Common use of Agency Shop Clause in Contracts

Agency Shop. Pursuant to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act, Government Code Section 3502.5, employees covered by this Memorandum of Understanding (MOU) shall, as a condition of continuing employment, become a member of the Union or shall pay a service fee in lieu of membership dues. Such dues or service fees are as set in accordance with the bylaws of the Union. Any employee hired, promoted, demoted or transferred into a position subject to this MOU shall be provided, by the County, with a Notice of Agency Shop Provision during their first pay period of employment advising the employee of the agency shop agreement with the Union and of the requirement that all employees subject to the MOU must either join the Union or pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemption. The County shall automatically deduct the service fee established by the Union no later than the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership in the Union, or the employee has provided verification of the religious exemption. If the employee has not properly completed the authorization form of his/her choice and returned said form to the Auditor Controller/Treasurer-Tax Collector’s Office, the County shall continue to automatically deduct the service fee and thereafter until such time as the employee has provided a dues deduction form electing membership in the Union or the employee has provided verification of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption fee, or non-germane objector’s fee).

Appears in 3 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

Agency Shop. Pursuant Section A. Current Association members and all new employees hired after July 1, 1994 to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act, Government Code Section 3502.5, employees a position covered by this Memorandum agreement shall within thirty (30) calendar days of Understanding (MOU) shall, as a condition of continuing employment, their hire by the Employer become a member members of the Union Association, or in the alternative, shall pay to the Association each month a service fee, in accordance with its policies and procedures. Section B. Bargaining unit members in accordance with Section A, not joining the Association shall pay a service fee Service Fee to the Association as determined in lieu accordance with the MEA Policy and Procedures Regarding Objections to the Political/Ideological Expenditures. The remedies set forth in this policy shall be exclusive, and unless and until the procedures set forth therein have been availed of membership dues. Such and exhausted, all other administrative and judicial procedures shall be barred. Section C. Upon written authorization by a bargaining unit member, the employer will deduct the appropriate amount of the dues or service fees are as set from the bargaining unit member’s wages. The deductions will be made in accordance equal amounts from the paychecks of the bargaining unit member beginning with the bylaws first pay following receipt of the Union. Any employee hired, promoted, demoted written authorization from the bargaining unit member or transferred into a position subject to this MOU shall be provided, by the County, with a Notice of Agency Shop Provision during their first Association and continuing through the last pay period in June of employment advising the employee of the agency shop agreement with the Union and of the requirement that all employees subject Each year. Moneys so deducted will be transmitted to the MOU must either join the Union Association, or pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemption. The County shall automatically deduct the service fee established by the Union its designee, no later than the first pay period twenty (20) days following the date of hire, promotion, demotion, each deduction. Section D. If any bargaining unit member fails to authorize or transfer unless the employee has provided a remit dues deduction form electing membership in the Union, or the employee has provided verification service fee, the Association may request the Board to make such deduction pursuant to Section A, above. At the next meeting of the religious exemption. If Board following receipt of such a request, the employee has not properly completed Board will provide the authorization form of his/her choice and returned said form teacher with opportunity for a due process hearing limited to the Auditor Controller/Treasurer-Tax Collector’s Office, question of whether or not the County shall continue to automatically deduct teacher has remitted the service fee and thereafter until such time as the employee has provided a dues deduction form electing membership in the Union or the employee has provided verification of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If Association or authorized payroll deduction for same. Section E. Should it be determined as a current employee is promotedresult of this hearing that the service fee has not been remitted to the Association or has not been authorized for payroll deduction, demoted or transferred into a position the fee will be deducted in another SEIU represented equal installments from the bargaining unit that is subject member’s remaining paychecks, with the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association and its counsel, and the Association’s right to compromise and settle any dispute involving an Agency Shop provisioninvoluntary deduction under this Article, the employee’s current deduction status Association will continue (Union duesindemnify and hold the Board harmless against and from any and all claims, service feedemands, religious exemption feesuits, or non-germane objector’s fee)other forms of liability that may arise out of or by reason of action taken by the Board for the purpose of complying with this Article. Section G. If any provision of this Article is deemed invalid under Federal or State Law, said provision shall be modified to comply with the requirements of said Federal or State Law.

Appears in 3 contracts

Sources: Professional Agreement, Professional Agreement, Professional Agreement

Agency Shop. Pursuant to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act, Government Code Section 3502.5, employees A. Each employee covered by this Memorandum of Understanding (MOU) shallAgreement, as a condition of continuing employment, become a member of the Union who fails voluntarily to acquire or shall pay a service fee in lieu of membership dues. Such dues or service fees are as set in accordance with the bylaws of the Union. Any employee hired, promoted, demoted or transferred into a position subject to this MOU shall be provided, by the County, with a Notice of Agency Shop Provision during their first pay period of employment advising the employee of the agency shop agreement with the Union and of the requirement that all employees subject to the MOU must either join the Union or pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemption. The County shall automatically deduct the service fee established by the Union no later than the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing maintain membership in the Union, or shall be required sixty (60) days following the beginning of employment to pay to the Union a fair share fee, provided that any employee who has provided verification been declared exempt for religious convictions by the State Employment Relations Board (SERB) shall not be required to pay said fair share fee. However, such employee shall pay, in lieu of such fair share fee, on the same time schedule as Union dues are payable, an amount of money equal to such fair share fee to a non-religious charitable fund exempt from taxation under Section 501(c)(3) of the religious exemptionInternal Revenue Code, mutually agreed upon by such employee and the OAPSE State Treasurer. If the Such employee has not properly completed the authorization form of his/her choice and returned said form shall furnish to the Auditor Controller/TreasurerOAPSE State Treasurer written receipts evidencing payment to such agreed upon non-Tax Collector’s Office, religious fund. B. An amount equal to the County total dues of the Union shall continue be deducted from the pay of all bargaining unit members who elect not to automatically deduct the service fee and thereafter until such time as the employee has provided a dues deduction form electing membership in become members of the Union or who elect not to remain members. The Board Treasurer shall, upon notification from the employee Union that a member has provided verification terminated membership, commence the check-off of the religious exemption fair share fee with respect to the Auditor Controller/Treasurerformer member; and the amount of the fee yet to be deducted shall be the annual membership dues less the amount previously paid through payroll deduction. C. Upon timely demand, non-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject members may appeal to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption feethe payment of the fair share fee pursuant to the internal procedure adopted by the Union, or non-germane objector’s fee)such nonmembers may submit such appeals to SERB. The amount to be deducted from the pay of all nonunion members shall be the total dues as paid by members of the Union and such deductions shall continue through the remaining number of payroll periods over which Union membership dues are deducted.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Agency Shop. Pursuant to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act, Government Code Section 3502.5, employees Each employee covered by this Memorandum of Understanding (MOU) shallAgreement, as a condition of continuing employment, become a member of the Union who fails voluntarily to acquire or shall pay a service fee in lieu of membership dues. Such dues or service fees are as set in accordance with the bylaws of the Union. Any employee hired, promoted, demoted or transferred into a position subject to this MOU shall be provided, by the County, with a Notice of Agency Shop Provision during their first pay period of employment advising the employee of the agency shop agreement with the Union and of the requirement that all employees subject to the MOU must either join the Union or pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemption. The County shall automatically deduct the service fee established by the Union no later than the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing maintain membership in the Union, shall be required as a condition of employment on or after the probationary period provided in this Agreement, or sixty (60) days following the beginning of employment, whichever is less, or the employee has provided verification effective date of this Agreement, whichever is later, to pay to the Union a Fair Share Fee. This Fair Share Fee shall not exceed the dues paid by members of the Union who are in the bargaining unit covered by this Agreement provided that any employee who has been declared exempt for religious exemptionconvictions by the SERB shall not be required to pay said Fair Share Fee. If However, such employee shall pay, in lieu of such Fair Share Fee, on the same time schedule as Union dues are payable, an amount of money equal to such Fair Share Fee to a non-religious charitable fund exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code, mutually agreed upon by such employee has not properly completed and the authorization form of his/her choice and returned said form OAPSE State Treasurer. Such employee shall furnish to the Auditor Controller/TreasurerUnion State Treasurer written receipts evidencing payment to such agreed upon non-Tax Collector’s Officereligious charitable fund. Failure to make such payment or furnish such receipts as proof of payment shall subject such employee to the same sanctions as would non-payment of Union dues under the Agreement. In the event the Laws of Ohio governing union security are changed during the terms of this Agreement to permit other forms of union security, the County shall continue Employer agrees to automatically deduct meet with the service fee Union, upon its request, for the purpose of negotiating a new union security provision to be incorporated in this Agreement. The Union agrees to indemnify and thereafter until such time save the Board harmless against any judgments for any costs, expenses, or any other liability the Board might incur as a result of the employee has provided a enforcement of this fair share section. The Union agrees to assume complete responsibility for resolving any disputes arising out of the dues deduction form electing membership in the Union or the employee has provided verification of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption fee, or non-germane objector’s fee)procedure.

Appears in 2 contracts

Sources: Master Contract, Master Contract

Agency Shop. Pursuant A. The Union agrees that it has a duty to provide fair and nondiscriminatory representation to all employees in all classes in the unit for which this section is applicable regardless of whether they are members of the Union. B. All employees in the unit shall as a condition of employment either: 1. Become and remain a member of the Union; or 2. Pay the Union an agency fee which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law (e.g., ▇▇▇▇▇▇ v. Chicago Teachers Union), which shall be less than the monthly dues made during the duration of this MOU, it being understood that it is the sole responsibility of the Union to determine an agency fee which meets these criteria; or 3. Do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. Pay a sum equal to the agency shop fee described above to one of the negotiated non-religious, non-labor, charitable funds that is exempt from taxation under Section 501(c) (3) of the Internal Revenue Code. C. The Union shall provide the County with a copy of the Union's "▇▇▇▇▇▇ procedure" for the determination and protest of its agency fees. The Union shall provide a copy of said "-▇▇▇▇▇ Act, Government Code Section 3502.5, employees procedure" to every agency fee payor covered by this Memorandum of Understanding (MOU) shallMOU as provided in Sections G below, and annually thereafter, and as a condition of continuing employment, become a member of the Union or shall pay a service fee to any percentage change in lieu of membership dues. Such dues or service fees are as set in accordance with the bylaws of the Union. Any employee hired, promoted, demoted or transferred into a position subject to this MOU shall be provided, by the County, with a Notice of Agency Shop Provision during their first pay period of employment advising the employee of the agency shop agreement with the Union fee. D. If, after all other involuntary and of the requirement that all employees subject to the MOU must either join the Union or insurance premium deductions are made in any pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemption. The County shall automatically deduct the service fee established by the Union no later than the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership in the Union, or the employee has provided verification of the religious exemption. If the employee has not properly completed the authorization form of his/her choice and returned said form to the Auditor Controller/Treasurer-Tax Collector’s Officeperiod, the County shall continue balance is not sufficient to automatically deduct pay the service fee and thereafter until such time as the employee has provided a dues deduction form electing membership in the Union or the employee has provided verification of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption agency fee, or noncharity fee required by this Section, no such deduction shall be made for the current pay period. E. The provisions of Section B shall not apply during periods when employees separate from the representation unit but shall be reinstated upon their return to the unit. The term separation includes transfer out of the unit, layoff, and leave of absence with a duration of more than twenty-germane objector’s feeeight days. F. Annually, the Union shall provide Employee Relations with copies of the financial report filed with the California Public Employee Relations Board or the United States Department of Labor (Form LM-2), to be made available to unit employees. Failure to file the report within sixty days after the end of its fiscal year shall result in the termination of all agency fee deductions without jeopardy to any employee, until said report is filed.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Agency Shop. Pursuant to (a) All employees employed in the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Actbargaining unit, Government Code Section 3502.5or who become employees in the bargaining unit, employees covered who are not already members of the Union, shall within sixty (60) calendar days of the effective date of this Agreement, or within sixty (60) calendar days of the employee’s date of hire by this Memorandum the Board, whichever is later, become members or in the alternative, shall within sixty (60) calendar days of Understanding (MOU) shalltheir date of hire by the Board, as a condition of continuing employment, become pay to the Union a member service charge in an amount equal to the regular monthly Union membership dues uniformly required of employees of the Union Board who are members. (b) An employee who shall tender or shall pay a service fee in lieu authorize the deduction of membership dues. Such dues , or service fees uniformly required as a condition of acquiring or obtaining membership in the Union, shall be deemed to meet the conditions of this Section so long as the employee is not more than sixty (60) calendar days in arrears of payment of such dues or fees. (c) The Board shall be notified in writing, by the Union, of any employee who is more than sixty (60) days in arrears of payment of such dues or fees. (d) The Board agrees that, upon hiring any new employees who are covered by this Agreement, to send a letter to the Union advising the Union of the name and date of hiring of any new employees. (e) The Union agrees that it will make membership in the Union available to all employees covered by this Agreement on the same terms and conditions as set in accordance with the bylaws are generally applicable to other members of the Union. Any employee hired, promoted, demoted or transferred into a position subject . (f) Either party to this MOU the Agreement shall be providedhave the right to reopen negotiations pertaining to Agency Shop when the laws applicable thereto have been changed, by giving the Countyother party thirty (30) calendar days written notice of their intent to reopen this provision only. 1. The Union shall hold the Board harmless for any and all claims, demands, suits, costs including witness and attorney fees or other incidental costs of prosecution or defense, or other forms of liability by reason of action taken or not taken by the Board or its designated agent for the purpose of complying with a Notice of Agency Shop Provision during their first pay period of employment advising the employee provisions of the agency shop agreement herein contained. 2. Should a court of competent jurisdiction rule that the mandatory deduction of the agency shop fees is contrary to law, the Board shall not be required to implement section 3 below. 3. Should the indemnification provision set forth in subsection 1 above be declared unenforceable or void by a court of competent jurisdiction, section 3 below shall immediately be considered inoperative (g) In the event that the Union refuses to accept any person so hired, who is covered by this Agreement as a member, said person may continue in employment with the Union and of Board, by paying the requirement that all employees subject service charge in an amount equal to the MOU must either join regular monthly Union membership dues. (h) All costs to uphold the Union or pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemption. The County shall automatically deduct the service fee established Agency Shop clause as administered by the Union no later than the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership Board shall be paid in full by the Union, or the employee has provided verification of the religious exemption. If the employee has not properly completed the authorization form of his/her choice and returned said form to the Auditor Controller/Treasurer-Tax Collector’s Office, the County shall continue to automatically deduct the service fee and thereafter until such time as the employee has provided a dues deduction form electing membership in the Union or the employee has provided verification of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption fee, or non-germane objector’s fee).

Appears in 1 contract

Sources: Collective Bargaining Agreement

Agency Shop. Pursuant to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act, A. Agency Fees - Agency shop as used in this section means an organizational security agreement as defined in Government Code Section 3502.5, employees covered by 3502.5 and applicable law. This Agency Shop provision shall be in full force and effect for the first three years of this Memorandum of Understanding (MOU) shall, agreement only. Each employee in the non-supervisory unit hired as a condition of continuing employmentregular employee after July 19, become a member of the Union or shall pay a service fee in lieu of membership dues. Such dues or service fees are as set in accordance with the bylaws of the Union. Any employee hired1995, promoted, demoted or transferred into a position subject to this MOU shall be provided, by the County, with a Notice of Agency Shop Provision during their first pay period of employment advising the employee of the agency shop agreement with the Union and of the requirement that all employees subject to the MOU must either join the Union or pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemption. The County shall automatically deduct the service fee established by the Union no later than the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership in the Union, or the employee has provided verification of the religious exemption. If the employee has not properly completed the authorization form required within 30 days of his/her choice and returned said form first day of employment in the bargaining unit to choose to: a) become a member in good standing of the Union; or, b) satisfy the agency fee financial obligations set forth below, unless he/she qualifies for the religious exemption set forth in subsection B below. Unless the employee has: a) voluntarily submitted to the Auditor Controller/Treasurer-Tax Collector’s OfficeCounty an effective dues deduction request; b) individually made direct financial arrangements satisfactory to the Union as evidenced by notice of the same by the Union to the County; or, c) qualified for exemption upon religious grounds as provided below, the County shall continue to automatically deduct upon receipt of notice from the service Union process a mandatory agency fee and thereafter until such time as the employee has provided a dues payroll deduction form electing membership in the appropriate amount and forward that amount to the Union. Non-supervisory employees who are Union members shall be required to pay the agency fee or the employee has provided verification charitable donation if they cancel membership. The amount of the religious exemption fee to be charged shall be determined by the Union subject to applicable law, and shall be an amount not to exceed the normal membership dues and general assessments applicable to Union members. The amount of the agency fee charged shall not include expenditures prohibited by law. The Union shall comply with applicable law regarding disclosure and allocation of its expenses, notice to employees of their right to object, provision for agency fee payers to challenge the Union's determinations of the amounts chargeable and appropriate escrow provisions to hold contested amounts while the challenges are underway. The foregoing description of permissible agency fee charges and related procedures is included herein for informational purposes and is not intended to change applicable law. The County will promptly remit to the Auditor Controller/Treasurer-Tax Collector’s Office. If Union all monies deducted, accompanied by a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption fee, or non-germane objector’s fee)list of employees for whom such deductions have been made.

Appears in 1 contract

Sources: Memorandum of Understanding

Agency Shop. Pursuant As of the date of this Agreement, the District shall, when drawing an order for salary or wage payment for any employee, reduce the order for payment of dues, service fees, or "religious exemption" fee to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act, Government Code Section 3502.5, employees covered by this Memorandum Association in the same amount and in accordance with the CSEA schedule for dues and service fees. 1. Each employee shall be informed that payment of Understanding (MOU) shall, as the above dues or fees is a condition of continuing employmentcontinued employment and shall be given the option of joining the Association, become paying the service fee for services rendered by the Association, or filing a Request for Religious Exception and Payment of Charity Fee in accordance with B.2, B.2.a, and B.2.b. below. a. A form shall be provided by the Association for the employee to indicate his/her choice of the options as indicated above. Should the employee fail to complete a form within thirty (30) days, the amount deducted from his/her salary or wage payment shall be considered to be a service fee. The employee may change his/her choice at any time by filing the appropriate form with the District Personnel Office, indicating the new choice. The District Personnel Office shall notify the Association of any requested change within ten (10) days of the request. b. The employee shall be informed that he/she may pay his/her dues or service fees directly to the Association in lieu of payroll deduction. However, payment in such manner shall not abrogate the employee of the requirement of payment of dues, service fees, or religious exemption fees. If the employee fails to remit dues or fees as set forth in this section, he/she forfeits the right to pay directly to the Association, and the District shall, upon request of the Association, deduct dues or fees as set forth herein. 2. If an employee belongs to a recognized religious sect which does not permit its members to pay a representational fee to, or belong to, any employee organization, an amount equal to the representational fee (service fee or dues) which would have been paid will be deducted from the employee's salary or wages in accordance with b. above. Such fee shall be known as "religious exemption" fee and shall be contributed to a charity of the employee's choice, including, but not limited to, American Cancer Society, Muscular Dystrophy Fund, Cerebral Palsy Fund, Multiple Sclerosis Fund, the American Heart Association, and/or the American Red Cross. Should the unit member wish his/her fee to be contributed to a charity other than the above, approval must first be given by the Association. a. Determination of an employee's eligibility for religious exception shall be made by the Association following receipt of the request for Religious Exception and payment of Charity Fee Form. The form shall include the employee's name and classification, date of hire, religious affiliation for which exemption is claimed, and a statement indicating to the employee that his/her signature indicates he/she is and has been a member of the Union religious organization named and that organization will not permit payment of dues or fees to an employee organization. The Association may require such other proof as it deems necessary to assure the validity of the claim and request. The request form shall pay be forwarded to the Association within five (5) days of its completion by the employee. b. If the Association determines a service fee in lieu of membership dues. Such unit member's claim and request for religious exception is not valid, the unit member and the District shall be so notified within five (5) days that the request is rejected and dues or service fees are as set shall be deducted in accordance with the bylaws of the Union. Any employee hired, promoted, demoted or transferred into a position subject to this MOU shall be provided, by the County, with a Notice of Agency Shop Provision during their first pay period of employment advising the employee of the agency shop agreement with the Union and of the requirement that all employees subject to the MOU must either join the Union or pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemption. The County shall automatically deduct the service fee established by the Union no later than the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership in the Union, or the employee has provided verification of the religious exemption. If the employee has not properly completed the authorization form of his/her choice and returned said form to the Auditor Controller/Treasurer-Tax Collector’s Office, the County shall continue to automatically deduct the service fee and thereafter until such time as the employee has provided a dues deduction form electing membership in the Union or the employee has provided verification of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption fee, or non-germane objector’s fee)Article.

Appears in 1 contract

Sources: Master Agreement

Agency Shop. Pursuant to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act, Government Code Section 3502.5, employees A - Employees covered by this Memorandum Agreement at the time it becomes effective and who are members of Understanding (MOU) shallthe Union at that time shall be required, as a condition of continuing continued employment, become a member of the Union or shall pay a service fee to continue membership in lieu of membership dues. Such dues or service fees are as set in accordance with the bylaws of the Union. Any employee hired, promoted, demoted or transferred into a position subject to this MOU shall be provided, by the County, with a Notice of Agency Shop Provision during their first pay period of employment advising the employee of the agency shop agreement with the Union and of the requirement that all employees subject to the MOU must either join the Union or pay a service fee in lieu to the Union, as established by the Union, for the duration of membership dues this Agreement. Section B - Employees covered by this Agreement who are not members of the Union at the time it becomes effective shall be required, as a condition of continued employment, to become members of the local, state, and national or pay to the Union unless the employee claims each month a religious exemption. The County shall automatically deduct the service fee in an amount established by the Union no later than for the first duration of this Agreement, on or before the thirtieth (30th) day following such effective date. Section C - Employees hired, rehired, reinstated, or transferred into the bargaining unit after the effective date of this Agreement and covered by this Agreement shall be required, as a condition of continued employment, to become members of the Union or pay period the Union each month a service fee as established by the Union for the duration of this Agreement commencing on or before the thirtieth (30th) day following the date beginning of hiretheir employment in the bargaining unit. Section D - The Union agrees to indemnify and save the Board, promotionand including each individual school board member, demotionharmless against any and all claims, demands, costs, suits, or transfer unless other forms of liability including back pay and all court or administrative agency costs that may arise out of or by reasons of action by the Board for the purpose of complying with this Article. Section E - The Employer agrees to deduct from wages of any employee has provided who is not a dues deduction form electing membership in member of the Union, or the employee has provided verification of the religious exemption. If the employee has not properly completed the authorization form of his/her choice and returned said form to the Auditor Controller/Treasurer-Tax Collector’s Office, the County shall continue to automatically deduct the service fee and thereafter until such time as the employee has provided a dues deduction form electing membership in the Union or the employee has provided verification of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, Union's service fee, religious exemption as provided in a written authorization executed by the employee. The written authorization for service fee deduction shall remain in full force and effect during the period of this contract. Section F - Service fee will be authorized, levied and certified in accordance with the Constitution of the Union. No employee will be terminated during the pendency of any appeal relative to the level of service fee, or non-germane objector’s fee). Section G - The Employer agrees to provide this service without charge to the Union. Section H - Notice of current dues will be presented to the payroll office by the first payday of the school year.

Appears in 1 contract

Sources: Master Agreement

Agency Shop. Pursuant to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act(a) Employees newly hired after September 1, Government Code Section 3502.5, employees covered by this Memorandum of Understanding (MOU) 1996 shall, upon completion of sixty (60) calendar days of employment within the bargaining unit and as a condition of continuing continued employment, either: (a) become a member of of, and pay dues and initiation fees to, the Union Union; or shall (b) pay a service fee to the Union, without becoming a member of it, in lieu of membership dues. Such an amount (to be determined by the Union within applicable legal requirements) which shall not exceed the dues or service fees are as set in accordance with the bylaws paid by members of the Union. Any employee hired, promoted, demoted or transferred into a position subject . (b) In the event employees who are obligated to this MOU shall be provided, by the County, with a Notice of Agency Shop Provision during their first pay period of employment advising the employee of the agency shop agreement with the Union and of the requirement that all employees subject to the MOU must either join the Union or pay a service fee (pursuant to Section 2(a) above) fail or refuse to do so, the following procedures shall be followed: (1) The Union shall notify the employee of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) days for compliance, and shall further advise the recipient that a request for wage deduction may be filed with the Employer in lieu the event compliance is not effected. A copy of membership dues the notice shall be given to the Employer. (2) If the employee fails to timely remit the service fee or authorize deduction for same, the Union may request the Employer to make such deduction. (3) The Employer, upon receipt of request for involuntary deduction, shall provide the employee with an opportunity for a hearing limited to the question of whether or not the employee has remitted the service fee to the Union unless or authorized payroll deduction for same. (4) If the employee claims was obligated to pay a religious exemption. The County shall automatically service fee to the Union (pursuant to Section 2(a) above), and if the Employer determines that the employee has refused to either pay the service fee to the Union or authorize payroll deduction for same, then the Employer shall, upon the Union's written request, deduct the service fee established by from the Union no later than the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership in employee's wages and remit same to the Union, or the employee has provided verification of the religious exemption. If the employee has not properly completed the authorization form of his/her choice and returned said form . (c) Due to the Auditor Controller/Treasurer-Tax Collector’s Officelegal requirements established in applicable court decisions, the County shall continue to automatically deduct amount of the service fee and thereafter payable by non-members (along with other required information) may not be available for transmission to non-members until such time as mid-school year (December, January or February). Consequently, the employee has provided a dues deduction form electing membership in the Union or the employee has provided verification provisions of the religious exemption this Article relating to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption fee, payment or non-germane objector’s fee)payment of service fees by non-members shall be activated thirty (30) days following the Union's notification to non- members (and the Employer) of the service fee for the school year. The Union shall also notify the Employer of the amount of Union dues.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Agency Shop. Pursuant to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act(a) Employees newly hired after September 1, Government Code Section 3502.5, employees covered by this Memorandum of Understanding (MOU) 1996 shall, upon completion of sixty (60) calendar days of employment within the bargaining unit and as a condition of continuing continued employment, either: (a) become a member of of, and pay dues and initiation fees to, the Union Union; or shall (b) pay a service fee to the Union, without becoming a member of it, in lieu of membership dues. Such an amount (to be determined by the Union within applicable legal requirements) which shall not exceed the dues or service fees are as set in accordance with the bylaws paid by members of the Union. Any employee hired, promoted, demoted or transferred into a position subject . (b) In the event employees who are obligated to this MOU shall be provided, by the County, with a Notice of Agency Shop Provision during their first pay period of employment advising the employee of the agency shop agreement with the Union and of the requirement that all employees subject to the MOU must either join the Union or pay a service fee (pursuant to Section 2(a) above) fail or refuse to do so, the following procedures shall be followed: (i) The Union shall notify the employee of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) days for compliance, and shall further advise the recipient that a request for wage deduction may be filed with the Employer in lieu the event compliance is not affected. A copy of membership dues the notice shall be given to the Employer. (ii) If the employee fails to timely remit the service fee or authorize deduction for same, the Union may request the Employer to make such deduction. (iii) The Employer, upon receipt of request for involuntary deduction, shall provide the employee with an opportunity for a hearing limited to the question of whether or not the employee has remitted the service fee to the Union unless or authorized payroll deduction for same. (iv) If the employee claims was obligated to pay a religious exemption. The County shall automatically service fee to the Union (pursuant to Section 2(a) above), and if the Employer determines that the employee has refused to either pay the service fee to the Union or authorize payroll deduction for same, then the Employer shall, upon the Union's written request, deduct the service fee established by from the Union no later than the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership in employee's wages and remit same to the Union, or the employee has provided verification of the religious exemption. If the employee has not properly completed the authorization form of his/her choice and returned said form . (c) Due to the Auditor Controller/Treasurer-Tax Collector’s Officelegal requirements established in applicable court decisions, the County shall continue to automatically deduct amount of the service fee and thereafter payable by non-members (along with other required information) may not be available for transmission to non-members until such time as mid-school year (December, January or February). Consequently, the employee has provided a dues deduction form electing membership in the Union or the employee has provided verification provisions of the religious exemption this Article relating to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption fee, payment or non-germane objector’s fee)payment of service fees by non-members shall be activated thirty (30) days following the Union's notification to non-members (and the Employer) of the service fee for the school year. The Union shall also notify the Employer of the amount of Union dues.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Agency Shop. Pursuant to Any person employed by the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act, Government Code Section 3502.5, employees covered City in a position within the Bargaining Unit represented by this Memorandum of Understanding (MOU) shall, as a condition of continuing employment, become the Union who is not a member of the Union and who does not make application for membership within thirty (30) days from the effective date of this Agreement, or from the date of employment, whichever is later, shall pay to the Union a service fair share fee for collective bargaining and contract administration services rendered by the Union as the sole and exclusive representative of the employees covered by this Agreement, provided (a) Give advance notice to fair share fee payors of the amount of the fee and an explanation of the basis for the fee, including the major categories of expenses, as well as verification of same by an independent auditor. (b) Advise fair share fee payors of an expeditious and impartial decision- making process whereby fair share payors can object to the amount of fair share fee. (c) Place the amount reasonably in lieu dispute into an escrow account pending resolution of membership duesany objections raised by fair share fee payors to the amount of the fair share fee. Such dues or service fees are It is specifically agreed that any dispute concerning the amount of fair share fee and/or the responsibilities of the Union with respect to fair share fee payors as set forth above shall not be subject to the grievance and arbitration procedures set forth in accordance with this Agreement. Non-members who object to this fair share fee based upon bona fide religious tenents or teachings shall pay an amount equal to such fair share fee to a non-religious charitable organization mutually agreed upon by the bylaws of employee and the Union. Any employee hiredIf the affected non-member and the Union are unable to reach agreement on the organization, promoted, demoted or transferred into a position subject to this MOU the organization shall be provided, selected by the County, with a Notice affected non-member from an approved list of Agency Shop Provision during their first pay period of employment advising the employee of the agency shop agreement with the Union and of the requirement that all employees subject to the MOU must either join the Union or pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemption. The County shall automatically deduct the service fee charitable organizations established by the Union no later than Civil Service Commission and the first pay period following the date payment shall be made to said organization. The obligation for enforcement of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership in this provision shall rest with the Union, or not the employee has provided verification of the religious exemption. If the employee has not properly completed the authorization form of his/her choice and returned said form to the Auditor Controller/Treasurer-Tax Collector’s Office, the County shall continue to automatically deduct the service fee and thereafter until such time as the employee has provided a dues deduction form electing membership in the Union or the employee has provided verification of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption fee, or non-germane objector’s fee)City.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Agency Shop. Pursuant to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act, Government Code Section 3502.5, employees covered by this Memorandum of Understanding (MOU) shall, as a condition of continuing employment, If an employee does not become a member of the Union Association during any membership year (i.e., from September 1 to the following August 31) which is covered in whole or shall in part of this Agreement, said employee will be required to pay a service representation fee to the Association for that membership year. The purpose of this fee will be to offset the employee’s per capita cost of services rendered by the Association as majority representative. 1. The Association agrees to notify the Board of Education in lieu writing of the amount of the representation fee to be collected for each listed member. The Association will submit to the Board a list of those employees who have not become members of the Association for the then current membership duesyear. 2. Such dues or service fees are as set The Association will determine the amount of the representation fee in accordance with the bylaws law, which shall not exceed 85% of the Unionregular membership dues. 3. Any employee hiredThe Board will deduct from the salaries of such employees in accordance with Paragraph 2 below, promotedthe full amount of the representation fee and promptly will transmit the amount so deducted to the Association. 4. Payment of the representation fee shall be made to the bargaining representative during the term of the collective bargaining agreement, demoted or transferred into but in no case sooner than the 30th day following the beginning of an employee’s employment in a position subject to this MOU shall be providedincluded in the negotiating unit, by and the County, with 10th day following re-entry into the unit. Re-entry: Employees who previously served in a Notice of Agency Shop Provision during their first pay period of employment advising position included in the employee unit who continued in the employ of the agency shop agreement public employer in an excluded position, and individuals being re-employeed in such unit from a re-employment list. 5. If an employee who is required to pay a representation fee terminates his or her employment with the Union and Board before the Association has received the full amount of the requirement that all employees subject representation fee to which it is entitled under this Article, the Board will deduct the unpaid portion of the fee from the last pay check paid to said employee during the membership year in question. 6. Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the MOU must either join Association will, as nearly as possible, be the Union or pay a service fee in lieu same as those used for the deduction and transmission of regular membership dues to the Union unless the employee claims a religious exemptionAssociation. Fee shall be deducted after February 1 of each school year in equal monthly installments to be paid February thru June of each year. 7. The Association will notify the Board in writing of any changes in the list provided for in Paragraph 1 above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than 10 days after the Board received said notice. 8. The Board shall continue its current procedure of submitting to the Association a copy of the Agenda of the Somerset County shall automatically deduct Educational Services Commission including section “C: Personnel”, listing all employees who began their employment in a teacher’s bargaining unit position during the service fee established time period covered by the Union no later than the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership in the Union, or the employee has provided verification of the religious exemption. If the employee has not properly completed the authorization form of his/her choice and returned said form to the Auditor Controller/Treasurer-Tax Collector’s Office, the County shall continue to automatically deduct the service fee and thereafter until such time as the employee has provided a dues deduction form electing membership in the Union or the employee has provided verification of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption fee, or non-germane objector’s fee)meeting.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Agency Shop. Pursuant A. The Association agrees that it has a duty to provide fair and non- discriminatory representation to all employees in all classes in the units for which this section is applicable regardless of whether they are members of the Association. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1. Become and remain a member of the Association or; 2. Pay to the Association, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Association to determine an agency shop fee which meets the above criteria; or 3. Do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. Pay a sum equal to the agency shop fee described in subsection 2.2 (Agency Shop) paragraph B subparagraph 2 to a non-religious, non- labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The Association shall provide the County with a copy of the Association's ▇▇▇▇▇▇ Procedure for the determination and protest of its agency shop fees. The Association shall provide a copy of said ▇▇▇▇▇▇ Procedure to every fee payer covered by this MOU within one month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by an employee to invoke the Association's ▇▇▇▇▇▇ Procedure within one month after actual notice of the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇Act, Government Code Section 3502.5, employees covered by this Memorandum of Understanding (MOU) shall, as a condition of continuing employment, become a member of the Union or shall pay a service fee in lieu of membership dues. Such dues or service fees are as set in accordance with the bylaws of the Union. Any employee hired, promoted, demoted or transferred into a position subject to this MOU Procedure shall be provided, a waiver by the County, with a Notice employee of Agency Shop Provision during their first pay period of employment advising right to contest the employee amount of the agency shop agreement fee. D. The provisions of subsection 2.2 (Agency Shop) paragraph B subparagraph 2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence with duration of more than thirty (30) days. E. Annually, the Association shall provide the Director of Human Resources with copies of the financial report which the Association annually files with the Union and of the requirement that all California Public Employee Relations Board. Such report shall be available to employees subject to the MOU must either join the Union or pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemption. The County shall automatically deduct the service fee established by the Union no later than the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership in the Union, or unit. Failure to file such a report within sixty (60) days after the employee has provided verification end of the religious exemption. If the employee has not properly completed the authorization form of his/her choice and returned said form to the Auditor Controller/Treasurer-Tax Collector’s Office, the County its fiscal year shall continue to automatically deduct the service fee and thereafter until such time as the employee has provided a dues deduction form electing membership result in the Union or the employee has provided verification termination of the religious exemption all agency shop fee deductions without jeopardy to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee any employee, until said report is promotedfiled, demoted or transferred into a position in another SEIU represented bargaining unit that is subject and upon mutual agreement, this time limit may be extended to an Agency Shop provision, the employee’s current deduction status will continue one hundred twenty (Union dues, service fee, religious exemption fee, or non-germane objector’s fee)120) days.

Appears in 1 contract

Sources: Memorandum of Understanding

Agency Shop. Pursuant A. All employees who are already members of the Union shall as a condition of employment either continue to maintain their membership in the Union or pay to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ ActUnion a legally permissible service charge. Employees who become employees after the effective date of this Agreement shall be required as a condition of employment to, Government Code Section 3502.5within sixty (60) working days of the effective date of this Agreement, employees covered or within sixty (60) working days of their date of hire by this Memorandum of Understanding (MOU) shallthe Board, as a condition of continuing employment, become a member of pay to the Union or shall pay a legally permissible service fee charge. 2007-2011 Support Contract December 29, 2009 Macintosh HD:Users:spowers:Desktop:Transparency:Contracts:2007-2011 Support Staff Union Contract.DOC The Union has established a “Policy Regarding Objections to Political- Ideological Expenditures”. That policy, and the administrative procedures (including the timetable for payment) pursuant thereto, applies only to non-union bargaining unit members. The remedies set forth in lieu of membership dues. Such dues or service fees are as set in accordance with the bylaws of the Union. Any employee hired, promoted, demoted or transferred into a position subject to this MOU that policy shall be providedexclusive, and unless and until such procedures, including any administrative or judicial review there, shall have been availed of and exhausted, no dispute, claim or complaint by objecting bargaining unit member concerning the County, with a Notice application and interpretation of Agency Shop Provision during their first pay period of employment advising the employee of the agency shop agreement with the Union and of the requirement that all employees this article shall be subject to the MOU must either join grievance procedure set forth in this Agreement, or any other administrative or judicial procedure. B. An employee shall authorize the Union or pay a service fee in lieu deduction of membership dues to the Union unless the employee claims or (service fees) uniformly required as a religious exemption. The County shall automatically deduct the service fee established by the Union no later than the first pay period following the date condition of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership in the Union, or the employee has provided verification of the religious exemption. If the employee has not properly completed the authorization form of his/her choice and returned said form to the Auditor Controller/Treasurer-Tax Collector’s Office, the County shall continue to automatically deduct the service fee and thereafter until such time this Article so long as the employee has provided a is not more than sixty (60) calendar days in arrears of payment of such dues deduction form electing (or fees). C. If any provision of this Article is deemed invalid under Federal or State Law, said provision shall be modified to comply with the requirements of said Federal or State law. D. The Union agrees that it will make membership in the Union or available to all employees covered by this Agreement on the employee has provided verification same terms and conditions as are generally applicable to other members of the religious exemption Union. E. If the Union refuses to accept any person so hired as a member, said person may continue in employment by paying the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, regular monthly service fee. F. The Union shall indemnify and hold the Board harmless against any and all claims, religious exemption feedemands, suits or non-germane objector’s fee)other forms of liability that shall arise out of or by reason of action taken by the Board in complying with the conditions of this Article.

Appears in 1 contract

Sources: Support Personnel Agreement

Agency Shop. Pursuant to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act, Government Code Section 3502.5, employees Employees covered by this Memorandum of Understanding (MOU) shall, as a condition of continuing employment, become a member and remain members of the Union Fresno County Deputy Probation Officers Association - Unit 11 or shall pay to the Association a service fee in lieu of membership dues. Such dues or service fees are as set in accordance with the bylaws of the UnionAssociation. Association members may only withdraw their membership during the last month prior to the expiration of the MOU. Any employee hiredwithdrawing their Association membership shall be subject to the Agency Shop service fee. Effective April 24, promoted2008, demoted or transferred into any employee hired by the County in a position subject to this MOU shall be provided, by the County, with a Notice of an Agency Shop Provision Form during their first pay period of employment (e.g. New Employee Orientation) advising the employee of the agency shop Agency Shop agreement with the Union Association and of the requirement that all employees subject to the MOU must either join the Union Association or pay a service fee in lieu of membership dues to the Union dues, unless the employee claims a religious exemption. The County shall automatically deduct the service fee established by the Union no later than Association the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership in the UnionAssociation, or the employee has provided verification of the religious exemption. If the employee has not properly completed the authorization form of his/her choice and returned said form to the Auditor Controller/Treasurer-Tax Collector’s OfficeCounty within 30 days of the date of hire, the County shall continue to automatically deduct the service fee and thereafter and, thereafter, until such time as the Agency Shop Provision Form is properly completed and returned to the County. Any employee has provided of the County subject to this MOU who wishes to request religious exemption, consistent with State and Federal law, must file such request with the Association. In addition, the employee will continue to have the deduction of an amount, equal to the monthly fair share service fee, to be paid to a dues deduction form electing membership non-religious, non-labor charitable fund selected as described in the Union or paragraph below. The Religious Exemption Form is available from the employee has provided verification Association only. For purposes of this section, charitable deduction means a contribution to any other non- religious, non-labor charitable organization exempt from taxation under Section 501(c)(3) of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, Internal Revenue Code of the employee’s current deduction status will continue (Union dueschoice. Fresno County Deputy Probation Officers Association – Unit 11 shall submit copies of the financial report required pursuant to the Labor-Management Disclosure Act of 1959 to the Department of Personnel Services, Labor Relations Division once annually. Copies of such reports shall be available to employees subject to the Agency Shop provision of this MOU from the Association. The County shall deduct from the pay of each employee in a position subject to this MOU, Association dues or an amount equal to the service fee, fee established by the Association or religious exemption fee, or and shall mail all said deductions to the Association no later than the end of the month after which said amounts were deducted. The County shall, upon request, provide the Association with printouts containing information of a non-germane objectorconfidential nature on Unit employees such as: name, date of hire, salary, and classification. The Association shall pay an at-cost fee to be determined by the Department of Personnel Services for all printouts. Fresno County Deputy Probation Officers Association – Unit 11 shall indemnify, defend and hold the County, its officers, agents and employees harmless from and against any and all claims, demands, losses, defense costs, or liability of any kind or nature which may be imposed upon them relating to the County’s fee)compliance with the agency fee obligation, including claims relating to the Association’s use of the monies collected under these provisions. The addition of classifications and/or employees to the bargaining unit in this MOU shall not require an election herein for the application of this agency shop provision to such classification and/or employees. However, employees whose classifications have been certified for inclusion in this Unit shall not be subject to the terms and conditions of the MOU until such time as a successor MOU is negotiated, this includes but is not limited to Agency Shop.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Agency Shop. Pursuant to All employees in the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act, Government Code Section 3502.5, employees covered by unit who have authorized a Union dues deduction in effect on the effective date of this Memorandum of Understanding (MOU) shall, Agreement shall have their dues deduction continued as a condition of continuing employment. Al l employees in the unit who have authorized an agency fee deduction in effect on the effective date of this Agreement shall have their services fee deduction continued as a condition of employment. All employees in the unit who have a charity fee deduction in effect on the effective date of this Agreement shall have their charity fee deduction continued as a condition of employment. As a condition of employment, all new employees who become covered by this Agreement on or after its effective date shall, upon hire into a member classification covered by this MOU, execute a payroll deduction authorization for one of the following: (1) Union dues; (2) an agency fee; or (3) i f the employee qualifies, a charity fee equal to the agency fee payable to a mutually agreeable fund that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code. This requirement shall pay a service fee in lieu of membership duesnot apply to management or confidential employees. Such dues or service fees are as set The agency shop agreement may be rescinded in accordance with the bylaws of the UnionGovernment Code section 71632(b). Any employee hired, promoted, demoted hired by the Court on or transferred after the effective date of this MOU shall be provided with an authorization form advising the employee that the Court has entered into a position an Agency Shop agreement with the Union and that all employees subject to this MOU must either join the Union, pay an agency fee to the Union, or execute a written declaration claiming a religious exemption from this requirement. Such notice shall include a form for the employee's signature authorizing payroll deduction of Union dues or an agency fee or a charitable contribution equal to the agency fee. The employee shall have five working days following the initial date of employment to fully execute the authorization form of his or her choice and return the form to Court Payroll. San l*cniio Sii|>miM Court General Unit MOU 4 If the form is not completed properly and returned within live working days, Court Payroll shall commence and continue a payroll deduction of agency fees from the regular monthly pay warrants of such employee. The effective date of Union dues, agency fee deduction or charitable contributions for such employees shall be provided, by the County, with a Notice beginning of Agency Shop Provision during their the first pay period of employment advising following Agency Shop election. The employee's earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues or fees authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions (including health care deductions) have priority over union dues and agency fees. Any employee who is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting a Union shall not be required to join or financially support the Union as a condition of continued employment. Such an employee may be required, in lieu of periodic dues, initiation fees or agency shop fees to pay sums equal to those dues, initiation fees or agency shop fees to a nonreligious, nonlabor charitable organization fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three (3) such funds designated in a memorandum of understanding between the Court and the Union, or i f the memorandum of understanding fails to designate such funds, then to any such fund chosen by the employee. Proof of those payments shall be made on a monthly basis to the Court as a condition of continued exemption from the requirement of financial support to the Union. The Union shall submit copies of the agency shop agreement with financial report required pursuant to the Union and Labor- Management Disclosure Act of 1959 to the requirement that all Court Executive Officer once annually. Copies of such reports shall be available to employees subject to the Agency Shop requirements of this agreement at the Office of the Union. Failure to file such a report within 100 days of the close of the Union's fiscal year shall result in the termination of all agency fee deductions, without jeopardy to the employee, until said report is filed. For the duration of this MOU must either join and by way of payroll deduction through Court payroll, the Union or pay a service fee in lieu of membership dues Court agrees to deduct and remit to the Union unless all authorized deductions from employees who have signed an approved authorization card(s) for such deductions in the employee claims a religious exemptionform provided. The County shall automatically deduct the service fee established by Court will provide the Union no later than with a list of employees who are newly hired into regular positions within thirty days of hiring a new employee in the first pay period following General Unit. The Court will provide the date Union with copies of hire, promotion, demotion, or transfer unless the employee has provided a signed dues deduction form electing membership in authorization forms and dues deduction withdrawal requests on a monthly basis. The Court agrees to provide a payroll deduction for members to make a voluntary monthly contribution to the Union's Committee of Political Education. The Union shall indemnify, defend, and hold harmless the Court against claims of any nature and any lawsuit instituted against the Court made or arising from the employee has provided verification application of the religious exemption. If the employee has any agency shop requirements or provisions, including, but not properly completed the authorization form limited to, improper deduction of his/her choice fees, maintenance of records and returned said form to the Auditor Controller/Treasurer-Tax Collector’s Office, the County shall continue to automatically deduct the service fee and thereafter until such time as the employee has provided a dues deduction form electing membership in the Union or the employee has provided verification of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption fee, or non-germane objector’s fee)improper reporting.

Appears in 1 contract

Sources: Memorandum of Understanding

Agency Shop. Pursuant 5.1 Membership in the Union is not compulsory. Regular employees have the right to join, not join, maintain, or drop their membership in the Union, as they see fit. Neither party shall exert any pressure on or discriminate against an employee as regards such matters. 5.2 The Union is required under this Agreement to represent all of the employees in the bargaining unit fairly and equally without regard to whether or not an employee is a member of the Union. The terms of this Agreement have been made for all employees in the bargaining unit and not only for members in the Union, and this Agreement has been executed by the Employer after it has satisfied itself that the Union is the choice of a majority of the employees in the bargaining unit. 5.3 In accordance with the policy set forth under the first paragraph of this Section, all employees in the bargaining unit shall, as a condition of continued employment, pay to the Union, the employee's exclusive collective bargaining representative, a representation fee or membership dues to be established by the Union in accordance with applicable law. For new employees, the payment shall start not later than 31 days following the date of employment. 5.4 During the period of time covered by this Agreement, the Employer agrees to deduct from the pay of any employee all representative fees and membership dues of Local 214, provided, however, that the Union first presents to the Employer, authorizations signed by such employees allowing such deductions and payments to the Local Union. This may be done through the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇Act, Government Code Section 3502.5, employees covered by this Memorandum of Understanding (MOU) shall, as a condition of continuing employment, become a member of the Union or shall pay a service fee in lieu of membership dues. Such dues or service fees are as set in accordance with the bylaws of the Union. Any employee hired, promoted, demoted or transferred into a position subject to this MOU . a. The amount of all representation fees and membership dues for deductions shall be provided, certified to the Employer by the County, with a Notice of Agency Shop Provision during their first pay period of employment advising the employee Secretary-Treasurer of the agency shop agreement Union. b. All representation fees and membership dues deducted by the Employer shall be transmitted to the Union. 5.5 In the event of any action brought against the Employer in a judicial or administrative proceeding because of its compliance with this Article, the Union agrees to defend such action, at its own expense and through its own counsel. The Union will protect, save harmless and indemnify the Employer from any and all claims, demands, costs, suits, fees, judgments, and other forms of liability by reason of action taken or not taken by the Employer for the purpose of complying with this Article. 5.6 If any provision of this Article is invalid under federal law or the laws of the State of Michigan, such provision shall be modified to comply with the Union and requirements of the requirement that all employees subject to the MOU must either join the Union federal or pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemption. The County shall automatically deduct the service fee established by the Union no later than the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership in the Union, or the employee has provided verification of the religious exemption. If the employee has not properly completed the authorization form of his/her choice and returned said form to the Auditor Controller/Treasurer-Tax Collector’s Office, the County shall continue to automatically deduct the service fee and thereafter until such time as the employee has provided a dues deduction form electing membership in the Union or the employee has provided verification of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption fee, or non-germane objector’s fee)state law.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Agency Shop. Pursuant A. Agency Fees - Agency shop as used in this section means an organizational security agreement as defined in Government Code Section 3502.5 and applicable law. Throughout the term of this agreement, each employee in the non-supervisory unit hired as a regular employee after December 1, 1994, shall be required within 30 days of his/her first day of employment in the bargaining unit to choose to: a) become a member in good standing of the Union; or, b) satisfy the agency fee financial obligations set forth below, unless he/she qualifies for the religious exemption set forth in subsection B below. Unless the employee has: a) voluntarily submitted to the County an effective dues deduction request; b) individually made direct financial arrangements satisfactory to the Union as evidenced by notice of the same by the Union to the County; or, c) qualified for exemption upon religious grounds as provided below, the County shall upon receipt of notice from the Union process a mandatory agency fee payroll deduction in the appropriate amount and forward that amount to the Union. Non-supervisory employees who are Union members shall be required to pay the agency fee or charitable donation if they cancel membership. The amount of the fee to be charged shall be determined by the Union subject to applicable law, and shall be an amount not to exceed the normal membership dues and general assessments applicable to Union members. The amount of the agency fee charged shall not include expenditures prohibited by law. The Union shall comply with applicable law regarding disclosure and allocation of its expenses, notice to employees of their right to object, provision for agency fee payers to challenge the Union's determinations of amounts chargeable and appropriate escrow provisions to hold contested amounts while the challenges are underway. The Union shall make available, at its expense, an expeditious administrative appeals procedure to unit employees who object to the payment of any portion of the representation service fee. Such procedure shall provide for a decision to be made by an impartial decision-maker. A copy of such procedure shall be made available by the Union to non- Union-member unit employees and the County. The County shall be provided this copy for informational purposes only. The foregoing description of permissible agency fee charges and related procedures is included herein for informational purposes and is not intended to change applicable law. The County will promptly remit to the Union all monies deducted, accompanied by a list of employees for whom such deductions have been made. B. Religious Exemption from Agency Fee Obligations 1. Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to pay an agency fee, but shall pay by means of mandatory payroll deduction an amount equal to the agency fee to a non-religious, non-labor charitable organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and serving residents of Santa ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇Act, Government Code Section 3502.5, employees covered by this Memorandum of Understanding (MOU) shallCounty, as designated by the employee from a condition of continuing employment, become a member of list provided by the Union or shall pay a service fee in lieu of membership duesCounty Auditor-Controller. 2. Such dues or service fees are as set in accordance with To qualify for the bylaws of religious exemption the employee must provide to the Union. Any employee hired, promoted, demoted or transferred into with a position subject copy to this MOU shall be provided, by the County, a written statement of objection, along with verifiable evidence of membership in a Notice of Agency Shop Provision during their first pay period of employment advising religious body as described above. The County will implement the employee of the agency shop agreement with change in status within thirty days unless notified by the Union and of that the requirement that all employees subject to the MOU must either join the Union or pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemptionrequested exemption is not valid. The County shall automatically deduct not be made a party to any dispute arising relative to the service fee established determination of religious exemptions. 3. Any of the above-described payment obligations shall be processed by the Union no later than the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership County in the Union, usual and customary manner and time-frames. C. Leave Without Pay/Temporary Assignment Out of Unit - Employees on an unpaid leave of absence or the employee has provided verification temporarily assigned out of the religious exemption. If the employee has not properly completed the authorization form unit shall be excused from paying agency shop fees or charitable contributions. D. Rescission of his/her choice and returned said form Agency Shop - The agency shop provision may be rescinded pursuant to the Auditor Controller/Treasurer-Tax Collector’s Office, the County shall continue to automatically deduct the service fee and thereafter until such time as the employee has provided a dues deduction form electing membership procedures contained in the Union or the employee has provided verification of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption fee, or non-germane objector’s feeGovernment Code Section 3502.5(b).

Appears in 1 contract

Sources: Memorandum of Understanding

Agency Shop. Pursuant to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act, Government Code Section 3502.5, employees covered by this Memorandum of Understanding (MOU) shall, as a condition of continuing employment, A. If an employee does not become a member of the Union Association during any membership year (i.e., from September 1 to the following August 31) which is covered in whole or shall in part of this Agreement, said employee will be required to pay a service representation fee to the Association for that membership year. The purpose of this fee will be to offset the employee’s per capita cost of services rendered by the Association as majority representative. 1. The Association agrees to notify the Board of Education in lieu writing of the amount of the representation fee to be collected for each listed member. The Association will submit to the Board a list of those employees who have not become members of the Association for the then current membership duesyear. 2. Such dues or service fees are as set The Association will determine the amount of the representation fee in accordance with the bylaws law, which shall not exceed 85% of the Unionregular membership dues. 3. Any employee hiredThe Board will deduct from the salaries of such employees in accordance with Paragraph 2 below, promotedthe full amount of the representation fee and promptly will transmit the amount so deducted to the Association. 4. Payment of the representation fee shall be made to the bargaining representative during the term of the collective bargaining agreement, demoted or transferred into but in no case sooner than the 30th day following the beginning of an employee’s employment in a position subject to this MOU shall be providedincluded in the negotiating unit, by and the County, with 10th day following re-entry into the unit. Re-entry: Employees who previously served in a Notice of Agency Shop Provision during their first pay period of employment advising position included in the employee unit who continued in the employ of the agency shop agreement public employer in an excluded position, and individuals being re-employed in such unit from a re-employment list. 5. If an employee who is required to pay a representation fee terminates his or her employment with the Union and Board before the Association has received the full amount of the requirement that all employees subject representation fee to which it is entitled under this Article, the Board will deduct the unpaid portion of the fee from the last pay check paid to said employee during the membership year in question. 6. Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the MOU must either join Association will, as nearly as possible, be the Union or pay a service fee in lieu same as those used for the deduction and transmission of regular membership dues to the Union unless the employee claims a religious exemptionAssociation. Fee shall be deducted after February 1 of each school year in equal monthly installments to be paid February thru June of each year. 7. The Association will notify the Board in writing of any changes in the list provided for in Paragraph 1 above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than 10 days after the Board received said notice. 8. The Board shall continue its current procedure of submitting to the Association a copy of the Agenda of the Somerset County shall automatically deduct Educational Services Commission including section “C: Personnel”, listing all employees who began their employment in a teacher’s bargaining unit position during the service fee established time period covered by the Union no later than the first pay period following the date of hire, promotion, demotion, or transfer unless the employee has provided a dues deduction form electing membership in the Union, or the employee has provided verification of the religious exemption. If the employee has not properly completed the authorization form of his/her choice and returned said form to the Auditor Controller/Treasurer-Tax Collector’s Office, the County shall continue to automatically deduct the service fee and thereafter until such time as the employee has provided a dues deduction form electing membership in the Union or the employee has provided verification of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that is subject to an Agency Shop provision, the employee’s current deduction status will continue (Union dues, service fee, religious exemption fee, or non-germane objector’s fee)meeting.

Appears in 1 contract

Sources: Collective Bargaining Agreement