Common use of Bargaining Agent Security Clause in Contracts

Bargaining Agent Security. Section 5.1 This Agreement shall be binding upon the successors and assignees of the parties hereto during the term of this contract, and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by the consolidation, merger, or annexation, transfer or assignment of either party hereto, or affected, modified, altered, or changed in any respect whatsoever by any change of any kind in the ownership, or management, of either party hereto or by change geographically, or place of business of either party hereto. Section 5.2 The employer agrees to deduct, bi-weekly, dues and assessments in the amount certified to be correct by the Secretary of the FOP, from the pay of those employees who individually request by means of payroll deduction card authorization that such deductions be made. The Employer further agrees to deduct, bi-weekly, a service fee from the wages of those employees who are in the bargaining unit but who are non-members of the FOP, Lodge 123, upon the condition that non-FOP employees execute and keep effective a valid payroll deduction authorization. The amount of this service fee shall be uniform among all non-FOP employees. The total amount of deductions shall be remitted by the Employer to the Treasurer of the FOP. This authorization shall remain in force until canceled by the employee; cost for the Payroll Deduction Service shall be charged by the City in accordance with the following: (a) Any extra work or expense incurred by the City because of requests or delays in furnishing information, materials, or supplies, by the FOP, or due to the furnishing of indefinite, erroneous or conflicting data, shall be paid for or borne by the FOP. The charges are to be based on the City’s actual cost and will be due and owing to the City upon delivery of an itemized invoice to the FOP. (b) For normal services contemplated by this section the FOP shall be charged Two Hundred Fifty Dollars ($250.00) annually, covering the period of this agreement. The FOP shall remit the above in twelve (12) equal installments prior to and before the fifth (5th) day of each month. (c) The City shall not be liable either at law or equity for any damages incurred by the FOP, which occurs from the City’s non-performance or delay of the duties and obligations of this Article 5, Section 5.2 covenant, where such non-performance or delay is due to fire, electrical or machine failure, strike, lockout, governmental order or regulation, or any other failure similar or dissimilar beyond the City’s reasonable control. Section 5.3 The president of the Fraternal Order of Police, Lodge 123, shall be assigned Special Duty out of the Police Chief’s Office to conduct FOP Lodge 123 business. Section 5.4 Upon giving five (5) days written notice acknowledged by the appropriate Bureau Chief of Police, representative of the FOP Lodge 123 may be granted a reasonable period of time off with pay, by the Chief of Police, to conduct bona fide FOP Lodge 123 business as determined by the Chief of Police. Business to be conducted must be defined and specified at the time the written request is made. The only individuals who may be granted more than twenty (20) days off per year under this section shall be the FOP Secretary and Treasurer, who may be granted up to an additional twenty-four (24) days per year for purposes of performing their official duties, as set forth in the FOP constitution and by-laws. No other individual shall be granted in excess of twenty (20) days off per fiscal year, nor shall a group in excess of five (5) individuals be granted identical time off under this provision. However, nothing shall preclude, upon five (5) days notice as above, the use of vacation or other recognized time off with pay by an individual or group of individuals for bona fide FOP Lodge 123 business. Section 5.5 Employer agrees not to enter into any other agreement, written or verbal, with any employee association or department association which in any way conflicts with the provisions of this Agreement. Employer further agrees not to discriminate against any employee for activity in behalf of, or membership in the FOP Lodge 123. Section 5.6 No officer shall be required to participate in any City sponsored or recognized charity, nor shall any officer be discriminated against for failure to so participate. No officer shall be subjected to a review of his/her personnel records to determine the officer’s participation or non-participation in any City sponsored charity.

Bargaining Agent Security. Section 5.1 This Agreement shall be binding upon the successors and assignees of the parties hereto during the term of this contract, and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by the consolidation, merger, or annexation, transfer or assignment of either party hereto, or affected, modified, altered, or changed in any respect whatsoever by any change of any kind in the ownership, or management, of either party hereto or by change geographically, or place of business of either party hereto. Section 5.2 The employer agrees to deduct, bi-weekly, dues and assessments in the amount certified to be correct by the Secretary of the FOP, from the pay of those employees who individually request by means of payroll deduction card authorization that such deductions be made. The Employer further agrees to deduct, bi-weekly, a service fee from the wages of those employees who are in the bargaining unit but who are non-members of the FOP, Lodge 123, upon the condition that non-FOP employees execute and keep effective a valid payroll deduction authorization. The amount of this service fee shall be uniform among all non-FOP employees. The total amount of deductions shall be remitted by the Employer to the Treasurer of the FOP. This authorization shall remain in force until canceled by the employee; cost for the Payroll Deduction Service shall be charged by the City in accordance with the following: (a) Any extra work or expense incurred by the City because of requests or delays in furnishing information, materials, or supplies, by the FOP, or due to the furnishing of indefinite, erroneous or conflicting data, shall be paid for or borne by the FOP. The charges are to be based on the City’s actual cost and will be due and owing to the City upon delivery of an itemized invoice to the FOP. (b) For normal services contemplated by this section the FOP shall be charged Two Hundred Fifty Dollars ($250.00) annually, covering the period of this agreement. The FOP shall remit the above in twelve (12) equal installments prior to and before the fifth (5th) day of each month. (c) The City shall not be liable either at law or equity for any damages incurred by the FOP, which occurs from the City’s non-performance or delay of the duties and obligations of this Article 5, Section 5.2 covenant, where such non-performance or delay is due to fire, electrical or machine failure, strike, lockout, governmental order or regulation, or any other failure similar or dissimilar beyond the City’s reasonable control. Section 5.3 The president of the Fraternal Order of Police, Lodge 123, shall be assigned Special Duty out of the Police Chief’s Office to conduct FOP Lodge 123 business. Additionally, a second position shall be assigned Special Duty out of the Police Chief’s Office to conduct FOP Lodge 123 business, subject to the following conditions: FOP shall reimburse the City for the full cost associated with the position, as specified in the Memorandum of Understanding (“MOU”) outlining the costs of the 2nd FOP position and executed by the parties, less $50,000.00. Upon assignment to the FOP duty, the officer will no longer be eligible for receipt of any incentive payments or shift differential that may have been received while on active department duty. The second Lodge position shall be limited to the rank of Captain or below. Effective July 1, 2019, the City will absorb $50,000.00 of the annual cost of the 2nd FOP position. The FOP shall remit payment to the City on or before the 5th of every month in an amount equal to 1/12 of the annual sum in the above-referenced MOU, less $50,000.00. If payment is not remitted, the special duty shall be revoked and the member will be reassigned to duty with the Police Department. The FOP shall determine which officer shall be assigned to this second position, and advise the Chief of Police by February 1, of each year. The MOU containing the amounts of the wages and benefits for the officer assigned to the second position shall be executed by the parties prior to the assignment beginning, and updated each year for any adjustments in pay or benefits, or for a different officer being assigned to the second position. The beginning date of the second Lodge position shall be 14 days after notification to the Chief from the FOP president. The FOP may discontinue this second position assignment upon 30 days notice to the Chief. Section 5.4 Upon giving five (5) days written notice acknowledged by the appropriate Bureau Chief of Policenotice, representative representative(s) of the FOP Lodge 123 may be granted a reasonable period of time off with pay, by the Chief of Police, to conduct bona fide FOP Lodge 123 business as determined by the Chief of Police. Business to be conducted must be defined and specified at the time the written request is made. The only individuals who may be granted more than twenty (20) days off per year under this section shall be the Specifically, FOP Secretary and Treasurer, who Executive Board members may be granted up to an additional twentyforty-four (2444) days off per fiscal year under this section for purposes of performing their official duties, as set forth in the FOP constitution and by-laws. No other individual shall be granted in excess of twenty more than an additional one hundred (20100) days off per fiscal year, nor shall as a cumulative total, will be granted for non Executive Board members. No group in excess of five (5) individuals shall be granted identical time off under this provision. However, nothing shall preclude, upon five (5) days notice as above, the use of vacation or other recognized time off with pay by an individual or group of individuals for bona fide FOP Lodge 123 business. Section 5.5 Employer agrees not to enter into any other agreement, written or verbal, with any employee association or department association which in any way conflicts with the provisions of this Agreement. Employer further agrees not to discriminate against any employee for activity in on behalf of, or membership in the FOP Lodge 123. Section 5.6 No officer shall be required to participate in any City sponsored or recognized charity, nor shall any officer be discriminated against for failure to so participate. No officer shall be subjected to a review of his/her personnel records to determine the officer’s participation or non-participation in any City sponsored charity.

Bargaining Agent Security. Section 5.1 This Agreement shall be binding upon the successors and assignees of the parties hereto during the term of this contract, and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by the consolidation, merger, or annexation, transfer or assignment of either party hereto, or affected, modified, altered, or changed in any respect whatsoever by any change of any kind in the ownership, or management, of either party hereto or by change geographically, or place of business of either party hereto. Section 5.2 The employer agrees to deduct, bi-weekly, dues and assessments in the amount certified to be correct by the Secretary of the FOP, from the pay of those employees who individually request by means of payroll deduction card authorization that such deductions be made. The Employer further agrees to deduct, bi-weekly, a service fee from the wages of those employees who are in the bargaining unit but who are non-members of the FOP, Lodge 123, upon the condition that non-FOP employees execute and keep effective a valid payroll deduction authorization. The amount of this service fee shall be uniform among all non-FOP employees. The total amount of deductions shall be remitted by the Employer to the Treasurer of the FOP. This authorization shall remain in force until canceled by the employee; cost for the Payroll Deduction Service shall be charged by the City in accordance with the following: (a) Any extra work or expense incurred by the City because of requests or delays in furnishing information, materials, or supplies, by the FOP, or due to the furnishing of indefinite, erroneous or conflicting data, shall be paid for or borne by the FOP. The charges are to be based on the City’s actual cost and will be due and owing to the City upon delivery of an itemized invoice to the FOP. (b) For normal services contemplated by this section the FOP shall be charged Two Hundred Fifty Dollars ($250.00) annually, covering the period of this agreement. The FOP shall remit the above in twelve (12) equal installments prior to and before the fifth (5th) day of each month. (c) The City shall not be liable either at law or equity for any damages incurred by the FOP, which occurs from the City’s non-performance or delay of the duties and obligations of this Article 5, Section 5.2 covenant, where such non-performance or delay is due to fire, electrical or machine failure, strike, lockout, governmental order or regulation, or any other failure similar or dissimilar beyond the City’s reasonable control. Section 5.3 The president of the Fraternal Order of Police, Lodge 123, shall be assigned Special Duty out of the Police Chief’s Office to conduct FOP Lodge 123 business. Additionally, a second position shall be assigned Special Duty out of the Police Chief’s Office to conduct FOP Lodge 123 business, subject to the following conditions: FOP shall reimburse the City for the full cost associated with the position, as specified in the Memorandum of Understanding (“MOU”) executed by the parties. Upon assignment to the FOP duty, the officer will no longer be eligible for receipt of any incentive payments or shift differential that may have been received while on active department duty. The second Lodge position shall be limited to the rank of Captain or below. The FOP shall remit payment to the City on or before the 5th of every month once the FOP duty for the second position begins and payment shall be an amount equal to 1/12 of the annual sum specified in the MOU. If payment is not remitted, the special duty shall be revoked and the member will be reassigned to duty with the Police Department. The FOP shall determine which officer shall be assigned to this second position, and advise the Chief of Police by February 1 of each year. The Memorandum of Understanding (“MOU”) containing the amounts of the wages and benefits for the officer assigned to the second position shall be executed by the parties prior to the assignment beginning, and updated each year for any adjustments in pay or benefits, or for a different officer being assigned to the second position. The beginning date of the second Lodge position shall be 14 days after notification to the Chief from the FOP president. The FOP may discontinue this second position assignment upon 30 days notice to the Chief. Section 5.4 Upon giving five (5) days written notice acknowledged by the appropriate Bureau Chief of Policenotice, representative representative(s) of the FOP Lodge 123 may be granted a reasonable period of time off with pay, by the Chief of Police, to conduct bona fide FOP Lodge 123 business as determined by the Chief of Police. Business to be conducted must be defined and specified at the time the written request is made. The only individuals who may be granted more than twenty (20) days off per year under this section shall be the Specifically, FOP Secretary and Treasurer, who Executive Board members may be granted up to an additional twentyforty-four (2444) days off per fiscal year under this section for purposes of performing their official duties, as set forth in the FOP constitution and by-laws. No other individual shall be granted in excess of twenty more than an additional one hundred (20100) days off per fiscal year, nor shall as a cumulative total, will be granted for non Executive Board members. No group in excess of five (5) individuals shall be granted identical time off under this provision. However, nothing shall preclude, upon five (5) days notice as above, the use of vacation or other recognized time off with pay by an individual or group of individuals for bona fide FOP Lodge 123 business. Section 5.5 Employer agrees not to enter into any other agreement, written or verbal, with any employee association or department association which in any way conflicts with the provisions of this Agreement. Employer further agrees not to discriminate against any employee for activity in on behalf of, or membership in the FOP Lodge 123. Section 5.6 No officer shall be required to participate in any City sponsored or recognized charity, nor shall any officer be discriminated against for failure to so participate. No officer shall be subjected to a review of his/her personnel records to determine the officer’s participation or non-participation in any City sponsored charity.

Bargaining Agent Security. Section 5.1 This Agreement shall be binding upon the successors and assignees of the parties hereto during the term of this contract, and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by the consolidation, merger, or annexation, transfer or assignment of either party hereto, or affected, modified, altered, or changed in any respect whatsoever by any change of any kind in the ownership, or management, of either party hereto or by change geographically, or place of business of either party hereto. Section 5.2 The employer agrees to deduct, bi-weekly, dues and assessments in the amount certified to be correct by the Secretary of the FOP, from the pay of those employees who individually request by means of payroll deduction card authorization that such deductions be made. The Employer further agrees to deduct, bi-weekly, a service fee from the wages of those employees who are in the bargaining unit but who are non-members of the FOP, Lodge 123, upon the condition that non-FOP employees execute and keep effective a valid payroll deduction authorization. The amount of this service fee shall be uniform among all non-FOP employees. The total amount of deductions shall be remitted by the Employer to the Treasurer of the FOP. This authorization shall remain in force until canceled by the employee; cost for the Payroll Deduction Service shall be charged by the City in accordance with the following: (a) Any extra work or expense incurred by the City because of requests or delays in furnishing information, materials, or supplies, by the FOP, or due to the furnishing of indefinite, erroneous or conflicting data, shall be paid for or borne by the FOP. The charges are to be based on the City’s actual cost and will be due and owing to the City upon delivery of an itemized invoice to the FOP. (b) For normal services contemplated by this section the FOP shall be charged Two Hundred Fifty Dollars ($250.00) annually, covering the period of this agreement. The FOP shall remit the above in twelve (12) equal installments prior to and before the fifth (5th) day of each month. (c) The City shall not be liable either at law or equity for any damages incurred by the FOP, which occurs from the City’s non-performance or delay of the duties and obligations of this Article 5, Section 5.2 covenant, where such non-performance or delay is due to fire, electrical or machine failure, strike, lockout, governmental order or regulation, or any other failure similar or dissimilar beyond the City’s reasonable control. Section 5.3 The president of the Fraternal Order of Police, Lodge 123, shall be assigned Special Duty out of the Police Chief’s Office to conduct FOP Lodge 123 business. Additionally, a second position shall be assigned Special Duty out of the Police Chief’s Office to conduct FOP Lodge 123 business, subject to the following conditions: FOP shall reimburse the City for the full cost associated with the position, as specified in the Memorandum of Understanding (“MOU”) outlining the costs of the 2nd FOP position and executed by the parties, less $50,000.00. Upon assignment to the FOP duty, the officer will no longer be eligible for receipt of any incentive payments or shift differential that may have been received while on active department duty. The second Lodge position shall be limited to the rank of Captain or below. Effective July 1, 2019, the City will absorb $50,000.00 of the annual cost of the 2nd FOP position. The FOP shall remit payment to the City on or before the 5th of every month in an amount equal to 1/12 of the annual sum in the above-referenced MOU, less $50,000.00. If payment is not remitted, the special duty shall be revoked and the member will be reassigned to duty with the Police Department. The FOP shall determine which officer shall be assigned to this second position, and advise the Chief of Police by February 1 of each year. The MOU containing the amounts of the wages and benefits for the officer assigned to the second position shall be executed by the parties prior to the assignment beginning, and updated each year for any adjustments in pay or benefits, or for a different officer being assigned to the second position. The beginning date of the second Lodge position shall be 14 days after notification to the Chief from the FOP president. The FOP may discontinue this second position assignment upon 30 days notice to the Chief. Section 5.4 Upon giving five (5) days written notice acknowledged by the appropriate Bureau Chief of Policenotice, representative representative(s) of the FOP Lodge 123 may be granted a reasonable period of time off with pay, by the Chief of Police, to conduct bona fide FOP Lodge 123 business as determined by the Chief of Police. Business to be conducted must be defined and specified at the time the written request is made. The only individuals who may be granted more than twenty (20) days off per year under this section shall be the Specifically, FOP Secretary and Treasurer, who Executive Board members may be granted up to an additional twentyforty-four (2444) days off per fiscal year under this section for purposes of performing their official duties, as set forth in the FOP constitution and by-laws. No other individual shall be granted in excess of twenty more than an additional one hundred (20100) days off per fiscal year, nor shall as a cumulative total, will be granted for non Executive Board members. No group in excess of five (5) individuals shall be granted identical time off under this provision. However, nothing shall preclude, upon five (5) days notice as above, the use of vacation or other recognized time off with pay by an individual or group of individuals for bona fide FOP Lodge 123 business. Section 5.5 Employer agrees not to enter into any other agreement, written or verbal, with any employee association or department association which in any way conflicts with the provisions of this Agreement. Employer further agrees not to discriminate against any employee for activity in on behalf of, or membership in the FOP Lodge 123. Section 5.6 No officer shall be required to participate in any City sponsored or recognized charity, nor shall any officer be discriminated against for failure to so participate. No officer shall be subjected to a review of his/her personnel records to determine the officer’s participation or non-participation in any City sponsored charity.