the extent permitted by law, the decision of the arbitration arbitrator shall be final and binding on all protesting employees and the AssociationUnion. (6) The arbitrator shall be limited in authority to rule upon the issue or issues stated in the written protest submitted by the protesting employee. The arbitration arbitrator may refer to and rely on existing legal authority on agency or representation fees outside of the Addendum Agreement when ruling on the amount of the fee. 2. D. Written notice of protest by an employee shall not relieve him or her of the obligation to pay the representation fee. However, immediately upon receipt of the notice of protest, the Association Union shall place the amount of the protesting employee’s 's representation fee which is in dispute in an escrow fund, fund and shall continue to place the challenged portion of representation fee in escrow until the protest is resolveresolved. The Association Union shall be obligated only to so segregate the funds of protesting employees. 3. E. The fund shall be maintained by the Association Union at an independent bank or trust company and the agreement therefore shall provide that the escrow account be interest bearing. The Association Union shall not invade the fund until the receipt of the opinion of the arbitrator, ; and then only in accordance with that decision. 4. F. The Association Union shall furnish protesting employees with verification of the terms of the escrow arrangement and, on reasonable request, the status of the fund as reported by the bank. 5. G. When issuing a decision and award, the arbitrator shall determine the disbursement of the disputed representation fee held in escrow and the Association Union shall not release the funds to its general account or to a protesting employee except by direction of an arbitrator or by mutual agreement of the Association Union and the protesting employees.. Article 18.20 shall be amended to read as follows:

Protest Procedure and Escrow Provisions. 1. A. Any employee who is obligated to pay a representation fee as described herein, shall have the right to protest and dissent from the amount of the representation fee, including the method of the assessment of the fee; the manner in which the representation fee was determined; the calculations involved; and the financial information upon which the representation fee was based. Such protests shall be handled exclusively in the manner herein. a. B. Within thirty (30) days after the cause or reason for any protest shall occur, the affected employee, for himself or herself shall file a written statement of protest with the Association Union and Board, in identical duplicate copies. A letter stating the employee’s 's grounds for objection shall be sufficient. However, any objection not filed within thirty (30) days shall be deemed to have been waived as not timely filed. Any objection to the amount of computation of the fee in any school year must be filed within thirty (30) days after notice of that fee, as provided in Article III of this Agreement, and in paragraph 2 of this Addendum, is distributed. b. C. A dissenting employee timely filing his or her own written objection shall be entitled to have his or her protest expeditiously resolved by an impartial arbitrator. The impartial arbitrator shall be selected by the Association Union and the employee and the dispute resolved as follows: (1) The employee shall file his or her protest in writing with the Association Union and the Board within thirty (30) days after receiving notice of the representation fee. The protesting employee shall state the basis for the protest. The written protest may be sent via certified mail, mail or registered mail, or hand delivered delivered, to both the Association Union and the Board. (2) The Association Union may answer the objections of all employees in a single written response, but such response shall be placed in either the interdepartmental mail or regular mail within thirty (30) days after the objections period that is referred to in section G1a paragraph 7.B. of this Addendum has expired. (3) If no resolution is reached, the Association Union will request the Federal Mediation and Conciliation Service to provide a list of seven (7) arbitrators who are each members of the National Academy of Arbitrators. The selection of the arbitrator will be made by alternate strikes from the list furnished by FMCS until one name remains who shall be the arbitrator to hear and determine the objections of all employees who file timely written protests. The employees shall have the right to exercise the first strike. However, if the objecting employees cannot agree on a single spokesperson to strike for an arbitrator, then the Association Union may request either the Director of the Federal Mediation and Conciliation Service or the Director of the Maryland State Mediation Service to assist in selecting an arbitrator, either by striking for an arbitrator or by choosing one name off of the list of seven provided by the FMCS. (4) The protesting employees and the Association Union shall each be solely responsible for their own attorney’s 's fees and other representation costs and shall equally split all arbitration related costs. (5) The arbitration arbitrator shall consolidate the objections of all employees and shall issue one opinion to determine their claims. To the extent permitted by law, the decision of the arbitration arbitrator shall be final and binding on all protesting employees and the AssociationUnion. (6) The arbitrator shall be limited in authority to rule upon the issue or issues stated in the written protest submitted by the protesting employee. The arbitration arbitrator may refer to and rely on existing legal authority on agency or representation fees outside of the Addendum Agreement when ruling on the amount of the fee. 2. D. Written notice of protest by an employee shall not relieve him or her of the obligation to pay the representation fee. However, immediately upon receipt of the notice of protest, the Association Union shall place the amount of the protesting employee’s 's representation fee which is in dispute in an escrow fund, fund and shall continue to place the challenged portion of representation fee in escrow until the protest is resolveresolved. The Association Union shall be obligated only to so segregate the funds of protesting employees. 3. E. The fund shall be maintained by the Association Union at an independent bank or trust company and the agreement therefore shall provide that the escrow account be interest bearing. The Association Union shall not invade the fund until the receipt of the opinion of the arbitrator, ; and then only in accordance with that decision. 4. F. The Association Union shall furnish protesting employees with verification of the terms of the escrow arrangement and, on reasonable request, the status of the fund as reported by the bank. 5. G. When issuing a decision and award, the arbitrator shall determine the disbursement of the disputed representation fee held in escrow and the Association Union shall not release the funds to its general account or to a protesting employee except by direction of an arbitrator or by mutual agreement of the Association Union and the protesting employees.. INDEX