Common use of RIGHTS OF ASSOCIATION Clause in Contracts

RIGHTS OF ASSOCIATION. A. Members Employment Status Notification The Association President and Treasurer will be notified in writing within 7 (seven) work days via the fully executed Board Office buff form, of any new employee’s name with their effective date of hire or change in employment status of any current member. B. Fair Share Fee (This section is null and void as a matter of law based on the Supreme Court decision in Janus v. AFSCME, Council 31, 585 U. S. (2018) and will not be implemented, but is preserved should the law change in future years.) 1. In recognition of the Association's services and benefits to the bargaining unit, all members employed in the bargaining unit who were hired after September 1, 1985 and those who were members of the Association on August 31, 1985, but who subsequently withdraw from membership in the Association, shall either be members of the Association or shall share in the financial support of the Association by paying to the Association a fair share fee. 2. The Board agrees to an automatic payroll deduction, unless paid in one lump sum prior to first payroll deduction, as a condition of employment, of an amount not more than one hundred percent (100%) of the total unified dues of the Association, from the pay of all bargaining unit members identified in Paragraph 1 above who elect not to become members of the Association, or who elect not to remain members. 3. Upon notification from the Association that a member has terminated membership, the Finance Department shall request the Auditor to commence the check-off of the fair share fee with respect to the former member, and the amount of the fee yet to be deducted shall be the annual membership dues, less the amount previously paid through payroll deduction. 4. Payroll deduction of such fair share fees shall begin at the first pay date following January 15, except that no fair share fee deductions shall be made for bargaining unit members employed after December 31, until the second paycheck. 5. Dues, rates, and fair share fee rates shall be transmitted to the Finance Department by the Association for the purpose of determining amounts to be payroll-deducted. All amounts deducted shall be promptly transmitted to the Association with a list of names and amount of money transmitted at the time of initial submission to the County Auditor. The Finance Department shall provide the Association with updated deduction tables as revised. 6. The initial transmittal will be accompanied by a list of the names of bargaining unit members for whom all such deductions are made. 7. The Association represents to the Board that an internal advanced fee reduction procedure has been established in accordance with Section 4117.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each employee who does not join the Association, and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. Annually, the Association shall give to the Board in a timely fashion, at the same time it is given to fair share fee payers, a copy of the internal rebate procedure and all other materials required by law to be given to the fair share fee payers. If the procedure or other materials given to fair share fee payers are found to be inadequate by a court, then the Board's obligation to deduct fair share fees shall be suspended until and unless the procedures and/or information are brought into compliance with applicable legal requirements. The Association retains the right to collect such fair share fee in accordance with paragraph 12 below. 8. Upon timely demand, nonmembers may appeal to the Association the payment of the fair share fee pursuant to the internal procedure adopted by the Association, or such nonmembers may submit such appeals as provided by law. 9. Except as otherwise required by law, the amount to be deducted from the pay of all non-Association members shall be the total dues as paid by members of the Association, and such deductions shall continue through the remaining number of payroll periods over which Association membership dues are deducted. 10. The Association agrees to indemnify the Board for any costs or liability incurred as a result of the implementation and enforcement of this provision, provided that: a. The Board shall give a ten (10) day written notice of any claim made or action filed against the Employer by a member or a nonmember for which indemnification may be claimed; b. The Association shall reserve the right to designate counsel to represent and defend the Employer; c. The Board agrees to the following: (1) To give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding; (2) To permit the Association or its affiliates to intervene as a party when it so desires; and/or (3) The Association or its affiliates’ application to file briefs amicus curiae in the action; d. The action brought against the Board must be a direct consequence of the Board's good faith compliance with the fair share fee provision of the collective bargaining agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply, except due to court order, or misapplies such fair share fee provision herein. 11. A nonmember of the bargaining unit who pays a fair share fee to, or whose fee is in the process of being collected by, the local affiliate in the amount as provided in paragraph 2 above shall be entitled to all of the rights, privileges, services, and assistance enjoyed by regular active members of the Association, except as limited by OEA Policy 200.06. 12. Any nonmember of the Association hired after September 1, 1985, and those who were members of the Association on August 31, 1985, but who subsequently withdraw from membership who elect to continue employment with the Board after a sixty (60) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association, as the exclusive bargaining agent, and liable subject to a civil action for damages in the amount of any unpaid service and other assessments to the Association for the annual fair share fee assessment. The above fair share provision shall be an exclusive right of the Association during the term of this Agreement, and it will not be granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. C. Payroll Deductions 1. Association members shall be permitted to authorize payroll deduction of Association dues. The member must submit a written authorization or revocation on a Board-approved form by the first of the month in which he/she wants deductions to begin or terminate. Dues shall be deducted in equal monthly amounts, starting with the month following authorization. Said payroll-deducted dues shall be submitted monthly to the Treasurer of the Association. 2. The Association agrees that it will indemnify and hold the Board harmless from any and all actions for claims arising out of any action taken or not taken by the Board for the purpose of complying with Article V, Section B (1), and assumes full responsibility for the disposition of the dues to be deducted once they have been turned over to the Association. The Board will notify the Association when an employee revokes his/her authorization. 3. The Board agrees to provide payroll deduction for the following upon receipt of written authorization for each employee, provided such deductions are for one dollar ($1) or more per pay: Credit Union CDC United Way Cancer Insurance Annuities Hospitalization/Major Medical/Dental/Vision Insurances D. Association Meetings The Superintendent shall approve reasonable requests to participate in Association meetings and business as determined by the President not to exceed a total of fifteen (15) days in each program year covered by this Agreement in order that an employee or employees may attend or participate in Association activities. No costs other than the cost of a substitute shall be borne by the Board. E. Exclusive Rights The Board shall grant A.C.E.A.M.H. such exclusive rights necessary to provide for proper representation of the instructional staff, including: 1. Use of designated bulletin boards at each building and satellite site; 2. Upon prior approval, reasonable use of public address system before and after arrival and dismissal times; 3. Use of telephone during lunch period, after school, during planning, and other times as per Article VII, Section F; 4. Employee mailboxes; 5. File cabinets; 6. When requested, adequate time will be provided to the Association President or designee to address certificated staff on orientation day; and 7. The Association President or designee shall have the right to address the Board at each regular Board meeting. F. Use of Board Facilities Upon request, the Association shall be entitled to use Board facilities. Association use of Board facilities shall be subject to Board-adopted regulations, except that use after the workday, if maintenance personnel are available, shall be at no cost to the Association. G. Board Policy Book The Association President shall be provided one (1) copy of the Board policy book. In addition, the Association President shall be provided copies of all changes to the policy book at the same time such copies are distributed to other holders of the policy book. It is the responsibility of the Association President to keep the policy book updated and to pass the policy book on to successor Association Presidents. The Association President shall receive copies of all new Board policies/procedures as they are distributed to the Board for review. Each bargaining unit member will be provided with a copy of the Board’s policies and procedures that pertain to his/her department. The Association will be provided with a copy of the complete version of the Board policies and procedures. All matters relative to the implementation of the delivery of Board policies and procedures to bargaining unit members will be resolved by the parties in their Labor Management Committee. H. New Employees Monthly, the Board will make available to the Association President at the Board office the name, address, classification, salary step, and certification of all employees hired during that month and the name of each employee who resigned during that month. I. Agenda Prior to any Board meeting, the Association President will receive the same packet as the Board pursuant to O.R.C. 149.43, except for confidential information. The packets will be mailed or received by the Association President at the same time they are mailed to the Board members.

RIGHTS OF ASSOCIATION. A. Members Employment Status Notification The Association President and Treasurer will be notified in writing within 7 (seven) work days via the fully executed Board Office buff form, of any new employee’s name with their effective date of hire or change in employment status of any current member. B. Fair Share Fee (This section is null and void as a matter of law based on the Supreme Court decision in Janus v. AFSCME, Council 31, 585 U. S. (2018) and will not be implemented, but is preserved should the law change in future years.) 1. In recognition of the Association's services and benefits to the bargaining unit, all members employed in the bargaining unit who were hired after September 1, 1985 and those who were members of the Association on August 31, 1985, but who subsequently withdraw from membership in the Association, shall either be members of the Association or shall share in the financial support of the Association by paying to the Association a fair share fee. 2. The Board agrees to an automatic payroll deduction, unless paid in one lump sum prior to first payroll deduction, as a condition of employment, of an amount not more than one hundred percent (100%) of the total unified dues of the Association, from the pay of all bargaining unit members identified in Paragraph 1 above who elect not to become members of the Association, or who elect not to remain members. 3. Upon notification from the Association that a member has terminated membership, the Finance Department shall request the Auditor to commence the check-off of the fair share fee with respect to the former member, and the amount of the fee yet to be deducted shall be the annual membership dues, less the amount previously paid through payroll deduction. 4. Payroll deduction of such fair share fees shall begin at the first pay date following January 15, except that no fair share fee deductions shall be made for bargaining unit members employed after December 31, until the second paycheck. 5. Dues, rates, and fair share fee rates shall be transmitted to the Finance Department by the Association for the purpose of determining amounts to be payroll-deducted. All amounts deducted shall be promptly transmitted to the Association with a list of names and amount of money transmitted at the time of initial submission to the County Auditor. The Finance Department shall provide the Association with updated deduction tables as revised. 6. The initial transmittal will be accompanied by a list of the names of bargaining unit members for whom all such deductions are made. 7. The Association represents to the Board that an internal advanced fee reduction procedure has been established in accordance with Section 4117.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each employee who does not join the Association, and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. Annually, the Association shall give to the Board in a timely fashion, at the same time it is given to fair share fee payers, a copy of the internal rebate procedure and all other materials required by law to be given to the fair share fee payers. If the procedure or other materials given to fair share fee payers are found to be inadequate by a court, then the Board's obligation to deduct fair share fees shall be suspended until and unless the procedures and/or information are brought into compliance with applicable legal requirements. The Association retains the right to collect such fair share fee in accordance with paragraph 12 below. 8. Upon timely demand, nonmembers may appeal to the Association the payment of the fair share fee pursuant to the internal procedure adopted by the Association, or such nonmembers may submit such appeals as provided by law. 9. Except as otherwise required by law, the amount to be deducted from the pay of all non-Association members shall be the total dues as paid by members of the Association, and such deductions shall continue through the remaining number of payroll periods over which Association membership dues are deducted. 10. The Association agrees to indemnify the Board for any costs or liability incurred as a result of the implementation and enforcement of this provision, provided that: a. The Board shall give a ten (10) day written notice of any claim made or action filed against the Employer by a member or a nonmember for which indemnification may be claimed; b. The Association shall reserve the right to designate counsel to represent and defend the Employer; c. The Board agrees to the following: (1) To give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding; (2) To permit the Association or its affiliates to intervene as a party when it so desires; and/or (3) The Association or its affiliates’ application to file briefs amicus curiae in the action; d. The action brought against the Board must be a direct consequence of the Board's good faith compliance with the fair share fee provision of the collective bargaining agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply, except due to court order, or misapplies such fair share fee provision herein. 11. A nonmember of the bargaining unit who pays a fair share fee to, or whose fee is in the process of being collected by, the local affiliate in the amount as provided in paragraph 2 above shall be entitled to all of the rights, privileges, services, and assistance enjoyed by regular active members of the Association, except as limited by OEA Policy 200.06. 12. Any nonmember of the Association hired after September 1, 1985, and those who were members of the Association on August 31, 1985, but who subsequently withdraw from membership who elect to continue employment with the Board after a sixty (60) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association, as the exclusive bargaining agent, and liable subject to a civil action for damages in the amount of any unpaid service and other assessments to the Association for the annual fair share fee assessment. The above fair share provision shall be an exclusive right of the Association during the term of this Agreement, and it will not be granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. C. Payroll Deductions 1. Association members shall be permitted to authorize payroll deduction of Association dues. The member must submit a written authorization or revocation on a Board-approved form by the first of the month in which he/she wants deductions to begin or terminate. Dues shall be deducted in equal monthly amounts, starting with the month following authorization. Said payroll-deducted dues shall be submitted monthly to the Treasurer of the Association. 2. The Association agrees that it will indemnify and hold the Board harmless from any and all actions for claims arising out of any action taken or not taken by the Board for the purpose of complying with Article V, Section B (1), and assumes full responsibility for the disposition of the dues to be deducted once they have been turned over to the Association. The Board will notify the Association when an employee revokes his/her authorization. 3. The Board agrees to provide payroll deduction for the following upon receipt of written authorization for each employee, provided such deductions are for one dollar ($1) or more per pay: Credit Union CDC United Way Cancer Insurance Annuities Hospitalization/Major Medical/Dental/Vision InsurancesInsurances‌‌ D. Association Meetings The Superintendent shall approve reasonable requests to participate in Association meetings and business as determined by the President not to exceed a total of fifteen (15) days in each program year covered by this Agreement in order that an employee or employees may attend or participate in Association activities. No costs other than the cost of a substitute shall be borne by the Board. E. Exclusive Rights The Board shall grant A.C.E.A.M.H. such exclusive rights necessary to provide for proper representation of the instructional staff, including: 1. Use of designated bulletin boards at each building and satellite site; 2. Upon prior approval, reasonable use of public address system before and after arrival and dismissal times; 3. Use of telephone during lunch period, after school, during planning, and other times as per Article VII, Section F; 4. Employee mailboxes; 5. File cabinets; 6. When requested, adequate time will be provided to the Association President or designee to address certificated staff on orientation day; and 7. The Association President or designee shall have the right to address the Board at each regular Board meeting. F. Use of Board Facilities Upon request, the Association shall be entitled to use Board facilities. Association use of Board facilities shall be subject to Board-adopted regulations, except that use after the workday, if maintenance personnel are available, shall be at no cost to the Association. G. Board Policy Book The Association President shall be provided one (1) copy of the Board policy book. In addition, the Association President shall be provided copies of all changes to the policy book at the same time such copies are distributed to other holders of the policy book. It is the responsibility of the Association President to keep the policy book updated and to pass the policy book on to successor Association Presidents. The Association President shall receive copies of all new Board policies/procedures as they are distributed to the Board for review. Each bargaining unit member will be provided with a copy of the Board’s policies and procedures that pertain to his/her department. The Association will be provided with a copy of the complete version of the Board policies and procedures. All matters relative to the implementation of the delivery of Board policies and procedures to bargaining unit members will be resolved by the parties in their Labor Management Committee. H. New Employees Monthly, the Board will make available to the Association President at the Board office the name, address, classification, salary step, and certification of all employees hired during that month and the name of each employee who resigned during that month. I. Agenda Prior to any Board meeting, the Association President will receive the same packet as the Board pursuant to O.R.C. 149.43, except for confidential information. The packets will be mailed or received by the Association President at the same time they are mailed to the Board members.fifteen

RIGHTS OF ASSOCIATION. A. Members Employment Status Notification The Association President and Treasurer will be notified in writing within 7 (seven) work days via the fully executed Board Office buff form, of any new employee’s name with their effective date of hire or change in employment status of any current member. B. Fair Share Fee (This section is null and void as a matter of law based on the Supreme Court decision in Janus v. AFSCME, Council 31, 585 U. S. (2018) and will not be implemented, but is preserved should the law change in future years.) 1. In recognition of the Association's services and benefits to the bargaining unit, all members employed in the bargaining unit who were hired after September 1, 1985 and those who were members of the Association on August 31, 1985, but who subsequently withdraw from membership in the Association, shall either be members of the Association or shall share in the financial support of the Association by paying to the Association a fair share fee. 2. The Board agrees to an automatic payroll deduction, unless paid in one lump sum prior to first payroll deduction, as a condition of employment, of an amount not more than one hundred percent (100%) of the total unified dues of the Association, from the pay of all bargaining unit members identified in Paragraph 1 above who elect not to become members of the Association, or who elect not to remain members. 3. Upon notification from the Association that a member has terminated membership, the Finance Department shall request the Auditor to commence the check-off of the fair share fee with respect to the former member, and the amount of the fee yet to be deducted shall be the annual membership dues, less the amount previously paid through payroll deduction. 4. Payroll deduction of such fair share fees shall begin at the first pay date following January 15, except that no fair share fee deductions shall be made for bargaining unit members employed after December 31, until the second paycheck. 5. Dues, rates, and fair share fee rates shall be transmitted to the Finance Department by the Association for the purpose of determining amounts to be payroll-deducted. All amounts deducted shall be promptly transmitted to the Association with a list of names and amount of money transmitted at the time of initial submission to the County Auditor. The Finance Department shall provide the Association with updated deduction tables as revised. 6. The initial transmittal will be accompanied by a list of the names of bargaining unit members for whom all such deductions are made. 7. The Association represents to the Board that an internal advanced fee reduction procedure has been established in accordance with Section 4117.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each employee who does not join the Association, and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. Annually, the Association shall give to the Board in a timely fashion, at the same time it is given to fair share fee payers, a copy of the internal rebate procedure and all other materials required by law to be given to the fair share fee payers. If the procedure or other materials given to fair share fee payers are found to be inadequate by a court, then the Board's obligation to deduct fair share fees shall be suspended until and unless the procedures and/or information are brought into compliance with applicable legal requirements. The Association retains the right to collect such fair share fee in accordance with paragraph 12 below. 8. Upon timely demand, nonmembers may appeal to the Association the payment of the fair share fee pursuant to the internal procedure adopted by the Association, or such nonmembers may submit such appeals as provided by law. 9. Except as otherwise required by law, the amount to be deducted from the pay of all non-Association members shall be the total dues as paid by members of the Association, and such deductions shall continue through the remaining number of payroll periods over which Association membership dues are deducted. 10. The Association agrees to indemnify the Board for any costs or liability incurred as a result of the implementation and enforcement of this provision, provided that: a. The Board shall give a ten (10) day written notice of any claim made or action filed against the Employer by a member or a nonmember for which indemnification may be claimed; b. The Association shall reserve the right to designate counsel to represent and defend the Employer; c. The Board agrees to the following: (1) To give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding; (2) To permit the Association or its affiliates to intervene as a party when it so desires; and/or (3) The Association or its affiliates’ application to file briefs amicus curiae in the action; d. The action brought against the Board must be a direct consequence of the Board's good faith compliance with the fair share fee provision of the collective bargaining agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply, except due to court order, or misapplies such fair share fee provision herein. 11. A nonmember of the bargaining unit who pays a fair share fee to, or whose fee is in the process of being collected by, the local affiliate in the amount as provided in paragraph 2 above shall be entitled to all of the rights, privileges, services, and assistance enjoyed by regular active members of the Association, except as limited by OEA Policy 200.06. 12. Any nonmember of the Association hired after September 1, 1985, and those who were members of the Association on August 31, 1985, but who subsequently withdraw from membership who elect to continue employment with the Board after a sixty (60) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association, as the exclusive bargaining agent, and liable subject to a civil action for damages in the amount of any unpaid service and other assessments to the Association for the annual fair share fee assessment. The above fair share provision shall be an exclusive right of the Association during the term of this Agreement, and it will not be granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. C. Payroll Deductions 1. Association members shall be permitted to authorize payroll deduction of Association dues. The member must submit a written authorization or revocation on a Board-approved form by the first of the month in which he/she wants deductions to begin or terminate. Dues shall be deducted in equal monthly amounts, starting with the month following authorization. Said payroll-deducted dues shall be submitted monthly to the Treasurer of the Association. 2. The Association agrees that it will indemnify and hold the Board harmless from any and all actions for claims arising out of any action taken or not taken by the Board for the purpose of complying with Article V, Section B (1), and assumes full responsibility for the disposition of the dues to be deducted once they have been turned over to the Association. The Board will notify the Association when an employee revokes his/her authorization. 3. The Board agrees to provide payroll deduction for the following upon receipt of written authorization for each employee, provided such deductions are for one dollar ($1) or more per pay: Credit Union CDC CDC‌ United Way Cancer Insurance Annuities Hospitalization/Major Medical/Dental/Vision Insurances D. Association Meetings The Superintendent shall approve reasonable requests to participate in Association meetings and business as determined by the President not to exceed a total of fifteen (15) days in each program year covered by this Agreement in order that an employee or employees may attend or participate in Association activities. No costs other than the cost of a substitute shall be borne by the Board. E. Exclusive Rights The Board shall grant A.C.E.A.M.H. such exclusive rights necessary to provide for proper representation of the instructional staff, including: 1. Use of designated bulletin boards at each building and satellite site; 2. Upon prior approval, reasonable use of public address system before and after arrival and dismissal times; 3. Use of telephone during lunch period, after school, during planning, and other times as per Article VII, Section F; 4. Employee mailboxes; 5. File cabinets; 6. When requested, adequate time will be provided to the Association President or designee to address certificated staff on orientation day; and 7. The Association President or designee shall have the right to address the Board at each regular Board meeting. F. Use of Board Facilities Upon request, the Association shall be entitled to use Board facilities. Association use of Board facilities shall be subject to Board-adopted regulations, except that use after the workday, if maintenance personnel are available, shall be at no cost to the Association. G. Board Policy Book The Association President shall be provided one (1) copy of the Board policy book. In addition, the Association President shall be provided copies of all changes to the policy book at the same time such copies are distributed to other holders of the policy book. It is the responsibility of the Association President to keep the policy book updated and to pass the policy book on to successor Association Presidents. The Association President shall receive copies of all new Board policies/procedures as they are distributed to the Board for review. Each bargaining unit member will be provided with a copy of the Board’s policies and procedures that pertain to his/her department. The Association will be provided with a copy of the complete version of the Board policies and procedures. All matters relative to the implementation of the delivery of Board policies and procedures to bargaining unit members will be resolved by the parties in their Labor Management Committee. H. New Employees Monthly, the Board will make available to the Association President at the Board office the name, address, classification, salary step, and certification of all employees hired during that month and the name of each employee who resigned during that month. I. Agenda Prior to any Board meeting, the Association President will receive the same packet as the Board pursuant to O.R.C. 149.43, except for confidential information. The packets will be mailed or received by the Association President at the same time they are mailed to the Board members.fifteen

RIGHTS OF ASSOCIATION. A. Members Employment Status Notification The Association President and Treasurer will be notified in writing within 7 (seven) work days via the fully executed Board Office buff form, of any new employee’s name with their effective date of hire or change in employment status of any current member. B. Fair Share Fee (This section is null and void as a matter of law based on the Supreme Court decision in Janus v. AFSCME, Council 31, 585 U. S. (2018) and will not be implemented, implemented but is preserved should the law change in future years.) 1. In recognition of the Association's services and benefits to the bargaining unit, all members employed in the bargaining unit who were hired after September 1, 1985 and those who were members of the Association on August 31, 1985, but who subsequently withdraw from membership in the Association, shall either be members of the Association or shall share in the financial support of the Association by paying to the Association a fair share fee. 2. The Board agrees to an automatic payroll deduction, unless paid in one lump sum prior to first payroll deduction, as a condition of employment, of an amount not more than one hundred percent (100%) of the total unified dues of the Association, from the pay of all bargaining unit members identified in Paragraph 1 above who elect not to become members of the Association, or who elect not to remain members. 3. Upon notification from the Association that a member has terminated membership, the Finance Department shall request the Auditor to commence the check-off of the fair share fee with respect to the former member, and the amount of the fee yet to be deducted shall be the annual membership dues, less the amount previously paid through payroll deduction. 4. Payroll deduction of such fair share fees shall begin at the first pay date following January 15, except that no fair share fee deductions shall be made for bargaining unit members employed after December 31, until the second paycheck. 5. Dues, rates, and fair share fee rates shall be transmitted to the Finance Department by the Association for the purpose of determining amounts to be payroll-deducted. All amounts deducted shall be promptly transmitted to the Association with a list of names and amount of money transmitted at the time of initial submission to the County Auditor. The Finance Department shall provide the Association with updated deduction tables as revised. 6. The initial transmittal will be accompanied by a list of the names of bargaining unit members for whom all such deductions are made. 7. The Association represents to the Board that an internal advanced fee reduction procedure has been established in accordance with Section 4117.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each employee who does not join the Association, and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. Annually, the Association shall give to the Board in a timely fashion, at the same time it is given to fair share fee payers, a copy of the internal rebate procedure and all other materials required by law to be given to the fair share fee payers. If the procedure or other materials given to fair share fee payers are found to be inadequate by a court, then the Board's obligation to deduct fair share fees shall be suspended until and unless the procedures and/or information are brought into compliance with applicable legal requirements. The Association retains the right to collect such fair share fee in accordance with paragraph 12 below. 8. Upon timely demand, nonmembers may appeal to the Association the payment of the fair share fee pursuant to the internal procedure adopted by the Association, or such nonmembers may submit such appeals as provided by law. 9. Except as otherwise required by law, the amount to be deducted from the pay of all non-Association members shall be the total dues as paid by members of the Association, and such deductions shall continue through the remaining number of payroll periods over which Association membership dues are deducted. 10. The Association agrees to indemnify the Board for any costs or liability incurred as a result of the implementation and enforcement of this provision, provided that: a. The Board shall give a ten (10) day written notice of any claim made or action filed against the Employer by a member or a nonmember for which indemnification may be claimed; b. The Association shall reserve the right to designate counsel to represent and defend the Employer; c. The Board agrees to the following: (1) To give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding; (2) To permit the Association or its affiliates to intervene as a party when it so desires; and/or, (3) The Association or its affiliates’ application to file briefs amicus curiae in the action;. d. The action brought against the Board must be a direct consequence of the Board's good faith compliance with the fair share fee provision of the collective bargaining agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply, except due to court order, or misapplies such fair share fee provision herein. 11. A nonmember of the bargaining unit who pays a fair share fee to, or whose fee is in the process of being collected by, the local affiliate in the amount as provided in paragraph 2 above shall be entitled to all of the rights, privileges, services, and assistance enjoyed by regular active members of the Association, except as limited by OEA Policy 200.06. 12. Any nonmember of the Association hired after September 1, 1985, and those who were members of the Association on August 31, 1985, but who subsequently withdraw from membership who elect to continue employment with the Board after a sixty (60) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association, as the exclusive bargaining agent, and liable subject to a civil action for damages in the amount of any unpaid service and other assessments to the Association for the annual fair share fee assessment. The above fair share provision shall be an exclusive right of the Association during the term of this Agreement, and it will not be granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. C. Payroll Deductions 1. Association members shall be permitted to authorize payroll deduction of Association dues. The member must submit a written authorization or revocation on a Board-approved form by the first of the month in which he/she wants deductions to begin or terminate. Dues shall be deducted in equal monthly amounts, starting with the month following authorization. Said payroll-deducted dues shall be submitted monthly to the Treasurer of the Association. 2. The Association agrees that it will indemnify and hold the Board harmless from any and all actions for claims arising out of any action taken or not taken by the Board for the purpose of complying with Article V, Section B (1B(1), and assumes full responsibility for the disposition of the dues to be deducted once they have been turned over to the Association. The Board will notify the Association when an employee revokes his/her authorization. 3. The Board agrees to provide payroll deduction for the following upon receipt of written authorization for each employee, provided such deductions are for one dollar ($1) or more per pay: Credit Union CDC United Way Cancer Insurance Annuities Hospitalization/Major Medical/Dental/Vision Insurances D. Association Meetings The Superintendent shall approve reasonable requests to participate in Association meetings and business as determined by the President not to exceed a total of fifteen (15) days in each program year covered by this Agreement in order that an employee or employees may attend or participate in Association activities. No costs other than the cost of a substitute shall be borne by the Board. E. Exclusive Rights The Board shall grant A.C.E.A.M.H. A.C.P.A.C.S.C. such exclusive rights necessary to provide for proper representation of the instructional staff, including: 1. Use of designated bulletin boards at each building and satellite site; 2. Upon prior approval, reasonable use of public address system before and after arrival and dismissal times; 3. Use of telephone during lunch period, after school, during planning, and other times as per Article VII, Section F; 4. Employee mailboxes; 53. File cabinets; 64. When requested, adequate time will be provided to the Association President or designee to address certificated staff on orientation day; and, 75. The Association President or designee shall have the right to address the Board at each regular Board meeting. F. Use of Board Facilities Upon request, the Association shall be entitled to use Board facilities. Association use of Board facilities shall be subject to Board-adopted regulations, except that use after the workday, if maintenance personnel are available, shall be at no cost to the Association. G. Board Policy Book The Association President shall be provided one (1) copy of the Board policy book. In addition, the Association President shall be provided copies of all changes to the policy book at the same time such copies are distributed to other holders of the policy book. It is the responsibility of the Association President to keep the policy book updated and to pass the policy book on to successor Association Presidents. The Association President shall receive copies of all new Board policies/procedures as they are distributed to the Board for review. Each bargaining unit member will be provided with a copy of the Board’s policies and procedures that pertain to his/her department. The Association will be provided with a copy of the complete version of the Board policies and procedures. All matters relative to the implementation of the delivery of Board policies and procedures to bargaining unit members will be resolved by the parties in their Labor Management Committee. H. New Employees Monthly, the Board will make available to the Association President at the Board office the name, address, classification, salary step, and certification of all employees hired during that month and the name of each employee who resigned during that month. I. Agenda Prior to any Board meeting, the Association President will receive the same packet as the Board pursuant to O.R.C. 149.43, except for confidential information. The packets will be mailed or received by the Association President at the same time they are mailed to the Board members.

RIGHTS OF ASSOCIATION. A. Members Employment Status Notification The Association President and Treasurer will be notified in writing within 7 (seven) work days via the fully executed Board Office buff form, of any new employee’s name with their effective date of hire or change in employment status of any current member. B. Fair Share Fee (This section is null and void as a matter of law based on the Supreme Court decision in Janus v. AFSCME, Council 31, 585 U. S. (2018) and will not be implemented, but is preserved should the law change in future years.)Fee 1. In recognition of the Association's services and benefits to the bargaining unit, all members employed in the bargaining unit who were hired after September 1, 1985 and those who were members of the Association on August 31, 1985, but who subsequently withdraw from membership in the Association, shall either be members of the Association or shall share in the financial support of the Association by paying to the Association a fair share fee. 2. The Board agrees to an automatic payroll deduction, unless paid in one lump sum prior to first payroll deduction, as a condition of employment, of an amount not more than one hundred percent (100%) of the total unified dues of the Association, from the pay of all bargaining unit members identified in Paragraph 1 above who elect not to become members of the Association, or who elect not to remain members. 3. Upon notification from the Association that a member has terminated membership, the Finance Department shall request the Auditor to commence the check-off of the fair share fee with respect to the former member, and the amount of the fee yet to be deducted shall be the annual membership dues, less the amount previously paid through payroll deduction. 4. Payroll deduction of such fair share fees shall begin at the first pay date following January 15, except that no fair share fee deductions shall be made for bargaining unit members employed after December 31, until the second paycheck. 5. Dues, rates, and fair share fee rates shall be transmitted to the Finance Department by the Association for the purpose of determining amounts to be payroll-deducted. All amounts deducted shall be promptly transmitted to the Association with a list of names and amount of money transmitted at the time of initial submission to the County Auditor. The Finance Department shall provide the Association with updated deduction tables as revised. 6. The initial transmittal will be accompanied by a list of the names of bargaining unit members for whom all such deductions are made. 7. The Association represents to the Board that an internal advanced fee reduction procedure has been established in accordance with Section 4117.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each employee who does not join the Association, and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. Annually, the Association shall give to the Board in a timely fashion, at the same time it is given to fair share fee payers, a copy of the internal rebate procedure and all other materials required by law to be given to the fair share fee payers. If the procedure or other materials given to fair share fee payers are found to be inadequate by a court, then the Board's obligation to deduct fair share fees shall be suspended until and unless the procedures and/or information are brought into compliance with applicable legal requirements. The Association retains the right to collect such fair share fee in accordance with paragraph 12 below. 8. Upon timely demand, nonmembers may appeal to the Association the payment of the fair share fee pursuant to the internal procedure adopted by the Association, or such nonmembers may submit such appeals as provided by law. 9. Except as otherwise required by law, the amount to be deducted from the pay of all non-Association members shall be the total dues as paid by members of the Association, and such deductions shall continue through the remaining number of payroll periods over which Association membership dues are deducted. 10. The Association agrees to indemnify the Board for any costs or liability incurred as a result of the implementation and enforcement of this provision, provided that: a. The Board shall give a ten (10) day written notice of any claim made or action filed against the Employer by a member or a nonmember for which indemnification may be claimed; b. The Association shall reserve the right to designate counsel to represent and defend the Employer; c. The Board agrees to the following: (1) To give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding; (2) To permit the Association or its affiliates to intervene as a party when it so desires; and/or (3) The Association or its affiliates’ application to file briefs amicus curiae in the action; d. The action brought against the Board must be a direct consequence of the Board's good faith compliance with the fair share fee provision of the collective bargaining agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply, except due to court order, or misapplies such fair share fee provision herein. 11. A nonmember of the bargaining unit who pays a fair share fee to, or whose fee is in the process of being collected by, the local affiliate in the amount as provided in paragraph 2 above shall be entitled to all of the rights, privileges, services, and assistance enjoyed by regular active members of the Association, except as limited by OEA Policy 200.06. 12. Any nonmember of the Association hired after September 1, 1985, and those who were members of the Association on August 31, 1985, but who subsequently withdraw from membership who elect to continue employment with the Board after a sixty (60) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association, as the exclusive bargaining agent, and liable subject to a civil action for damages in the amount of any unpaid service and other assessments to the Association for the annual fair share fee assessment. The above fair share provision shall be an exclusive right of the Association during the term of this Agreement, and it will not be granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. C. Payroll Deductions 1. Association members shall be permitted to authorize payroll deduction of Association dues. The member must submit a written authorization or revocation on a Board-approved form by the first of the month in which he/she wants deductions to begin or terminate. Dues shall be deducted in equal monthly amounts, starting with the month following authorization. Said payroll-payroll- deducted dues shall be submitted monthly to the Treasurer of the Association. 2. The Association agrees that it will indemnify and hold the Board harmless from any and all actions for claims arising out of any action taken or not taken by the Board for the purpose of complying with Article V, Section B (1), and assumes full responsibility for the disposition of the dues to be deducted once they have been turned over to the Association. The Board will notify the Association when an employee revokes his/her authorization. 3. The Board agrees to provide payroll deduction for the following upon receipt of written authorization for each employee, provided such deductions are for one dollar ($1) or more per pay: Credit Union CDC United Way Cancer Insurance Annuities Hospitalization/Major Medical/Dental/Vision Insurances D. Association Meetings The Superintendent shall approve reasonable requests to participate in Association meetings and business as determined by the President not to exceed a total of fifteen (15) days in each program year covered by this Agreement in order that an employee or employees may attend or participate in Association activities. No costs other than the cost of a substitute shall be borne by the Board. E. Exclusive Rights The Board shall grant A.C.E.A.M.H. such exclusive rights necessary to provide for proper representation of the instructional staff, including: 1. Use of designated bulletin boards at each building and satellite site; 2. Upon prior approval, reasonable use of public address system before and after student/client arrival and dismissal times; 3. Use of telephone during lunch period, after school, during planning, and other times as per Article VII, Section F; 4. Employee mailboxes; 5. File cabinets; 6. When requested, adequate time will be provided to the Association President or designee to address certificated staff on orientation day; and 7. The Association President or designee shall have the right to address the Board at each regular Board meeting. F. Use of Board Facilities Upon request, the Association shall be entitled to use Board facilities. Association use of Board facilities shall be subject to Board-adopted regulations, except that use after the workday, if maintenance personnel are available, shall be at no cost to the Association. G. Board Policy Book The Association President shall be provided one (1) copy of the Board policy book. In addition, the Association President shall be provided copies of all changes to the policy book at the same time such copies are distributed to other holders of the policy book. It is the responsibility of the Association President to keep the policy book updated and to pass the policy book on to successor Association Presidents. The Association President shall receive copies of all new Board policies/procedures as they are distributed to the Board for review. Each bargaining unit member will be provided with a copy of the Board’s policies and procedures that pertain to his/her department. The Association will be provided with a copy of the complete version of the Board policies and procedures. All matters relative to the implementation of the delivery of Board policies and procedures to bargaining unit members will be resolved by the parties in their Labor Management Committee. H. New Employees Monthly, the Board will make available to the Association President at the Board office the name, address, classification, salary step, and certification of all employees hired during that month and the name of each employee who resigned during that month. I. Agenda Prior to any Board meeting, the Association President will receive the same packet as the Board pursuant to O.R.C. 149.43, except for confidential information. The packets will be mailed or received by the Association President at the same time they are mailed to the Board members.

RIGHTS OF ASSOCIATION. A. Members Employment Status Notification The Association President and Treasurer will be notified in writing within 7 (seven) work days via the fully executed Board Office buff form, of any new employee’s name with their effective date of hire or change in employment status of any current member. B. Fair Share Fee (This section is null and void as a matter of law based on the Supreme Court decision in Janus Xxxxx v. AFSCME, Council 31, 585 U. S. (2018) and will not be implemented, implemented but is preserved should the law change in future years.) 1. In recognition of the Association's services and benefits to the bargaining unit, all members employed in the bargaining unit who were hired after September 1, 1985 and those who were members of the Association on August 31, 1985, but who subsequently withdraw from membership in the Association, shall either be members of the Association or shall share in the financial support of the Association by paying to the Association a fair share fee. 2. The Board agrees to an automatic payroll deduction, unless paid in one lump sum prior to first payroll deduction, as a condition of employment, of an amount not more than one hundred percent (100%) of the total unified dues of the Association, from the pay of all bargaining unit members identified in Paragraph 1 above who elect not to become members of the Association, or who elect not to remain members. 3. Upon notification from the Association that a member has terminated membership, the Finance Department shall request the Auditor to commence the check-off of the fair share fee with respect to the former member, and the amount of the fee yet to be deducted shall be the annual membership dues, less the amount previously paid through payroll deduction. 4. Payroll deduction of such fair share fees shall begin at the first pay date following January 15, except that no fair share fee deductions shall be made for bargaining unit members employed after December 31, until the second paycheck. 5. Dues, rates, and fair share fee rates shall be transmitted to the Finance Department by the Association for the purpose of determining amounts to be payroll-deducted. All amounts deducted shall be promptly transmitted to the Association with a list of names and amount of money transmitted at the time of initial submission to the County Auditor. The Finance Department shall provide the Association with updated deduction tables as revised. 6. The initial transmittal will be accompanied by a list of the names of bargaining unit members for whom all such deductions are made. 7. The Association represents to the Board that an internal advanced fee reduction procedure has been established in accordance with Section 4117.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each employee who does not join the Association, and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. Annually, the Association shall give to the Board in a timely fashion, at the same time it is given to fair share fee payers, a copy of the internal rebate procedure and all other materials required by law to be given to the fair share fee payers. If the procedure or other materials given to fair share fee payers are found to be inadequate by a court, then the Board's obligation to deduct fair share fees shall be suspended until and unless the procedures and/or information are brought into compliance with applicable legal requirements. The Association retains the right to collect such fair share fee in accordance with paragraph 12 below. 8. Upon timely demand, nonmembers may appeal to the Association the payment of the fair share fee pursuant to the internal procedure adopted by the Association, or such nonmembers may submit such appeals as provided by law. 9. Except as otherwise required by law, the amount to be deducted from the pay of all non-Association members shall be the total dues as paid by members of the Association, and such deductions shall continue through the remaining number of payroll periods over which Association membership dues are deducted. 10. The Association agrees to indemnify the Board for any costs or liability incurred as a result of the implementation and enforcement of this provision, provided that: a. The Board shall give a ten (10) day written notice of any claim made or action filed against the Employer by a member or a nonmember for which indemnification may be claimed; b. The Association shall reserve the right to designate counsel to represent and defend the Employer; c. The Board agrees to the following: (1) To give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding; (2) To permit the Association or its affiliates to intervene as a party when it so desires; and/or, (3) The Association or its affiliates’ application to file briefs amicus curiae in the action;. d. The action brought against the Board must be a direct consequence of the Board's good faith compliance with the fair share fee provision of the collective bargaining agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply, except due to court order, or misapplies such fair share fee provision herein. 11. A nonmember of the bargaining unit who pays a fair share fee to, or whose fee is in the process of being collected by, the local affiliate in the amount as provided in paragraph 2 above shall be entitled to all of the rights, privileges, services, and assistance enjoyed by regular active members of the Association, except as limited by OEA Policy 200.06. 12. Any nonmember of the Association hired after September 1, 1985, and those who were members of the Association on August 31, 1985, but who subsequently withdraw from membership who elect to continue employment with the Board after a sixty (60) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association, as the exclusive bargaining agent, and liable subject to a civil action for damages in the amount of any unpaid service and other assessments to the Association for the annual fair share fee assessment. The above fair share provision shall be an exclusive right of the Association during the term of this Agreement, and it will not be granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. C. Payroll Deductions 1. Association members shall be permitted to authorize payroll deduction of Association dues. The member must submit a written authorization or revocation on a Board-approved form by the first of the month in which he/she wants deductions to begin or terminate. Dues shall be deducted in equal monthly amounts, starting with the month following authorization. Said payroll-deducted dues shall be submitted monthly to the Treasurer of the Association. 2. The Association agrees that it will indemnify and hold the Board harmless from any and all actions for claims arising out of any action taken or not taken by the Board for the purpose of complying with Article V, Section B (1B(1), and assumes full responsibility for the disposition of the dues to be deducted once they have been turned over to the Association. The Board will notify the Association when an employee revokes his/her authorization. 3. The Board agrees to provide payroll deduction for the following upon receipt of written authorization for each employee, provided such deductions are for one dollar ($1) or more per pay: Credit Union CDC United Way Cancer Insurance Annuities Hospitalization/Major Medical/Dental/Vision Insurances D. Association Meetings The Superintendent shall approve reasonable requests to participate in Association meetings and business as determined by the President not to exceed a total of fifteen (15) days in each program year covered by this Agreement in order that an employee or employees may attend or participate in Association activities. No costs other than the cost of a substitute shall be borne by the Board. E. Exclusive Rights The Board shall grant A.C.E.A.M.H. A.C.P.A.C.S.C. such exclusive rights necessary to provide for proper representation of the instructional staff, including: 1. Use of designated bulletin boards at each building and satellite site; 2. Upon prior approval, reasonable use of public address system before and after arrival and dismissal times; 3. Use of telephone during lunch period, after school, during planning, and other times as per Article VII, Section F; 4. Employee mailboxes; 53. File cabinets; 64. When requested, adequate time will be provided to the Association President or designee to address certificated staff on orientation day; and, 75. The Association President or designee shall have the right to address the Board at each regular Board meeting. F. Use of Board Facilities Upon request, the Association shall be entitled to use Board facilities. Association use of Board facilities shall be subject to Board-adopted regulations, except that use after the workday, if maintenance personnel are available, shall be at no cost to the Association. G. Board Policy Book The Association President shall be provided one (1) copy of the Board policy book. In addition, the Association President shall be provided copies of all changes to the policy book at the same time such copies are distributed to other holders of the policy book. It is the responsibility of the Association President to keep the policy book updated and to pass the policy book on to successor Association Presidents. The Association President shall receive copies of all new Board policies/procedures as they are distributed to the Board for review. Each bargaining unit member will be provided with a copy of the Board’s policies and procedures that pertain to his/her department. The Association will be provided with a copy of the complete version of the Board policies and procedures. All matters relative to the implementation of the delivery of Board policies and procedures to bargaining unit members will be resolved by the parties in their Labor Management Committee. H. New Employees Monthly, the Board will make available to the Association President at the Board office the name, address, classification, salary step, and certification of all employees hired during that month and the name of each employee who resigned during that month. I. Agenda Prior to any Board meeting, the Association President will receive the same packet as the Board pursuant to O.R.C. 149.43, except for confidential information. The packets will be mailed or received by the Association President at the same time they are mailed to the Board members.