Common use of UNION DUES AND PAYROLL DEDUCTION Clause in Contracts

UNION DUES AND PAYROLL DEDUCTION. A. Each bargaining unit member employed on or after July 1, 1987, as a condition of continued employment shall either: 1. On or before the completion of their probationary period or the date of this Agreement, whichever shall be later, join the Union and sign and deliver to the Employer an assignment authorizing the deduction of Union membership dues which authorization shall continue in effect from year to year unless revoked in writing, or 2. Pay a service fee to the Union pursuant to the Union's "Agency Fee and Challenge Procedures." The service fee shall not exceed the non-member's proportionate share of the cost of negotiating and administering this contract. The bargaining unit member may authorize payroll deduction for such fee. In the event that the bargaining unit member shall not pay such service fee directly to the Union or authorize such payment through payroll deduction, the Employer shall, pursuant to MCL 408.477; and at the request of the Union after completion of the procedures in Paragraph 3 hereof, deduct the service fee from the bargaining unit member's wages and remit same to the Union. The Union shall hold the Employer harmless for any and all claims, demands, suits or other forms of liability by reason of action taken or not taken by the Board or its designated agent for the purpose of complying with the provisions of this agency shop agreement herein contained. It is understood that the Union shall have the right to compromise claims which may arise under this save harmless clause; however, it warrants to the Employer that the "Agency Fee and Challenge Procedures," as well as the agency fee charged to non-members, are within the parameters permitted by law. 3. Pursuant to the Chicago Teachers' Union v Xxxxxx, 000 X Xx 0000 (1986) case, the Union has established an "Agency Fee Objection and Challenge Procedure," a copy of which shall be provided to each bargaining unit member by the Union. The remedies set forth in such policy shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement or to any other administrative or judicial procedure. In the event there is a challenge by the fee payor that the Union's "Agency Fee Objection and Challenge Procedure" or the method of its enforcement, information provided thereunder to the fee payor is either legally impermissible or legally inadequate, then the Employer shall be relieved of all contractual responsibility for enforcement of the agency fee for the Union with regard to that individual, and the Union shall pursue its own remedy either at law or in equity. 4. The Union, in all cases of mandatory fee deduction pursuant to MCL 408.477; shall notify the bargaining unit member of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) days for compliance and shall further advise the recipient that a request for wage deduction may be filed with the Employer in the event compliance is not effected. If the bargaining unit member fails to remit the service fee or authorize deduction for same, the Union may request the Employer to make the deduction. The Employer, upon receipt of the request for an involuntary deduction, shall provide the bargaining unit member with an opportunity for a due process hearing limited to the question of whether or not the bargaining unit member has remitted the service fee to the Union or authorized payroll deduction for same. 5. The parties agree that the procedures in the Article relating to the payment or non- payment of the service fee by non-members shall be activated thirty (30) days following the Union's notification to non-members of the fee for that given school year. In such event, it is agreed that the Employee remains obligated for the entire annual representation fee. B. Dues deducted in accordance with Paragraph A will be promptly transmitted to the Union financial officer as designated by the local Union president. Such dues or fees will be deducted from the first paycheck of each month. C. If an Employee shall revoke his/her authorization card or a dispute as to Union membership shall arise, further dues deductions shall cease until the dispute is resolved between the Employee and the Union. If the Employer shall receive notice of revocation of dues check off, it will notify the local Union at the time of transmittal of the Union dues in accordance with Paragraph B above.

UNION DUES AND PAYROLL DEDUCTION. A. Each bargaining unit member employed on or after July 1, 1987, as a condition of continued employment shall either: 1. On or before the completion of their probationary period or the date of this Agreement, whichever shall be later, join the Union and sign and deliver to the Employer an assignment authorizing the deduction of Union membership dues which authorization shall continue in effect from year to year unless revoked in writing, or 2. Pay a service fee to the Union pursuant to the Union's "Agency Fee and Challenge Procedures." The service fee shall not exceed the non-member's proportionate share of the cost of negotiating and administering this contract. The bargaining unit member may authorize payroll deduction for such fee. In the event that the bargaining unit member shall not pay such service fee directly to the Union or authorize such payment through payroll deduction, the Employer shall, pursuant to MCL MCLA 408.477; and at the request of the Union after completion of the procedures in Paragraph 3 hereof, deduct the service fee from the bargaining unit member's wages and remit same to the Union. In the event the Employer is prohibited by law to deduct the service fee from a bargaining unit member who does not authorize the deduction of the service fee, the Employer, at the request of the Union, shall terminate the employment of such bargaining unit member upon completion of the procedures contained in Paragraph 4a. The parties expressly agree that the failure of any bargaining unit member to comply with the provisions of this Article is just cause for discharge from employment. The Union shall hold the Employer harmless for any and all claims, demands, suits or other forms of liability by reason of action taken or not taken by the Board or its designated agent for the purpose of complying with the provisions of this agency shop agreement herein contained. It is understood that the Union shall have the right to compromise claims which may arise under this save harmless clause; however, it warrants to the Employer that the "Agency Fee and Challenge Procedures," as well as the agency fee charged to non-members, are within the parameters permitted by law. 3. Pursuant to the Chicago Teachers' Union v Xxxxxx, 000 X Xx 0000 (1986) case, the Union has established an "Agency Fee Objection and Challenge Procedure," a copy of which shall be provided to each bargaining unit member by the Union. The remedies set forth in such policy shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement or to any other administrative or judicial procedure. In the event there is a challenge by the fee payor that the Union's "Agency Fee Objection and Challenge Procedure" or the method of its enforcement, information provided thereunder to the fee payor is either legally impermissible or legally inadequate, then the Employer shall be relieved of all contractual responsibility for enforcement of the agency fee for the Union with regard to that individual, and the Union shall pursue its own remedy either at law or in equity. 4. The Union, in all cases of mandatory fee deduction pursuant to MCL MCLA 408.477; shall notify the bargaining unit member of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) days for compliance and shall further advise the recipient that a request for wage deduction may be filed with the Employer in the event compliance is not effected. If the bargaining unit member fails to remit the service fee or authorize deduction for same, the Union may request the Employer to make the deduction. The Employer, upon receipt of the request for an involuntary deduction, shall provide the bargaining unit member with an opportunity for a due process hearing limited to the question of whether or not the bargaining unit member has remitted the service fee to the Union or authorized payroll deduction for same. a. In the event, as provided in Subsection 1, above, the Union wishes to request the Employer to terminate the employment of a bargaining unit member for violating this Article, the Union shall first notify the bargaining unit member of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) days for compliance and shall further advise the recipient that a request for discharge may be filed with the Employer in the event compliance is not effected. If the bargaining unit member in question denies that he/she has failed to pay the service fee, then he/she may request, and shall receive, a hearing before the Employer limited to the question of whether he/she has failed to pay the service fee. 5. The parties agree that the procedures in the Article relating to the payment or non- payment of the service fee by non-members shall be activated thirty (30) days following the Union's notification to non-members of the fee for that given school year. In such event, it is agreed that the Employee remains obligated for the entire annual representation fee. B. Dues deducted in accordance with Paragraph A will be promptly transmitted to the Union financial officer as designated by the local Union president. Such dues or fees will be deducted from the first paycheck of each month. C. If an Employee shall revoke his/her authorization card or a dispute as to Union membership shall arise, further dues deductions shall cease until the dispute is resolved between the Employee and the Union. If the Employer shall receive notice of revocation of dues check off, it will notify the local Union at the time of transmittal of the Union dues in accordance with Paragraph B above.