Common use of Nonmember Rights Clause in Contracts

Nonmember Rights. A nonmember in the bargaining unit who pays a fair share fee to or whose fee is in the process of collection by the local affiliate in the amount as provided in paragraph 1 above, shall be entitled to all of the rights, privileges, services and assistance enjoyed by regular active members of the Association, except as limited by OAPSE policy. Any nonmember of the Association who elects to continue employment with the Board after a one-hundred twenty (120) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association as the exclusive bargaining agent and shall be liable (subject to civil action for damages in the amount of any unpaid service fee and other assessments) to the Association for the annual service fee assessment. The above fair share fee provision shall be an exclusive right to the Association during the term of this agreement and it will not be granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. The Association hereby assures the Board, its members, officers and administrative employees that the Association’s fair share fee and rebate procedures fully comply with and satisfy legal requirements established by the State Employment Relations Board and the Ohio and federal courts. In the event the deduction of fair share fees is challenged by any employee, deduction of fair share fees for the challenging employee(s) shall continue but the money shall be placed in a separate, interest- bearing escrow account, until such challenge is fully and finally resolved and until all time for appeals has been exhausted by SERB or the appropriate state or federal court.

Appears in 2 contracts

Samples: Agreement, Agreement

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Nonmember Rights. A nonmember in the bargaining unit who pays a fair share fee to or whose fee is in the process of collection by the local affiliate in the amount as provided in paragraph 1 above, shall be entitled to all of the rights, privileges, services and assistance enjoyed by regular active members of the Association, except as limited by OAPSE policy. Any nonmember of the Association who elects to continue employment with the Board after a one-hundred twenty (120) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association as the exclusive bargaining agent and shall be liable (subject to civil action for damages in the amount of any unpaid service fee and other assessments) to the Association for the annual service fee assessment. The above fair share fee provision shall be an exclusive right to the Association during the term of this agreement and it will not be granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. The Association hereby assures the Board, its members, officers and administrative employees that the Association’s 's fair share fee and rebate procedures fully comply with and satisfy legal requirements established by the State Employment Relations Board and the Ohio and federal courts. In the event the deduction of fair share fees is challenged by any employee, deduction of fair share fees for the challenging employee(s) shall continue but the money shall be placed in a separate, interest- interest-bearing escrow account, until such challenge is fully and finally resolved and until all time for appeals has been exhausted by SERB or the appropriate state or federal court.

Appears in 2 contracts

Samples: Public School Employees, Public School Employees

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Nonmember Rights. A nonmember in the bargaining unit who pays a fair share fee to fee, or whose fee is in the process of collection by the local affiliate in the amount as provided in paragraph 1 above, shall be entitled to all of the rights, privileges, services and assistance enjoyed by regular active members of the Association, except as limited by OAPSE OEA policy. Any nonmember of the Association who elects to continue employment with the Board after a one-hundred twenty thirty (12030) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association as the exclusive bargaining agent and shall be liable (subject to a civil action for damages in the amount of any unpaid service fee and other assessments) to the Association for the annual service fee assessment. The above fair share fee provision shall be an exclusive right to of the Association during the term of this agreement Agreement and it will not be granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. The Association hereby assures the Board, its members, officers and administrative employees that the Association’s 's fair share fee and rebate procedures fully comply with and satisfy legal requirements established by the State Employment Relations Board and the Ohio and federal courts. In the event the deduction of fair share fees fee is challenged by any employee, deduction of fair share fees for the challenging employee(s) shall continue but the money shall be placed in a separate, interest- interest-bearing escrow account, until such challenge is fully and finally resolved and until all time for appeals has been exhausted exhausted, with the proceeds of the escrow account to be distributed as directed by SERB or the appropriate state or federal court.

Appears in 1 contract

Samples: serb.ohio.gov

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