Fair Share Sample Clauses
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Fair Share. Each teacher, as a condition for his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision,...
Fair Share. Any employee who is not a member in good standing of the Union or ceases to be a member in good standing of the Union shall be required to pay a fair share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. The Employer shall deduct from the wages of any employee the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient and conclusive documentation, that:
a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation to pay dues under this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and;
b. The Union has provided reasonable notification to the employee of his/her obligation under this Article, of the manner in which the Union has calculated the fair-share fee, and of the Union’s fair-share-objection procedure, and;
c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employee, or any difference or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution of any difference or dispute between the Union and the Employer co...
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 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. 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. 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. A. Each bargaining unit member, as a condition of his/her employment, on or before thirty (30) calendar days from the date of commencement of duties or the effective date of this Agreement, whichever is later, shall join the Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of members of the Association, including local, state and national dues.
B. In the event that the bargaining unit member does not pay his/her fair share fee directly to the Association by a certain date established by the Association, the Board shall deduct the fair share fee from the wages of the non-member, upon receipt of written notice from the Association setting forth the bargaining unit member(s) for who(m) such deduction will be made, the amount of the fair share fee, and the method by which the fair share was calculated.
C. Such fee shall be paid to the Association by the Board no later than ten (10) calendar days following deduction.
D. In the event of any legal action against the Employer 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 Employer gives immediate notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and
2. The Employer 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 appellate levels.
E. The Association agrees that in any action so defended, it will indemnify and hold harmless the Employer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the Employer's non-negligent compliance with this article.
F. The obligation to pay a fair share fee will not apply to any employee who, on the basis of a bonafide religious ▇▇▇▇▇ or teaching of a church or religious body of which such employee is a member or a belief sincerely held with the strength of traditional religious views, objects to the payment of a fair share fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment on behalf of the employee to a mutually agreeable non-religious charitable organization as per Association policy and the Rules and Regulations of the Illinoi...
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. 1. Each Bargaining Unit Member, as a condition of his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, shall join the Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of members of the Association, including local, state and national dues.
2. In the event that the Bargaining Unit Member does not pay his/her fair share fee directly to the Association by a certain date as established by the Association, the Board shall deduct the fair share fee from the wages of the non-member.
3. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction.
4. In the event of any legal action against the Employer 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:
A. The Employer gives immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires; and,
B. The Employer gives full and complete cooperation to the Association and its council in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.
5. The Association agrees that in any action so defended, it will indemnify and hold harmless the Employer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the Employer's compliance with this Article. It is expressly understood that this save harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article.
6. The obligation to pay a fair share fee will not apply to any Employee who, on the basis of a bonafide religious ▇▇▇▇▇ or teaching of a church or religious body of which such Employee is a member, object to the payment of a fair share fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment in behalf of the Employee to a mutually agreeable non-religious charitable organization as per Association policy and the Rules and Regulations of the Illinois Education Labor Relations Board.
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.