Common use of Termination for Failure to Comply Clause in Contracts

Termination for Failure to Comply. 1. A Faculty member in the Bargaining Unit who fails to tender to the Federation either periodic and uniformly required Federation dues, or in the alternative, service fees in an amount equal to these dues as set forth in the rules of the Federation, shall be terminated by the Employer, provided the following procedures are adhered to: a. The Federation shall notify the Faculty member by certified or registered mail, explaining that he is delinquent in not tendering required Federation dues or service fees, specifying the current amount of the delinquency and warning him that unless delinquent dues or service fees are paid and a properly executed Authorization for Checkoff of Dues is tendered within ten (10) working days of such notice, he shall be reported to the Board of Trustees for termination as provided for in this Article. b. The Federation shall give a copy of the letter sent to the Faculty member and include the following written notice to the Director of Human Resources at the end of the ten (10) day period: The Federation certifies that has failed to tender either the periodic and uniformly required Federation dues or service fees required as a condition of continued employment under the collective bargaining agreement and demands that, under the terms of this Agreement, the Board of Trustees terminate this Faculty member. 2. The Director of Human Resources shall communicate the Federation’s request for termination of the Faculty member to the Board of Trustees within five (5) working days after receipt of the above letter and notice. At the next scheduled public meeting, the Board of Trustees shall terminate the Faculty member effective within ten (10) working days of the meeting. 3. A Faculty member terminated under this Article shall not be rehired without the written consent of the Federation. a. Consent to rehire the Faculty member shall not be withheld arbitrarily or capriciously, and the Federation shall notify the Employer in writing when consent is withheld, giving the reasons therefore. b. A Faculty member who receives consent to be rehired shall reimburse the Federation for all past dues or service fees before he is rehired. 4. The Federation shall protect and save harmless the Employer from any and all claims, demands, suits, and other forms of liability by reason of action taken or not taken by the Employer for the purpose of complying with Section C of this Article.

Termination for Failure to Comply. 1. A Faculty member in An employee of the Bargaining Unit who fails to tender to the Federation Union either periodic and uniformly required Federation Union dues, or in the alternative, service fees in an amount equal to these dues as permitted by law which shall be set forth in the rules By-Laws of the FederationUnion, shall be terminated by the Employer, provided the following procedures stipulations are adhered to: a. The Federation Union shall notify the Faculty member employee by certified or registered mail, mail explaining that he the employee is delinquent in not tendering required Federation Union dues or service fees, specifying the current dues or service fees, specifying the current amount of the delinquency delinquency, and warning him the employee that unless delinquent dues or service fees are paid and a properly executed Authorization for Checkoff of Dues dues form is tendered within ten (10) working days of such notice, he the employee shall be reported to the Board of Trustees or designee for termination as provided for in this Article. b. The Federation Union shall give a copy of the letter sent to the Faculty member employee and include the following written notice to the Director of Human Resources at the end of the ten (10) day period: The Federation Union certifies that has failed to tender either the periodic and uniformly required Federation Union dues or service fees required as a condition of continued employment under the collective bargaining agreement and demands that, under the terms of this the Agreement, the Board of Trustees shall terminate this Faculty memberemployee. 2. The Director of Human Resources shall communicate the FederationUnion’s request for termination of the Faculty member employee to the Board of Trustees within five (5) working days after receipt of the above letter and noticedays. At the next scheduled public meeting, the Board of Trustees shall terminate the Faculty member employee effective within ten (10) working days of the meeting. 3. A Faculty member An employee terminated under this Article shall not be rehired without the written consent of the FederationUnion. a. Consent to rehire the Faculty member employee shall not be withheld arbitrarily or not capriciously, and the Federation Union shall notify the Employer in writing when consent is withheld, giving the reasons therefore. b. A Faculty member An employee who receives Union consent to be rehired shall reimburse the Federation Union for all past dues or service fees before he is rehired. 4. The Federation Union shall protect and save harmless the Employer from any and all claims, demands, suits, and other forms of liability by reason of action taken or not taken by the Employer for the purpose of complying with Section C of this Article.

Termination for Failure to Comply. 1. A Faculty member An employee in the Bargaining Unit who fails to tender to the Federation Union either periodic and uniformly required Federation Union dues, or in the alternative, service fees in an amount equal to these those dues as set forth in the rules Constitution of the FederationInternational Union, shall be terminated by the Employer, provided the following procedures stipulations are adhered to: a. The Federation Union shall notify the Faculty member employee by certified or registered mail, mail explaining that he is delinquent in not tendering required Federation Union dues or service fees, specifying the current amount of the delinquency delinquency, and warning him that unless delinquent dues or service fees are paid and a properly executed Authorization for Checkoff Check-off of Dues is tendered within ten (10) working days of such notice, he shall be reported to the Board of Trustees for termination as provided for in this Article. b. The Federation Union shall give a copy of the letter sent to the Faculty member employee and include the following written notice to the Director Manager of Human Resources Labor Relations at the end of the ten ten- (10) day period: “The Federation Union certifies that has failed to tender either the periodic and uniformly required Federation Union dues or service fees required as a condition of continued employment under the collective bargaining agreement Agreement, and demands that, that under the terms of this Agreementagreement, the Board of Trustees terminate this Faculty memberemployee.” 2. The Director Manager of Human Resources Labor Relations shall communicate the FederationUnion’s request for termination of the Faculty member employee to the Board of Trustees within five (5) working days after receipt of the above letter and notice. At the next scheduled public meeting, the Board of Trustees shall terminate the Faculty member employee effective within ten (10) working days of the meeting. 3. A Faculty member An employee terminated under this Article shall not be rehired without the written consent of the FederationUnion. a. Consent to rehire the Faculty member employee shall not be withheld arbitrarily or capriciously, nor capriciously and the Federation Union shall notify the Employer in writing when consent is withheld, giving the reasons therefore. b. A Faculty member An employee who receives consent to be rehired shall reimburse the Federation Union for all past dues or service fees and shall pay any reinstatement fee before he is rehired. 4. The Federation Union shall protect and save harmless the Employer from any and all claims, demands, suits, and other forms of liability by reason reasons of action taken or not taken by the Employer for the purpose of complying with Section C of this Article.

Termination for Failure to Comply. 1. A Faculty faculty member in the Bargaining Unit who fails to tender to the Federation either periodic and uniformly required Federation dues, or in the alternative, service fees in an amount equal to these dues as set forth in the rules of the Federation, shall be terminated by the Employer, provided the following procedures are adhered to:: Final Copy: 10/10/06 a. The Federation shall notify the Faculty faculty member by certified or registered mail, explaining that he is delinquent in not tendering required Federation dues or service fees, specifying the current amount of the delinquency and warning him that unless delinquent dues or service fees are paid and a properly executed Authorization for Checkoff of Dues is tendered within ten (10) working days of such notice, he shall be reported to the Board of Trustees for termination as provided for in this Article. b. The Federation shall give a copy of the letter sent to the Faculty faculty member and include the following written notice to the Director of Human Resources at the end of the ten (10) day period: The Federation certifies that has failed to tender either the periodic and uniformly required Federation dues or service fees required as a condition of continued employment under the collective bargaining agreement and demands that, under the terms of this Agreement, the Board of Trustees terminate this Faculty faculty member. 2. The Director of Human Resources Resources/Labor Relations shall communicate the Federation’s 's request for termination of the Faculty faculty member to the Board of Trustees within five (5) working days after receipt of the above letter and notice. At the next scheduled public meeting, the Board of Trustees shall terminate the Faculty faculty member effective within ten (10) working days of the meeting. 3. A Faculty faculty member terminated under this Article shall not be rehired without the written consent of the Federation. a. Consent to rehire the Faculty faculty member shall not be withheld arbitrarily or capriciously, and the Federation shall notify the Employer in writing when consent is withheld, giving the reasons therefore. b. A Faculty faculty member who receives consent to be rehired shall reimburse the Federation for all past dues or service fees before he is rehired. 4. The Federation shall protect and save harmless the Employer from any and all claims, demands, suits, and other forms of liability by reason of action taken or not taken by the Employer for the purpose of complying with Section C of this Article.