Common use of UNION SECURITY AND DEDUCTION OF UNION DUES Clause in Contracts

UNION SECURITY AND DEDUCTION OF UNION DUES. 1. All employees who are presently working under this Agreement shall not be required to become members of the Union, and all new employees hired during the term of this Agreement shall not be required to become members of the Union. 2. Per 423.209 of the Michigan Public Employment Relations Act 336 of 1947: a. Public employees may do any of the following: i. Organize together or form, join, or assist in labor organizations; engage in lawful concerted activities for the purpose of collective negotiation or bargaining or other mutual aid and protection; or negotiate or bargain collectively with their public employers through representatives of their own free choice. ii. Refrain from any or all of the activities identified in subdivision (i). b. No person shall by force, intimidation, or unlawful threats compel or attempt to compel any public employee to do any of the following: i. Become or remain a member of a labor organization or bargaining representative or otherwise affiliate with or financially support a labor organization or bargaining representative. ii. Refrain from engaging in employment or refrain from joining a labor organization or bargaining representative or otherwise affiliating with or financially supporting a labor organization or bargaining representative. iii. Pay to any charitable organization or third party an amount that is in lieu of, equivalent to, or any portion of dues, fees, assessments, or other charges or expenses required of members of or public employees represented by a labor organization or bargaining representative. c. A person who violates subsection (b) is liable for a civil fine of not more than $500.00. A civil fine recovered under this section shall be submitted to the state treasurer for deposit in the general fund of this state. 3. During the term of this Agreement, the College will honor written voluntary assignments of wages to the Union for the payment of Union dues, initiation fees, and special assignments. Such written assignments shall be in a form consistent with the laws of the State of Michigan and this Agreement. The College will continue to honor those written assignments already in its possession provided the assignment/authorization is in a form consistent with applicable law and this Agreement. The College will not be required to honor any authorization for dues deduction that violates or is inconsistent with the provisions set forth herein or inconsistent with the provisions of MCL 423.209 or MCL 423.410, as amended. As used within this Agreement an assignment of wages shall also be considered an authorization to deduct money from an employee’s wages. The College assumes no obligation, financial or otherwise, arising out of any of the provisions of this Article to continue dues deductions once notified in writing by the employee that the employee no longer authorizes deductions. 4. Per 423.210 of the Michigan Public Employment Relations Act 336 of 1947: a. A public employer or an officer or agent of a public employer shall not do any of the following: i. Interfere with, restraint, or coerce public employees in the exercise of their rights guaranteed in section 9 of PERA. ii. Initiate, create, dominate, contribute to, or interfere with the formation or administration of any labor organization. A public employer may permit employees to confer with a labor organization during working hours without loss of time or pay. iii. Discriminate in regard to hire, terms, or other conditions of employment to encourage or discourage membership in a labor organization. iv. Discriminate against a public employee because he or she has given testimony or instituted proceedings under this act. v. Refuse to bargain collectively with the representatives of its public employees, subject to the provisions of section 11 of PERA. b. A labor organization or its agents shall not do any of the following: i. Restrain or coerce public employees in the exercise of the rights guaranteed in section 9 of PERA. This subdivision does not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership. ii. Restrain or coerce a public employer in the selection of its representatives for the purposes of collective bargaining or the adjustment of grievances. iii. Cause or attempt to cause a public employer to discriminate against a public employee in violation of subsection (a) (iii). iv. Refuse to bargain collectively with a public employer, provided it is the representative of the public employer’s employees subject to section 11 of PERA. c. An individual shall not be required as a condition of obtaining or continuing public employment to do any of the following: i. Refrain or resign from membership in, voluntary affiliation with, or voluntary financial support of a labor organization or bargaining representative. ii. Become or remain a member of a labor organization or bargaining representative. iii. Pay any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value to a labor organization or bargaining representative. iv. Pay to any charitable organization or third party any amount that is in lieu of, equivalent, to, or any portion of dues, fees, assessments, or other charges or expenses required of members of or public employees represented by a labor organization or bargaining representative. 5. The Union shall notify the Payroll Department in writing of the amount of such dues, fees, and assignments. The College will cause such dues, fees, and assignments to be remitted promptly to the Union together with a written statement of the names of the employees for whom such deductions were made. Normally, deductions will be made on the last pay period of each month. Once funds are remitted to the Union, the disposition of the funds shall be the sole and exclusive obligation of the Union. In case of an error in such deductions, the Union will make proper adjustments of such errors with the employees concerned. 6. The Union shall indemnify and hold the College harmless against any and all claims, demands, suits, or other forms of liability of whatsoever kind and nature that shall arise out of action taken by the College for the purposes of complying with the provisions of Section B of this Article including any actions and proceedings related to the College’s cessation of dues deductions after being advised in writing by an employee that the employee no longer authorizes deductions. The indemnity and hold harmless provisions include the costs related to defending against any claim, action or proceeding. The provisions of this article related to the College ceasing dues deductions at the written request of the employee shall not be subject to the grievance and arbitration provisions contained within this agreement. 7. In the event the provisions of PERA contained and referenced in this subsection B are modified, the College and the Union will utilize the JLM to determine how to revise this subsection B.

UNION SECURITY AND DEDUCTION OF UNION DUES. 1. All employees who are presently working under this Agreement shall not be required to become members of the Union, and all new employees hired during the term of this Agreement shall not be required to become members of the Union. 2. Per 423.209 of the Michigan Public Employment Relations Act 336 of 1947: a. Public employees may do any of the following: i. Organize together or form, join, or assist in labor organizations; engage in lawful concerted activities for the purpose of collective negotiation or bargaining or other mutual aid and protection; or negotiate or bargain collectively with their public employers through representatives of their own free choice. ii. Refrain from any or all of the activities identified in subdivision (i). b. No person shall by force, intimidation, or unlawful threats compel or attempt to compel any public employee to do any of the following: i. Become or remain a member of a labor organization or bargaining representative or otherwise affiliate with or financially support a labor organization or bargaining representative. ii. Refrain from engaging in employment or refrain from joining a labor organization or bargaining representative or otherwise affiliating with or financially supporting a labor organization or bargaining representative. iii. Pay to any charitable organization or third party an amount that is in lieu of, equivalent to, or any portion of dues, fees, assessments, or other charges or expenses required of members of or public employees represented by a labor organization or bargaining representative. c. A person who violates subsection (b) is liable for a civil fine of not more than $500.00. A civil fine recovered under this section shall be submitted to the state treasurer for deposit in the general fund of this state. 3. During the term of this Agreement, the College will honor written voluntary assignments of wages to the Union for the payment of Union dues, initiation fees, and special assignments. Such written assignments shall be in a form consistent with the laws of the State of Michigan and this Agreement. The College will continue to honor those written assignments already in its possession provided the assignment/authorization is in a form consistent with applicable law and this Agreementagreement. The College will not be required to honor any authorization for dues deduction that violates or is inconsistent with the provisions set forth herein or inconsistent with the provisions of MCL 423.209 or MCL 423.410, as amended. As used within this Agreement agreement an assignment of wages shall also be considered an authorization to deduct money from an employee’s wages. The College assumes no obligation, financial or otherwise, arising out of any of the provisions of this Article to continue dues deductions once notified in writing by the employee that the employee no longer authorizes deductions. 4. Per 423.210 of the Michigan Public Employment Relations Act 336 of 1947: a. A public employer or an officer or agent of a public employer shall not do any of the following: i. Interfere with, restraint, or coerce public employees in the exercise of their rights guaranteed in section 9 of PERA. ii. Initiate, create, dominate, contribute to, or interfere with the formation or administration of any labor organization. A public employer may permit employees to confer with a labor organization during working hours without loss of time or pay. iii. Discriminate in regard to hire, terms, or other conditions of employment to encourage or discourage membership in a labor organization. iv. Discriminate against a public employee because he or she has given testimony or instituted proceedings under this act. v. Refuse to bargain collectively with the representatives of its public employees, subject to the provisions of section 11 of PERA. b. A labor organization or its agents shall not do any of the following: i. Restrain or coerce public employees in the exercise of the rights guaranteed in section 9 of PERA. This subdivision does not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership. ii. Restrain or coerce a public employer in the selection of its representatives for the purposes of collective bargaining or the adjustment of grievances. iii. Cause or attempt to cause a public employer to discriminate against a public employee in violation of subsection (a) (iii). iv. Refuse to bargain collectively with a public employer, provided it is the representative of the public employer’s employees subject to section 11 of PERA. c. An individual shall not be required as a condition of obtaining or continuing public employment to do any of the following: i. Refrain or resign from membership in, voluntary affiliation with, or voluntary financial support of a labor organization or bargaining representative. ii. Become or remain a member of a labor organization or bargaining representative. iii. Pay any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value to a labor organization or bargaining representative. iv. Pay to any charitable organization or third party any amount that is in lieu of, equivalent, to, or any portion of dues, fees, assessments, or other charges or expenses required of members of or public employees represented by a labor organization or bargaining representative. 5. The Union shall notify the Payroll Department in writing of the amount of such dues, fees, and assignments. The College will cause such dues, fees, and assignments to be remitted promptly to the Union together with a written statement of the names of the employees for whom such deductions were made. Normally, deductions will be made on the last pay period of each month. Once funds are remitted to the Union, the disposition of the funds shall be the sole and exclusive obligation of the Union. In case of an error in such deductions, the Union will make proper adjustments of such errors with the employees concerned. 6. The Union shall indemnify and hold the College harmless against any and all claims, demands, suits, or other forms of liability of whatsoever kind and nature that shall arise out of action taken by the College for the purposes of complying with the provisions of Section B of this Article including any actions and proceedings related to the College’s cessation of dues deductions after being advised in writing by an employee that the employee no longer authorizes deductions. The indemnity and hold harmless provisions include the costs related to defending against any claim, action or proceeding. The provisions of this article related to the College ceasing dues deductions at the written request of the employee shall not be subject to the grievance and arbitration provisions contained within this agreement. 7. In the event the provisions of PERA contained and referenced in this subsection B are modified, the College and the Union will utilize the JLM to determine how to revise this subsection B.