2k Fair Share Clause Examples for Any Agreement
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Fair Share. 1. It is recognized that the Senate's duty as the sole and exclusive bargaining agent entails expenses for collective bargaining and contract administration which appropriately are shared by all faculty members who are beneficiaries of this agreement. To this end, if a faculty member does not join the Xxxx County College Teachers Union within fourteen (14) days after posting of the notice required in subparagraph (b), the Board shall deduct a sum equivalent to the proportionate share of the cost of the services rendered by the CCCTU for collective bargaining and contract administration in its role as a sole and exclusive bargaining agent in equal payments from the regular salary check of the faculty member in the same manner as it deducts dues for members of the CCCTU provided:
a) The CCCTU has posted the appropriate notices of the imposition of such Fair Share fee in accordance with the rules and regulations of the IELRB; and,
b) The CCCTU has annually certified in writing to the Board the amount of such Fair Share fee and has annually certified in writing to the Board that such notice has been posted.
2. The Board shall begin such Fair Share fee deduction no earlier than fourteen (14) days (or any later period as required by the Rules and Regulations of
3. The Senate and the CCCTU agree to defend, indemnify and save the Board harmless against any claims, demand, suit, or other form of liability which may arise by reason of any action taken by the Senate, the CCCTU, or the Board in complying with the provisions of this section, including reimbursement for any legal fees or expenses incurred in connection therewith.
4. In the event a faculty member objects to the amount of such fee, the Board shall continue to deduct the fee and the Board shall transmit the fee (or the portion of the fee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Board shall continue to transmit such fee to the IELRB until further order of the Board. If the faculty member is entitled to a refund, the faculty member shall receive such refund, plus any interest earned on the refund during pendency of the action.
5. If a faculty member declares the right of non-association based upon bona fide religious tenets or teaching, or a church, or religious body of which such faculty member is a member, such faculty member shall be required to pay an amount equal to the faculty member's proportionate share to a non- religious charitable ...
Fair Share. Commencing on the effective date of this Agreement, or within thirty days from their date of hire by the Board of Education, bargaining unit employees who do not become members of the Union shall pay to the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members under State and Federal law. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with Federal and State law and the Rules of the Illinois Educational Labor Relations Board (IELRB). Such fair share payment by covered non-members shall be deducted by the Board from the earnings of covered non-members and remitted to the Union within ten work days of said deduction unless the Board is required to remit a fee to the IELRB for escrow. In no event shall the Board begin such fair share fee deduction earlier than fourteen days (or any later period as required by the Rules and Regulations of the IELRB) after certification by the Union as provided in the previous paragraph. The Union and the Board shall comply with the Rules of IELRB concerning notice, objections, and related matters contained in its fair share fees. The fair share notice posted by the Union shall advise the covered non-members of their right to so object and of the procedure for so doing. If a covered non-member established the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such employees are members, such covered non-member shall be required to pay an amount equal to the covered non-members fair share to a non-religious charitable organization mutually agreed upon by the employee and the Union. If the employee and the Union are unable to reach agreement on the matter, a charitable organization shall be selected from a list established and approved by the IELB in accordance with its Rules. The Board agrees to notify the Union promptly in writing of any written claim, demand or suit in regard to which it will seek to implement the provisions of the previous paragraph, and if the Union so requests in writing, to surrender any claims, demands, suits or other forms of liability to the Union for defense. If, during the term of this Agreement, the IELRB or a court of competent jurisdiction rules any part of this Article void or not enforceable, the Union and the Board agree to convene negotiations on this matter immediately for the sole purpose of...
Fair Share a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996, or upon their initial appointment, and continuing during the term of this Agreement, so long as they remain non-members of the Union, shall pay to the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members under state and federal law. This provision shall be in effect for the duration of this Agreement.
b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules.
c. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow.
d. The University shall provide the Union with the names of all employee non-members of the Union from whose earnings the fair share payment shall be deducted. It shall also provide the Union space to post a notice concerning fair share and appeal procedures.
e. The Union and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules.
f. Upon adoption of any Union internal appeal procedure, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein.
g. The Union shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board for the purpose of complying with the above provisions of this Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions.
h. If, during the term of this Agreement, the Labor Board or a court of competent jurisdiction rules any part of this Article void or not enforceable, the Union and the Board agree to convene negotiations on this matter immediately for the sole purpose of bringing this Article into compliance with the standards or rulings of said Labor Board or court.
Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon by the teacher and the Association. If the affected non-member and the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organization. The Association shall indemnify and hold harmless the District, its members, officers, agents and employees from any, against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that arise out of or by reason of any action taken or not taken by the District for the purpose of complying with the above provisions of this Article, or in reliance upon any list, notice, certification, affidavit or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and ...
Fair Share. A. It is recognized that the negotiation and administration of this Agreement results in expenses, which are appropriately shared by all Teachers. To this end, if a Teacher does not join the Association within thirty (30) calendar days of commencement of his/her duties, or the effective date of this Agreement, whichever is later, such Teacher(s) will:
1. Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the collective bargaining process and contract administration.
2. Pay directly to the Association a like sum.
B. Board Collection of Fees In the event that the Teacher does not execute an authorization or does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following the commencement of employment of the Teacher or the effective date of this Agreement, whichever is later, the Board shall deduct the fair share fee in equal payments from the regular salary check of the Teacher. Such fee shall be paid to the Association by the Board no later than ten (10) business days following deduction.
C. Hold Harmless Provision In the event of any legal action against the Board brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. The Board notifies the Association promptly in writing and permits the Association to intervene as a party if it so desires.
2. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.
3. The Association shall indemnify and hold harmless the Board, its members, officers, agents and Teachers from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the Board for the purposes of complying with the above provisions of this Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. It is expressly understood that this hold harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of willful misconduct by the Board.
Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members who are beneficiaries of the Agreement. To this end, if a Staff Member does not join the Union, such Staff Member will:
5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or
5.17.1.2 Pay directly to the Union a like sum.
5.17.2 In the event such an authorization is not signed or such payment is not made within thirty (30) days following the commencement of employment of the Staff Member or the effective date of this Agreement, whichever is later, the District shall, after notification in writing from the Union, deduct such amount in equal payments from the regular salary check of the Staff Member.
5.17.3 The Union shall annually certify to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations of the Illinois Educational Labor Relations Board. Such certification shall be made in writing by the Union president and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action.
5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member shall be required to pay an amount equal to the Staff Member’s proportionate share to a nonreligious charitable organization mutually agreed upon by the Staff Member and the Union. If the Staff Member and the Union are unable to reach agreement on the matter, the charitable organization shall be selected from a list established and approved by the Illinois Educational Labor Relations Board in accordance with its rules.
5.17.5 The Uni...
Fair Share. The terms of the contract have been made for all employees in the bargaining unit, not solely for members of the Union. The parties recognize that it is fair that each employee in the bargaining unit should bear a fair share of the costs incurred by the Union in meeting its responsibilities as a recognized bargaining unit representative. Each employee not exempt under recognition of this contract shall, within thirty (30) days of hire, have deducted monthly from their pay by the State, a sum equal to the amount of current Union dues. Such sum shall constitute the employee's dues if the employee is a member of the Union, or shall otherwise constitute that employee's fair and equitable contribution to the expenses of administering this contract on the employee's behalf by the Union. Such deduction shall be made only if accrued earnings are sufficient to cover the service fee after all other authorized payroll deductions have been made. The deduction and disbursement to the Union of dues and service fees provided herein shall be accomplished monthly by the State and payment to the Union shall be made on or before the fifteenth day following the date such deductions were made. Any employee who is a member of a bona fide religious organization which teaches as a doctrine of faith that payment of Union dues is wrong may follow the procedures allowed by State law to have in lieu of dues payment paid to a non-religious charity. The Union shall indemnify and save the Agency harmless against any and all claims, damages, suits or other forms of liability which may arise out of any action taken or not taken by the Agency for the purpose of complying with the provisions of this section.
Fair Share. Section 9.1 On the first pay period of each month, the Agency shall deduct from the wages of employees in the bargaining unit who are members of the Union and who have requested such deductions pursuant to ORS 292.055 a sum equal to Union dues. This deduction shall begin on the first payroll period following such authorization and shall continue from month to month for the life of this Agreement.
Section 9.2 Employees in the bargaining unit who are not members of the Union shall make payments in lieu of dues to the Union. Payments in lieu of dues shall be the equivalent of regular Union dues. Beginning with the first payroll period after the execution of this Agreement and on each period thereafter, the Agency will deduct from the wages of each bargaining unit employee who is not a Union member the payments in lieu of dues required by this Article. Similar deductions will be made in a similar manner from the wages of new bargaining unit employees who do not become members of the Union within thirty (30) days after the effective date of their employment. The Agency shall remit a payment for all said deductions to the Union by the 20th of the month after the deductions are made. Said payment shall be accompanied by a listing of the names and social security numbers of all employees from who deductions were made.
Section 9.3 Dues and payments in lieu of dues for employees working less than twenty (20) hours per week will be on a prorated basis as outlined by Union policy. It shall be the responsibility of the Agency's payroll department to notify the Union of employee's names and social security numbers working less than twenty (20) hours per week or less than thirty-two (32) hours per month for the purpose of prorating dues or fair share.
Section 9.4 During the life of this Agreement, the Union will notify the Agency periodically of individuals who have become members of the Union and to whom the Fair Share provisions of this Article will not thereafter apply.
Section 9.5 Any employee who is a member of a church or religious body having bona fide religious tenets or teachings which prohibit association with a labor organization, or the payment of dues to it, shall pay an amount of money equivalent to regular Union dues to a non-religious charity or to another charitable organization mutually agreed upon by the employee affected and the Union. The employee shall furnish written proof to the Agency that this has been done. Notwithstanding an employee's claim o...
Fair Share. All full-time TEACHER AIDES who are not members of the Union shall, sixty (60) days after their initial employment, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, pay to the Union each month their fair share of the cost of the services rendered by the Union that are chargeable to non-members under state and federal law. Full- time teacher aides employed, and receiving their first pay prior to June 30, 2003, shall be exempted from the Fair Share provisions, provided they are continuously employed in the bargaining unit. The Union shall certify to the Board the amount of the fair share fee, not to exceed the dues uniformly required of members of the Union, and shall supply the Board and the non-members a copy of the basis of the calculation of the fee. The fair share fee payment shall be deducted by the Board from the earnings of the non-member Teacher Aides and paid to the Union. Non-member Teacher Aides who object to the amount of the fair share fee have the right to file an unfair labor practice charge against the Union pursuant to paragraph 1714(b) (1) of the Illinois Educational Labor Relations Act. Upon any such filing and notice of such to the Union, the Union shall place in an interest- bearing escrow account, separated from other funds held by the Union, the amount of each objector’s fair share payments made, and to be made, pending resolution of the charge, which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of the charge and any judicial review pursuant to the Act. If a non-member Teacher Xxxx declares the right of non-association based either upon bonafide religious tenets, or teachings of a church or religious body of which such Teacher Aide is a member, or upon philosophical differences, such non-member shall be required to pay an amount equal to the Teacher Aide’s proportionate fair share, as determined under this fair share agreement, to a non-religious charitable organization mutually agreed upon by the non-member and the Union from a list compiled by the Union and the Board. If the affected Teacher Aide and the Union are unable to reach an agreement on the matter, the Teacher Aide may select a charitable organization for receipt of the payment from an approved list established by the Illinois Educational Labor Relations Board. The Union shall indemnify and hold harmless the Board, its members, officers, agents and...
Fair Share. The County hereby recognizes the Fair Share Principle as set forth in Wisconsin Statute 111.70, as amended. The Union, as the exclusive representative of all the employees in the bargaining unit, shall represent all such employees, both Union and non-union, fairly and equally, and all employees in the bargaining unit shall be required to pay their proportionate share of the cost of such representation as set forth in this Article.