Section 14.3. 24 The parties recognize that an employee should have the option of declining to participate as a member in 25 the Association, yet contribute financially to the activities of the Association in representing such 26 employee as a member of the collective bargaining unit. Therefore, as an alternative to, and in lieu of the 27 membership requirements of the previous sections of this Article, an employee who declines membership 28 in the Association may pay to the Association each month a service charge as a contribution towards the 29 administration of this Agreement in an amount not to exceed the regular monthly dues. This service 30 charge shall be collected by the Association in the same manner as monthly dues.
Section 14.3. 15 The parties recognize that an employee shall have the option of declining to participate as a member in the 16 Association. However, those employees who are not members, but are part of the bargaining unit, shall be 17 required to pay a representation fee to the Association. The representation fee shall be regarded as fair 18 compensation and reimbursement to the Association for fulfilling its legal obligation to represent all 19 members of the bargaining unit. The amount of the fee is equivalent to the current agency fee, as 20 determined by the Association not later than December 1 of the instructional year.
Section 14.3. 46 The Association and its affiliates will defend, indemnify, and hold the District harmless against all 47 liability, including allegations, claims, actions, suits, demands, damages, obligations, losses, 1 settlements, judgments, costs and expenses (including attorneys’ fees) that arise out of any action taken 2 or not taken by the District in implementation of this section. 6 A R T I C L E X V 8 GRIEVANCE PROCEDURE 10 Section 15.1.
Section 14.3. 40 If the Association is not satisfied with the disposition of the grievance at the previous step, the 41 Association can submit the grievance to arbitration before an impartial arbitrator. The arbitrator shall 42 be selected by the American Arbitration Association in accord with its rules, which shall likewise 43 govern the arbitration proceeding. Neither the employer nor the Association shall be permitted to 44 assert, in such arbitration proceeding, any grounds not previously disclosed to the other party. 46 The arbitrator shall be without power to authority to render a decision which could require the 47 commission of an act prohibited by law or which is contrary to the terms of the agreement. The 48 arbitrator shall have no power to add to, subtract from, modify, or amend any of the terms of this 1 agreement. The arbitrator shall have no power to substitute his/her discretion for that of the board in 2 any matter that has not been specifically contracted away by the board via the express terms and 3 conditions of this agreement. The arbitrator shall be without power or authority to assess punitive 4 damages against either party. The decision of the arbitrator will be submitted to the Association and 5 the board and will be final and binding upon them. The costs and expenses of the arbitrator will be 6 borne equally by the Association and by the District. All other costs will be borne by the party 7 incurring them. 11 ARTICLE XV 12
Section 14.3. 27 Transportation must be cleared with the District as much as possible. Paid transportation expense 28 allowed will be for the lesser of: (A) normal and reasonable expenses from the District Administrative 29 Office to the training location and return or (B) normal and reasonable expenses from the employee's 30 principal residence to the training location and return.
Section 14.3. 25 Employees will be reimbursed at the base hourly rate for all hours spent in District approved training if 26 such training occurs at times other than regularly scheduled work shifts, otherwise employees shall be 27 compensated at base hourly rate. Approved training hours as provided in Section 14.5.4. will be 28 compensated.
Section 14.3. 8 Employees shall be paid their base hourly rate for all time spent in first-aid classes and meetings 9 required by the District.
Section 14.3. 38 The grievance hearings, except arbitration hearings, shall not take place on the grieving employees 39 work time. Arbitration hearings shall be scheduled by the arbitrator. The employer shall not 40 discriminate against any individual employee or the Association for taking action under this Article.
Section 14.3. In the event any such terms, provisions or conditions become inoperative and of no effect, either party to this Agreement may open the same for bargaining only as to substitute provisions, if any, for those provisions made inoperative upon a thirty (30) days’ written notice to the other party. It is specifically understood that the no-strike and no-lockout provision set forth elsewhere in this Agreement shall remain in effect throughout the term of this Agreement.