Common use of Religious Accommodation Pursuant to Title VII Clause in Contracts

Religious Accommodation Pursuant to Title VII. An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number of the employee. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an Arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreement. If the parties cannot agree to an Arbitrator, then they shall secure a list of seven (7) Arbitrators from FMCS and use the alternative strike method to determine the Arbitrator. The expense of the arbitration shall be borne by the Union. The Arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Union. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with Title

Appears in 7 contracts

Samples: Win, CLC, Win, CLC, The Agreement

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Religious Accommodation Pursuant to Title VII. An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number social security number of the employee. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an Arbitratorarbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreement. If the parties cannot agree to an Arbitratorarbitrator, then they shall secure a list of seven (7) Arbitrators arbitrators from FMCS the Federal Mediation Conciliation Services (FMCS) and use the alternative strike method to determine the Arbitratorarbitrator. The expense of the arbitration shall be borne by the Union. The Arbitrator arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Union. If the Arbitrator arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Union shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Union, and any future dues or fair share fees of the affected employee in compliance with the decision and this Section.

Appears in 7 contracts

Samples: Preamble, Preamble, www.ocsea.org

Religious Accommodation Pursuant to Title VII. An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number social security number of the employee. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an Arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitrator, then they shall secure a list of seven (7) Arbitrators from FMCS and use the alternative strike method to determine the Arbitrator. The expense of the arbitration shall be borne by the Union. The Arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Union. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Union shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Union, and any future dues or fair share fees of the affected employee in compliance with the decision and this section.

Appears in 5 contracts

Samples: Article 1, Article 1 – Agreement, Win, CLC

Religious Accommodation Pursuant to Title VII. An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number of the employeehis/her employee ID number. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an Arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitrator, then they shall secure a list of seven (7) Arbitrators from FMCS and use the alternative strike method to determine the Arbitrator. The expense of the arbitration shall be borne by the Union. The Arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Union. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Union shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Union, and any future dues or fair share fees of the affected employee in compliance with the decision and this section.

Appears in 5 contracts

Samples: – Agreement, Article 1 Agreement, Article 1 Agreement

Religious Accommodation Pursuant to Title VII. An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number of the employee. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an Arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreement. If the parties cannot agree to an Arbitrator, then they shall secure a list of seven (7) Arbitrators from FMCS and use the alternative strike method to determine the Arbitrator. The expense of the arbitration shall be borne by the Union. The Arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Union. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Union shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Union, and any future dues or fair share fees of the affected employee in compliance with the decision and this Section.

Appears in 5 contracts

Samples: Agreement, Win, CLC, Agreement

Religious Accommodation Pursuant to Title VII. An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number social security number of the employee. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an Arbitratorarbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitratorarbitrator, then they shall secure a list of seven (7) Arbitrators arbitrators from FMCS the Federal Mediation Conciliation Services (FMCS) and use the alternative strike method to determine the Arbitratorarbitrator. The expense of the arbitration shall be borne by the Union. The Arbitrator arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Union. If the Arbitrator arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Union shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Union, and any future dues or fair share fees of the affected employee in compliance with the decision and this section.

Appears in 4 contracts

Samples: Preamble, Contract, dam.assets.ohio.gov

Religious Accommodation Pursuant to Title VII. An employee may file notice with the UnionLabor Council, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number social security number of the employee. Upon receipt of said notice, the Union Labor Council shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union Labor Council shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union Labor Council shall mutually agree upon an Arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the UnionLabor Council, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitrator, then they shall secure a list of seven (7) Arbitrators from FMCS and use the alternative strike method to determine the Arbitrator. The expense of the arbitration shall be borne by the UnionLabor Council. The Arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the UnionLabor Council. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Labor Council shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Labor Council, and any future fair share fees of the affected employee in compliance with the decision and this section.

Appears in 2 contracts

Samples: – Agreement, Agreement

Religious Accommodation Pursuant to Title VII. An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number of the employeehis/her employee ID number. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an Arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitrator, then they shall secure a list of seven (7) Arbitrators from FMCS and use the alternative strike method to determine the Arbitrator. The expense of the arbitration shall be borne by the Union. The Arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Union. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Union shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Union, and any future dues or fair share fees of the affected employee in compliance with the decision and this section. Explanation: This language provides a mechanism for employees who object to paying Union dues based on bona fide, sincerely held religious beliefs. Employees must notify the Union, who then must notify OCB. Upon receipt of the Union’s notice, OCB shall inform DAS Payroll, who will continue to withhold the employee’s dues, but will not remit to the Union. Upon completion of the appeal process, the Union shall notify OCB. OCB shall notify DAS Payroll to release the escrowed funds to the Union to be disbursed pursuant to the resolution. The State’s only role in this process is withholding the dues from OCSEA until resolution of the appeal. (Reference: United States of America and Xxxx Xxxxxxxxx v. State of Ohio, et al, Case No. C5-CV-799 United States Equal Employment Opportunity Commission and Xxxx Xxxxxxxxx v. Ohio Civil Service Employees Association, AFSCME, Local 11, AFL-CIO, et al Case No. 05-CV-881) Instructions: Employees should file their objection with OSTA at its central office. Pursuant to the Notice of Settlement below, employees may also file their objections with OCB. OCB will promptly notify the Union. Only after an objection is properly filed will OCB notify DAS Payroll to begin withholding, but not remitting the employee’s dues to the Union. Questions should be referred to OCB. See Notice of Settlement and New Religious Accommodation Procedure at the end of this article. NOTICE OF SETTLEMENT AND OF NEW RELIGIOUS ACCOMMODATION PROCEDURE CONCERNING PAYMENT OF UNION DUES OR FAIR SHARE FEES TO ALL STATE OF OHIO EMPLOYEES WHO HAVE A SINCERE RELIGIOUS OBJECTION TO ASSOCIATING WITH AND/OR FINANCIALLY SUPPORTING A UNION THAT IS A PARTY TO A COLLECTIVE BARGAINING AGREEMENT WITH THE STATE OF OHIO THAT APPLIES TO THEM: PLEASE READ THIS NOTICE CAREFULLY. On August 26, 2005, the United States filed a lawsuit claiming that the State of Ohio (“State”) violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended (“Title VII”) by engaging in religious discrimination against State employees who hold sincere religious objections to associating with and financially supporting a union to which they are required to pay fair share fees pursuant to a collective bargaining agreement between the union and the State, but who are not members and adherents of religions that historically have held conscientious objections to joining or financially supporting unions. On September 23, 2005, the Equal Employment Opportunity Commission (“EEOC”) filed a similar lawsuit against the Ohio Civil Service Employees Association, AFSCME, Local 11, AFL-CIO (“OCSEA”), which subsequently was consolidated with the United States’ lawsuit. The EEOC claimed that OCSEA also violated Title VII by engaging in religious discrimination against State employees who are required to pay it fair share fees, pursuant to a collective bargaining agreement between OCSEA and the State, and who hold sincere religious objections to associating with and financially supporting OCSEA, but who are not members and adherents of religions that historically have held conscientious objections to joining or financially supporting unions.

Appears in 2 contracts

Samples: Agreement, Agreement

Religious Accommodation Pursuant to Title VII. An employee may file notice with the UnionLabor Council, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number of the employeeemployee ID number. Upon receipt of said notice, the Union Labor Council shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union Labor Council shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union Labor Council shall mutually agree upon an Arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the UnionLabor Council, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitrator, then they shall secure a list of seven (7) Arbitrators from FMCS and use the alternative strike method to determine the Arbitrator. The expense of the arbitration shall be borne by the UnionLabor Council. The Arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the UnionLabor Council. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with Title

Appears in 2 contracts

Samples: Agreement, das.ohio.gov

Religious Accommodation Pursuant to Title VII. An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number of the employeehis/her employee ID number. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an Arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitrator, then they shall secure a list of seven (7) Arbitrators from FMCS and use the alternative strike method to determine the Arbitrator. The expense of the arbitration shall be borne by the Union. The Arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Union. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Union shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Union, and any future dues or fair share fees of the affected employee in compliance with the decision and this section.

Appears in 2 contracts

Samples: Contract, das.ohio.gov

Religious Accommodation Pursuant to Title VII. An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number social security number of the employee. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an Arbitratorarbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitratorarbitrator, then they shall secure a list of seven (7) Arbitrators arbitrators from FMCS the Federal Mediation Conciliation Services (FMCS) and use the alternative strike method to determine the Arbitratorarbitrator. The expense of the arbitration shall be borne by the Union. The Arbitrator arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Union. If the Arbitrator arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Union shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Union, and any future dues or fair share fees of the affected employee in compliance with the decision and this section. Explanation: This language provides a mechanism for employees who object to paying union dues based on bona fide, sincerely held religious beliefs. Employees must notify the Union, who then must notify OCB. Upon receipt of the Union‟s notice, OCB shall inform DAS Payroll, who will continue to withhold the employee‟s dues, but will not remit to the union. Upon completion of the appeal process, the Union shall notify OCB. OCB shall notify DAS Payroll to release the escrowed funds to the Union to be disbursed pursuant to the resolution. The State‟s only role in this process is withholding the dues from OCSEA until resolution of the appeal. (Reference: United States of America and Xxxx Xxxxxxxxx v. State of Ohio, et al, Case No. C5-CV-799 United States Equal Employment Opportunity Commission and Xxxx Xxxxxxxxx v. Ohio Civil Service Employees Association, AFSCME, Local 11, AFL-CIO, et al Case No. 05-CV-881) Instructions: Employees must file their objection with OCSEA at its central office. Only after an objection is properly filed and forwarded to OCB will OCB notify DAS Payroll. Questions should be referred to OCB.

Appears in 2 contracts

Samples: das.ohio.gov, das.ohio.gov

Religious Accommodation Pursuant to Title VII. An employee may file notice with the UnionLabor Council, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number social security number of the employee. Upon receipt of said notice, the Union Labor Council shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union Labor Council shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union Labor Council shall mutually agree upon an Arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the UnionLabor Council, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitrator, then they shall secure a list of seven (7) Arbitrators from FMCS and use the alternative strike method to determine the Arbitrator. The expense of the arbitration shall be borne by the UnionLabor Council. The Arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the UnionLabor Council. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Labor Council shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Labor Council, and any future fair share fees of the affected employee in compliance with the decision and this section. Explanation: This language provides a mechanism for employees who object to paying union dues based on bona fide, sincerely held religious beliefs. Employees must notify the Union, who then must notify OCB. Upon receipt of the Union‟s notice, OCB shall inform DAS Payroll, who will continue to withhold the employee‟s biweekly deduction, but will not remit to the Union. Upon completion of the appeal process, the Union shall notify OCB of the resolution. OCB shall notify DAS Payroll to release the withheld funds to be disbursed pursuant to the resolution. The State‟s only role in this process is withholding the biweekly deduction from the FOP until resolution of the appeal and forwarding dues to the appropriate entity upon resolution. (Reference: United States of America and Xxxx Xxxxxxxxx v. State of Ohio, et al, Case No. C5-CV-799 United States Equal Employment Opportunity Commission and Xxxx Xxxxxxxxx v. Ohio Civil Service Employees Association, AFSCME, Local 11, AFL-CIO, et al Case No. 05-CV- 881) Instructions: Employees should file notice of their objection with the FOP at its central office. Only after an objection is properly filed and forwarded to OCB will OCB notify DAS Payroll to begin withholding, but not remitting the employee‟s biweekly deduction. Questions regarding the application of this Section should be referred to OCB.

Appears in 1 contract

Samples: – Agreement

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Religious Accommodation Pursuant to Title VII. An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number of the employeehis/her employee ID number. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an Arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitrator, then they shall secure a list of seven (7) Arbitrators from FMCS and use the alternative strike method to determine the Arbitrator. The expense of the arbitration shall be borne by the Union. The Arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Union. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Union shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Union, and any future dues or fair share fees of the affected employee in compliance with the decision and this section. Explanation: This language provides a mechanism for employees who object to paying Union dues based on bona fide, sincerely held religious beliefs. Employees must notify the Union, who then must notify OCB. Upon receipt of the Union’s notice, OCB shall inform DAS Payroll, who will continue to withhold the employee’s dues, but will not remit to the Union. Upon completion of the appeal process, the Union shall notify OCB. OCB shall notify DAS Payroll to release the escrowed funds to the Union to be disbursed pursuant to the resolution. The State’s only role in this process is withholding the dues from OCSEA until resolution of the appeal. (Reference: United States of America and Xxxx Xxxxxxxxx v. State of Ohio, et al, Case No. C5-CV-799 United States Equal Employment Opportunity Commission and Xxxx Xxxxxxxxx v. Ohio Civil Service Employees Association, AFSCME, Local 11, AFL-CIO, et al Case No. 05-CV-881) Instructions: Employees should file their objection with OSTA at its central office. Pursuant to the Notice of Settlement below, employees may also file their objections with OCB. OCB will promptly notify the Union. Only after an objection is properly filed will OCB notify DAS Payroll to begin withholding, but not remitting the employee’s dues to the Union. Questions should be referred to OCB. See Notice of Settlement and New Religious Accommodation Procedure at the end of this article.

Appears in 1 contract

Samples: – Agreement

Religious Accommodation Pursuant to Title VII. An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number social security number of the employee. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an Arbitratorarbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitratorarbitrator, then they shall secure a list of seven (7) Arbitrators arbitrators from FMCS the Federal Mediation Conciliation Services (FMCS) and use the alternative strike method to determine the Arbitratorarbitrator. The expense of the arbitration shall be borne by the Union. The Arbitrator arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Union. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with Titlearbitrator determines

Appears in 1 contract

Samples: www.das.ohio.gov

Religious Accommodation Pursuant to Title VII. An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number social security number of the employee. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an Arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitrator, then they shall secure a list of seven (7) Arbitrators from FMCS and use the alternative strike method to determine the Arbitrator. The expense of the arbitration shall be borne by the Union. The Arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a non-religious charitable organization mutually agreed upon between the employee and the Union. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Union shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Union, and any future dues or fair share fees of the affected employee in compliance with the decision and this section.

Appears in 1 contract

Samples: Agreement

Religious Accommodation Pursuant to Title VII. An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number social security number of the employee. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an Arbitratorarbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitratorarbitrator, then they shall secure a list of seven (7) Arbitrators arbitrators from FMCS the Federal Mediation Conciliation Services (FMCS) and use the alternative strike method to determine the Arbitratorarbitrator. The expense of the arbitration shall be borne by the Union. The Arbitrator arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Union. If the Arbitrator arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Union shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Union, and any future dues or fair share fees of the affected employee in compliance with the decision and this section.‌

Appears in 1 contract

Samples: Contract

Religious Accommodation Pursuant to Title VII. An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number social security number of the employee. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an Arbitratorarbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreement. If the parties cannot agree to an Arbitratorarbitrator, then they shall secure a list of seven (7) Arbitrators arbitrators from FMCS the Federal Mediation Conciliation Services (FMCS) and use the alternative strike method to determine the Arbitratorarbitrator. The expense of the arbitration shall be borne by the Union. The Arbitrator arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Union. If the Arbitrator arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Union shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Union, and any future dues or fair share fees of the affected employee in compliance with the decision and this Section.‌

Appears in 1 contract

Samples: das.ohio.gov

Religious Accommodation Pursuant to Title VII. An employee may file notice with the UnionLabor Council, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number social security number of the employee. Upon receipt of said notice, the Union Labor Council shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union Labor Council shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union Labor Council shall mutually agree upon an Arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the UnionLabor Council, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitrator, then they shall secure a list of seven (7) Arbitrators from FMCS and use the alternative strike method to determine the Arbitrator. The expense of the arbitration shall be borne by the UnionLabor Council. The Arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the UnionLabor Council. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Labor Council shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Labor Council, and any future fair share fees of the affected employee in compliance with the decision and this section. Explanation: This language provides a mechanism for employees who object to paying union dues based on bona fide, sincerely held religious beliefs. Employees must notify the Union, who then must notify OCB. Upon receipt of the Union’s notice, OCB shall inform DAS Payroll, who will continue to withhold the employee’s biweekly deduction, but will not remit to the Union. Upon completion of the appeal process, the Union shall notify OCB of the resolution. OCB shall notify DAS Payroll to release the withheld funds to be disbursed pursuant to the resolution. The State’s only role in this process is withholding the biweekly deduction from the FOP until resolution of the appeal and forwarding dues to the appropriate entity upon resolution. (Reference: United States of America and Xxxx Xxxxxxxxx v. State of Ohio, et al, Case No. C5-CV-799 United States Equal Employment Opportunity Commission and Xxxx Xxxxxxxxx v. Ohio Civil Service Employees Association, AFSCME, Local 11, AFL-CIO, et al Case No. 05-CV-881)

Appears in 1 contract

Samples: – Agreement

Religious Accommodation Pursuant to Title VII. An employee may file notice with the UnionLabor Council, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the Employee Identification Number of the employeeemployee ID number. Upon receipt of said notice, the Union Labor Council shall notify the Office of Collective Bargaining (OCB) in writing writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union Labor Council shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union Labor Council shall mutually agree upon an Arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the UnionLabor Council, the arbitration shall be conducted in accordance with this Agreementagreement. If the parties cannot agree to an Arbitrator, then they shall secure a list of seven (7) Arbitrators from FMCS and use the alternative strike method to determine the Arbitrator. The expense of the arbitration shall be borne by the UnionLabor Council. The Arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the UnionLabor Council. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with TitleTitle VII. The Labor Council shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Labor Council, and any future fair share fees of the affected employee in compliance with the decision and this section.

Appears in 1 contract

Samples: Agreement

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