Common use of Fair Share Clause in Contracts

Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon by the teacher and the Association. If the affected non-member and the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organization. The Association shall indemnify and hold harmless the District, its members, officers, agents and employees from any, against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that arise out of or by reason of any action taken or not taken by the District for the purpose of complying with the above provisions of this Article, or in reliance upon any list, notice, certification, affidavit or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.

Fair Share. During the term of this Agreement, all teachers covered by this Agreement who are not members of the Association PREA shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association PREA for collective bargaining and contract administration the services rendered by the Association PREA in negotiating and administering this Agreement as the exclusive representative of the teachers covered by said this Agreement, provided the that such fair share fee shall not exceed the PREA dues attributable to being a member (including IEA and NEA dues) uniformly required of members of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association)PREA. In the event that the teacher does not pay his or her Such fair share directly to the Association by a certain date established by the Association, such fair share fee fees shall be deducted by the District Board from the earnings of non-members and remitted to the AssociationPREA. The Association PREA shall annually submit to the District Board a list of the teachers covered by this Agreement who are not members of the Association PREA and an affidavit, affidavit which specifies specified the amount of the fair share feefee as defined above. The amount of the fair share fee collected from non-members shall not include any be used for contributions related to the election or support of any candidate for political office or for a member-only benefit. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in such cases as Chicago Teachers Union x. Xxxxxx, 000 X.X. 000 (1986), with respect to the constitutional rights of fair share fee payors. It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Association with respect to fair share fee payors shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee based on bonafide upon bona fide religious tenets or teaching teachings shall pay an amount equal to such fair share fee as defined above to a non-religious, religious charitable organization mutually agreed upon by the teacher and the AssociationPREA/IEA. If the affected non-member and the Association PREA/IEA are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organization. The Association PREA/IEA shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that arise out of or by reason of any action taken or not taken by the District Board for the purpose of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment assignments furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.

Fair Share. During Employees in the term of this Agreement, teachers bargaining unit who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after on the effective date of this Agreement, whichever is later, Agreement shall be required to pay a fair share fee to the Association a “Fair Share Fee” for collective bargaining and contract administration services rendered by as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member names and addresses of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association)all bargaining unit members. In the event that the teacher does not pay his or her fair share directly to The District will also provide the Association by a certain date established by with the Associationname and address of any employee hired after September 15, such fair share fee shall notice to be deducted by provided within thirty (30) days after the District from the earnings date of non-members and remitted to the Associationhire. The Association shall annually submit to provide the District a list with names of the teachers covered by this Agreement employees who are not non- members of the Association and an affidavitAssociation, which specifies the amount of the fair share “Fair Share Fee,” and a payment schedule for the deduction of the fee. The For employees hired after September 15, of each year, the Association will provide the District with the amount of the fair share fee shall not include any contributions related to and a payment schedule for deduction of the election or support fee within thirty (30) days after receipt of any candidate for political office or for member-only benefitnotice of the employee’s hiring. Non-members who object to this fair share The District will deduct such fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon by from the teacher and the Association. If the affected paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organizationTreasurer. The Association shall will indemnify and hold the District harmless the District, its members, officers, agents and employees from any, against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that shall arise out of or by reason of any action taken or not taken by the District for the purpose of complying to comply with the above provisions of this Article, or in reliance upon any list, notice, certification, affidavit or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and section. All monies deducted by the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the School District shall have the right to designate its own legal counsel in any such legal proceedings, subject will be reimbursed to the approval Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the AssociationFair Share Fee, which approval shall not unreasonably as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be withheld, if such designation becomes necessary to protect its own interest, with filed by statewide employee organizations as required by Section (J) of the understanding that these indemnification provisions shall cover the cost of such representationAct.

Fair Share. During the term of this Agreement, teachers employees who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers employees covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her Such fair share directly to the Association by a certain date established by the Association, such fair share fee fees shall be deducted by the District Board from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District Board a list of the teachers employees covered by this Agreement who are not members of the Association and an affidavit, affidavit which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based on bonafide upon bona fide religious tenets or teaching teachings shall pay an amount equal to such fair share fee to a non-religious, religious charitable organization mutually agreed upon by the teacher employee and the Association. If the affected non-member and the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organization. The Association shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that arise out of or by reason of any action taken or not taken by the District Board for the purpose of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District Board shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District Board shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not be unreasonably be withheld, if such designation becomes necessary to protect its own interestinterests, with the understanding that these indemnification provisions shall cover the cost of such representation.

Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers All Teachers covered by this Agreement who are not members of the Association, commencing on the effective date of this Agreement, or upon their initial employment, and continuing during the term of this Agreement, and so long as they remain non-members of the Association, shall pay to the Association each month their fair share of the costs of the services rendered by the Association that are chargeable to non-members under state and federal law. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member Teachers and remitted to the Association provided, however, that the Association shall submit to the Administration a fair share fee certification form in accordance with IELRB requirements, including a description of how the fair share fee was calculated and an affidavit, which specifies acknowledgment that non-members retain the right to object to the amount of the fair share feefee by filing an objection with the IELRB. Upon receipt of said affidavit the Board shall cooperate with the Association to ascertain the names of all Teacher non-members of the Association from whose earnings the fair share payments shall be deducted. The Association shall cause to be posted in all work locations a notice containing the fair share fee information specified above and advising that any non-member may object to the amount of the fee by filing a fair share fee objection. If an ultimate decision in any proceeding hereunder directs that the amount of the fair share fee shall not include any contributions related to should be lower than the election or support of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon fixed by the teacher and the Association. If the affected non-member and , the Association are unable to reach an agreement on shall promptly adopt said determination and notify the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and reduce deductions from the payment shall be made earnings of non- members to said organizationprescribed amount. The Association shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees Teachers from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) that shall arise out of or by reason of any action taken or not taken by the District Board for the purpose purposes of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any such provision. If during the term of this Agreement, the such provisions. The District shall promptly notify the Association if there is Labor Board or a court of competent jurisdiction rules any lawsuit or other legal challenge to the provisions part of this Article void or not enforceable, the Association and Board agree to convene negotiations on this matter immediately for the sole purpose of bringing this Article into compliance with the standards or ruling of said Labor Board or court. Any Teacher objecting to the Fair Share Fee based upon bona fide religious tenets or teaching of a church or religious body of which such Teacher is a member, shall pay an amount equal to the Fair Share Fee to a non-religious charitable organization. Such organization shall be mutually agreed upon by the Teacher and the Association, upon or in the absence of such notice being givenagreement, to an organization on the approved list of charitable organizations established by the IELRB. The annual amount to be deducted will be determined by the Association. Equal deductions will be made from each paycheck. The deduction shall have commence on November 15th and finish on June 30th of the right following year (sixteen (16) paychecks). In the event that a Teacher resigns or is terminated from the employment of the Board, or requests a leave of absence from the Board prior to designate legal counsel to defend such action; provided, howevertermination of the current authorization, the District Board shall have deduct the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall unpaid portion from his/her final paycheck. If final paycheck does not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representationunpaid balance, the Association shall be held liable.

Fair Share. During Any present employee who is not a member of the term Chapter, and any employee hired on or after the effective date of this Agreement, teachers Agreement who are does not members become a member of the Association Chapter within 30 days after date of hire shall, commencing sixty (60) 30 days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, and as a condition of employment, pay a fair share fee to the Association for Chapter each month, through payroll deduction, the employee’s proportionate share of the costs of the collective bargaining process, contract administration, and contract administration services rendered by the Association as the exclusive representative pursuing matters affecting wages, hours and conditions of the teachers covered by said Agreement, provided the fair share fee employment. The Chapter shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly certify to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of Village which employees are non-members and the amount constituting each non- member employee’s proportionate share (hereinafter “fair share”), which shall not exceed dues uniformly required of members. Fair share deductions shall be made on the first Village payday of each month and shall be remitted to the AssociationChapter within 21 days of the date the deduction is made. The Association No deduction shall annually submit be made for any non-member employee until the Chapter certifies to the District Village that a list notice has been given to that employee containing the following information: (a) a summary of the teachers covered by this Agreement who are not members major categories of Chapter expenses, together with an explanation of the Association and formula used for calculating the fair share fee; (b) a statement that the summary has been verified by an affidavit, which specifies independent auditor applying generally accepted accounting principles; (c) a statement that a procedure exists whereby fair share payers may object to the amount of the fair share feefee and have their objections determined within a reasonably prompt period by an impartial decision-maker, and an explanation of the procedure; and (d) a statement that there exists an escrow account into which contested payments will be placed while non-members’ objections are pending. The amount Chapter shall have the sole responsibility for providing fair share notices to all non- member employees. The Village shall have no responsibility concerning, and makes no representation regarding, the legal sufficiency or factual accuracy of the Chapter’s fair share calculations, fair share amount, or fair share procedures, as described in the aforementioned notice. Upon notification by the Chapter that any member employee is 60 days or more in arrears in his Chapter dues, the Village shall immediately begin to treat such employee in all respects as a fair share fee shall not include any contributions related payer, subject to the election or support provisions of any candidate for political office or for member-only benefit. Non-members who object the preceding paragraphs of this Section, and shall continue to this fair share fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon do so until notified by the teacher and Chapter that the Associationemployee is current in dues payments. If the affected Should any non-member and employee subsequently become a member of the Association are unable to reach an agreement on the organizationChapter, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organization. The Association shall indemnify and hold harmless the District, its members, officers, agents and employees from any, against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that arise out of or by reason of any action taken or not taken by the District for the purpose of complying with the above provisions of this Article, or in reliance upon any list, notice, certification, affidavit or assignment furnished under any of the such provisions. The District Chapter shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions Village of this Article such fact, and the Association, upon Village shall cease to make fair share payroll deductions for such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, employee effective with the understanding that these indemnification provisions shall cover month in which the cost of such representationemployee became a member.

Fair Share. During the term of All employees covered by this Agreement, teachers Agreement who are not members of the Association Union shall, commencing sixty (60) days after upon their employment employment, or sixty (60) days after the effective date of this Agreement, whichever is later, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, pay a to the Union their fair share fee to of the Association for collective bargaining and contract administration cost of the services rendered by the Association Union that are chargeable to non-members under state and federal law, except that an employee who was a non-member prior to June 1, 2015, shall be entitled to remain “grandfathered” and not pay fair share until such time as he/she signs a membership form or leaves the exclusive representative District. The Union shall certify to the Board the amount of the teachers covered by said Agreement, provided the annual fair share fee shall fee, not to exceed the dues attributable to being a member uniformly required of members of the North Xxxxx Education Association (including Union, and shall supply the Illinois Education Association Board and the National Education Association)non-members a copy of the basis of the calculation of the fee. In The Union shall further certify to the event Board that “Notice of Fair Share” has been posted in accordance with the teacher does not pay his or her IELRB rules and regulations. No payroll deduction of fair share directly to fees shall be made until at least fourteen (14) days after the Association by a certain date established by the Association, such certification. The fair share fee payments shall be deducted by the District Board from the earnings of the non-members member employees and remitted be paid to the AssociationUnion. The Association Nothing in this Section shall annually submit to preclude the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the non-member employee from making voluntary political contributions in conjunction with his/her fair share feepayment. The amount of the This fair share fee agreement shall not include any contributions related to safeguard the election or support right of any candidate for political office or for membernon-only benefit. Non-members who object to this fair share fee association of employees based on bonafide upon bona fide religious tenets or teaching shall teachings of a church or religious body of which such employees are members. Such employees may be required to pay an amount equal to such their fair share fee under this Agreement to a non-religious, religious charitable organization mutually agreed upon by the teacher employees affected and the Association. If the affected non-member and the Association are unable to reach an Union, or if no mutual agreement on the organizationis reached, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board Board. Non-member employees who object to the amount of the fair share fee have the right to file an unfair labor practice charge against the Union pursuant to Paragraph 1714(b)(1) of the Illinois Educational Labor Relations Act. Additionally, non-member employees who object to the amount of the fair share fee have the right to file such objection pursuant to the internal Fair Share Implementation Program procedures established by the Union, except that the filing of such objection pursuant to the internal procedure may not be sufficient to preserve any rights the non-members may have under the IELRA. Upon any such filing, pursuant to said internal procedures and notice of such to the payment Union, the Union shall place in an interest-bearing escrow account, separated from other funds held by the Union, the amount of each objector’s fair share payments made, and to be made pending resolution of the charge, [which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of the charge and any judicial review pursuant to said organizationthe Act. The Association Union shall indemnify and hold harmless the DistrictBoard, its members, officers, agents agents, and employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) liability, including, but not limited to, damages, attorneys’ fees, and costs that shall arise out of or by reason of any action taken or not taken by the District Board for the purpose of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.

Fair Share. During the term of this AgreementAfter July 1, teachers who are not members of the Association shall2013, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers all employees covered by this Agreement who are not members of the Association Council, upon their initial employment, and an affidavitcontinuing during the term of this Agreement, which specifies and so long as they remain non-members of the Council, shall pay to the Council each month their fair share of the costs of the services rendered by the Council that are chargeable to non-members under state and federal law. Such fair share payment by non-member shall be deducted by the Board from the earnings of non-member employees and remitted to the Council provided, however, that the Council shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with state law and Labor Board rules. The Board shall cooperate with the Council to ascertain the names of all employee non- members of the Council from whose earnings the fair share feepayments shall be deducted, their work locations, and available space to post a notice concerning fair share. The amount of Council shall cause to be posted a notice concerning the fair share fee information required or permitted by the Labor Relations Act and Board rules. Upon adoption of any Council internal appeal procedure, the Council shall not include any contributions related supply the Board with a copy. In addition, the Council shall advise the Board of subsequent changes therein. Upon receipt of formal notice of an objection or unfair labor practice charge to the election or support of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religiousLabor Board, charitable organization mutually agreed upon by the teacher Council and the AssociationBoard, hereby, agree to comply with Labor Board rules. If The Board shall forward the affected non-member objector's fee or portion of the objector's fees being contested to the Labor Board to be placed in an escrow account pending a decision or mutually agreeable settlement between the Council and the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organizationobjector(s). The Association Council shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) that shall arise out of of, or by reason of any of, action taken or not taken by the District Board for the purpose purposes of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify If, during the Association if there is term of this Agreement, the Labor Board or a court of competent jurisdiction rules any lawsuit or other legal challenge to the provisions part of this Article void or not enforceable, the Council and the Association, upon such notice being given, Board agree to convene negotiations on this matter immediately for the sole purpose of bringing this Article into compliance with the standards or rulings of said Labor Board or court. The provisions of the Fair Share Article shall have the right not apply to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject person who did not belong to the approval Council prior to April 1, 2013, except and unless those persons at some future date voluntarily agree to either the Fair Share provisions or to become members of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representationCouncil.

Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers ‌ All employees covered by this Agreement who are not members of the Custodial/Maintenance Association, or upon their initial employment, and continuing during the term of this Agreement, and so long as they remain non-members of the Association, shall pay to the Custodial/ Maintenance Association each month their fair share of the costs of the services rendered by the Association that are chargeable to non-members under state and federal law.‌ Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Custodial/Maintenance Association provided, however, that the association shall submit to the Board an affidavit, affidavit which specifies the amount constituting said fair share not exceeding the dues uniformly required of the members of the Custodial/Maintenance Association.‌ Upon receipt of said affidavit the Board shall cooperate with the Custodial/Maintenance Association to ascertain the names of all employee non-members of the Custodial/Maintenance Association from whose earnings the fair share payments shall be deducted, their work locations and available space to post a notice concerning fair share.‌ The Oswego Custodial/Maintenance Association (OCMA) shall cause to be posted a notice continuing the fair share fee information specified above and advising that any non-member may object to the amount of the fee by filing a fair share fee objection.‌ If an ultimate decision in any proceeding hereunder directs that the amount of the fair share fee. The fee should be lower than the amount fixed by the Custodial/Maintenance Association, the Custodial/Maintenance Association shall promptly adopt said determination and notify the Board and reduce deductions from the earnings of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Nonnon-members who object to this fair share fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon by the teacher and the Association. If the affected non-member and the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organization. prescribed amount.‌ The Oswego Custodial/Maintenance Association shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) that shall arise out of or by reason of any action taken or not taken by the District Board for the purpose purposes of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any such provision.‌ If during the term of this Agreement, the Labor Board or a court of competent jurisdiction rules any part of the such provisions. The District shall promptly notify Article void or not enforceable, the Custodial/Maintenance Association if there is any lawsuit and Board agree to convene negotiations on this matter immediately for the sole purpose of bringing this Article into compliance with the standards or other legal challenge ruling of said Labor Board or court.‌ Any OCMA member objecting to the provisions Fair Share fee based upon bonafide religious tenets or teaching of this Article a church or religious body of which such employee is a member shall pay an amount equal to the Fair Share Fee to a non-religious charitable organization. Such organization shall be mutually agreed upon by the OCMA member and the Custodial/Maintenance Association, upon or in the absence of such notice being givenagreement, shall have to an organization on the right approved list of charitable organizations established by the Illinois Educational Labor Relations Board.‌ Authorization (Sample)‌ I hereby authorize the Board of Education of Oswego Community Unit District 308 to designate legal counsel deduct the approved annual dues for the NEA, IEA, and OCMA from my salary.‌ The annual amount to defend such actionbe deducted will be the then current annual dues rate, and equal deductions will be made from each of my paychecks; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedingssince paychecks are issued 24 times per year, subject to the approval this initial deduction must occur on an odd-numbered distribution period following receipt of the Associationauthorization.‌ In the event that I resign from the employment of the Board, which approval or request a leave of absence from the Board prior to termination of the current authorization, the Board shall deduct the unpaid portion from my final paycheck. If final paycheck does not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.unpaid balance, the OCMA shall be held liable.‌ OCMA Member Signature‌‌‌‌

Fair Share. During the term of Employees covered by this Agreement, teachers hired after August 26, 1991, who are not members of the Association shallUnion and employees covered by this Agreement who were members as of the beginning 1991-92 school year but who subsequently resign from the Union shall pay to the Union each month their fair share of the cost of the services rendered by the Union that are chargeable to non-members under the Illinois Education Labor Relations Act, the Illinois Educational Labor Relations Board's regulations and related state and federal judicial decisions. Such employees shall pay the fair share fee commencing on the effective date of this Agreement, or, if later, sixty (60) days after their initial employment or sixty (60) days after resignation from union membership, and continuing during the effective date term of this Agreement, whichever is laterand so long as they remain non-members of the Union. The Union shall certify annually, pay not later than the first day of the school term, to the Board through the District Business Office the amount of such fair share fee, not to exceed the dues uniformly required of members of the Union, and shall supply the Board and the non-members a copy of the basis of the calculation of the fee. The fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee payment shall be deducted by the District Board from the earnings of nonthe non- member full-members time employees and remitted forwarded to the AssociationUnion, no later than thirty (30) calendar days after such deductions are made, unless otherwise required by applicable law. The Association shall annually submit to the District An employee who, based upon bona fide tenets or teachings of a list church or religious body of the teachers covered by this Agreement who are not members of the Association and an affidavitwhich such employee is a member, which specifies the amount dissents from payments of the fair share fee. The amount of the fair share hare fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Non-members who object Union shall be required to this fair share fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair his/her proportionate share fee to a non-religious, religious charitable organization mutually agreed upon by the teacher employee and the Association. If Union, or in the affected non-member and absence of agreement to a charitable organization randomly selected from the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established maintained by the Illinois Educational Labor Relations Board and the payment shall be made to said organizationBoard. The Association Union shall indemnify and hold harmless the DistrictBoard of Education, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) loss, including but not limited to attorney's fees, that shall arise out of or by reason of any action taken or not taken by the District Board for the purpose purposes of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit or assignment assignments furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.

Fair Share. During the term of this Agreement, teachers employees who are not members of the Association shall, commencing shall commence sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers employees covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Belvidere Educational Support Staff Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her Such fair share directly to the Association by a certain date established by the Association, such fair share fee fees shall be deducted by the District Board from the earnings of non-members nonmembers and remitted to the Association. The Association shall annually submit to the District Board a list of the teachers employees covered by this Agreement who are not members of the Association and an affidavit, affidavit which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Non-members Nonmembers who object to this fair share fee based on bonafide upon bona fide religious tenets or teaching teachings shall pay an amount equal to such fair share fee to a non-religious, nonreligious charitable organization mutually agreed upon by the teacher employee and the Association. If the affected non-member nonmember and the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member nonmember from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board Board, and the payment shall be made to said organization. The Association shall indemnify and hold harmless the DistrictBoard, its members, officers, agents agents, and employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) that arise out of or by reason of any action taken or not taken by the District Board for the purpose of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District Board shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article Article, and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District Board shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not be unreasonably be withheld, if such designation becomes necessary to protect its own interestinterests, with the understanding that these indemnification provisions shall cover the cost of such representation.

Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based on bonafide bona fide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon by the teacher and the Association. If the affected non-non- member and the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organization. The Association shall indemnify and hold harmless the District, its members, officers, agents and employees from any, against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that arise out of or by reason of any action taken or not taken by the District for the purpose of complying with the above provisions of this Article, or in reliance upon any list, notice, certification, affidavit or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.

Fair Share. During 832 If, and for so long as, eighty-five percent (85%) or more of the term of this Agreement, teachers who are not members of the 833 bargaining unit are voluntarily paying (either directly or by dues deduction) the Association’s 834 dues, the District shall deduct from each nonmember in the bargaining unit represented by the 835 Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered an amount annually certified by the Association as the exclusive representative fair share fee as provided for 836 by Act 84 of 1988. The District and Association agree to comply with all provisions of said law. 837 The Association agrees to extend to all nonmembers the opportunity to join the Association. 838 Deductions shall be made on the same dates as deductions for those members of the teachers covered by said Agreement839 bargaining unit who have authorized in writing dues deductions, provided and during the time such 840 deductions are required to be made, and be in the proportionate amount which the fair share fee shall not exceed 841 bears to the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association)amount deducted from those persons who have authorized deductions. In the event that the teacher does not pay his or her fair share directly no event, 842 however, shall deductions of Fair Share fees be withheld via payroll deduction prior to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support January 843 16th of any candidate for political office or for member-only benefityear pursuant to Act 84 of 1988. Non-members who object to this fair share fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon by the teacher and the Association. If the affected non-member and the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organization. 844 The Association shall indemnify and hold the School District harmless the District, its members, officers, agents and employees from any, against any and 845 all claims, demandssuits, actions, complaints, suits orders or other forms of liability (monetary or otherwise) that arise judgments arising out of or by reason of any action taken or not taken by the District for the purpose of complying with the above provisions of this Article, or in reliance upon any list, notice, certification, affidavit or assignment furnished under any of the such provisionsfair share fee obligation. 846 G. Tax-Sheltered Annuities/403(b) Plan Document 847 The District shall promptly notify and the Association if there is any lawsuit or other legal challenge agree to a 403(b) written plan document consistent with 848 the Internal Revenue Code that governs the terms of all non-elective employer contributions and 849 voluntary employee contributions to the provisions of this Article and the Association, upon such notice being given, plan. All employees shall have the right be eligible to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedingsvoluntarily 850 contribute funds, subject to the approval maximum limits set forth in the Internal Revenue Code. 851 Voluntary employee contributions shall be made via payroll deduction into one or more 403(b) 852 accounts with vendors that are permitted under the District’s 403(b) written plan document and 853 the Internal Revenue Code. Employees shall be bound by the terms of the Associationwritten plan document 854 as it relates to vendors, which approval shall not unreasonably be withheldtransfers, if such designation becomes necessary to protect its own interestexchanges, with rollovers, hardship withdrawals, loans, and all other 855 terms of the understanding that these indemnification provisions shall cover the cost of such representationwritten plan document.

Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers All eligible employees covered by this Agreement who are not members of the Association UNION, commencing on the effective date of this Agreement, or upon their initial employment, and an affidavitcontinuing during the term of this Agreement, which specifies and so long as they remain nonmembers of the UNION, shall pay to the UNION each month their fair share of the costs of the services rendered by the UNION that are chargeable to nonmembers under state and federal law. The UNION shall certify to the BOARD a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and labor board rules. Such fair share payment by nonmembers shall be deducted by the DISTRICT from the earnings of the nonmember employees and remitted to the UNION within ten (10) workdays of said deduction unless required to remit a fee to the Labor Board for escrow. The BOARD shall cooperate with the UNION to ascertain the names of all employee nonmembers of the UNION from whose earnings the fair share feepayments shall be deducted and their work locations and shall provide the UNION space to post a notice concerning fair share. The amount BOARD and UNION shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share fee shall not include any contributions related to the election or support rules. Upon adoption of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon by the teacher and the Association. If the affected non-member and the Association are unable to reach an agreement on the organizationUNION internal appeal procedure, the organization UNION shall be selected by supply the affected non-member from an approved list Board with a copy. In addition, the UNION shall advise the BOARD of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organizationsubsequent changes therein. The Association UNION shall indemnify and hold harmless the DistrictBOARD, its members, officers, agents agents, and employees from any, and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that shall arise out of of, or by reason of any action taken or not taken by the District BOARD for the purpose purposes of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished by the UNION under any of the such provisions. The District UNION shall promptly notify not be responsible for the Association if there is attorney’s fees of any lawsuit attorney for the DISTRICT other than the attorney employed and supervised or other legal challenge to directed by the provisions UNION. 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 If, during the term of this Agreement, the Labor Board or a court of competent jurisdiction rules any part of this Article void or not enforceable, the UNION and the Association, upon such notice being given, shall have BOARD agree to convene negotiations on this matter immediately for the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval sole purpose of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, bringing this Article into compliance with the understanding that these indemnification provisions shall cover the cost standards or rulings of such representationsaid Labor Board or court.

Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers All Employees covered by this Agreement who are not members of the Association Union shall pay to the Union their fair share of the cost of the services rendered by the Union that are chargeable to non-members under state and an affidavit, which specifies federal law. The Union shall certify to the Board the amount of the annual fair share fee, not to exceed the dues uniformly required of members of the Union, and shall supply the Board and the non- members a copy of the basis of the calculation of the fee. The amount of certified by the fair share fee Union shall not include any fees for contributions related to the election or support of any candidate for political office office. Nothing in this Section shall preclude the non-member Employee from making voluntary political contributions in conjunction with his or for member-only benefit. Non-members who object to this her fair share fee payment. The Union shall further certify to the Board that “Notice of Fair Share” has been posted in accordance with the IELRB rules and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certification. Such fair share payments shall be deducted by the Board from the earnings of the non- member Employees, under the same time schedule as regular Union dues, and be paid to the Union. This fair share agreement shall safeguard the right of non-association of Employees based on upon bonafide religious tenets or teaching shall of a church or religious body of which such Employees are members. Such Employees may be required to pay an amount equal to such their fair share fee under this Agreement to a non-religious, religious charitable organization mutually agreed upon by the teacher Employees affected and the Association. If the affected non-member and the Association are unable to reach an Union, or if no mutual agreement on the organizationis reached, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board Board. Non-member Employees who object to the amount of the fair share fee have the right to file an unfair labor practice charge against the Union pursuant to Paragraph 1714(b) (1) of the Illinois Educational Labor Relations Act. The Union and the payment Board shall be made to said organizationcomply with the fair share rules of the IELRB. The Association Union shall indemnify and hold harmless the DistrictBoard of Education, its members, officers, agents agents, and employees Employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) liability, including, but not limited to, damages, attorneys’ fees, and costs that shall arise out of or by reason of any action taken or not taken by the District Board for the purpose of complying with the above provisions of this ArticleSection, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.

Fair Share. During Employees in the term of this Agreement, teachers bargaining unit who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after on the effective date of this Agreement, whichever is later, Agreement shall be required to pay a fair share fee to the Association a "Fair Share Fee" for collective bargaining and contract administration services rendered by as the exclusive bargaining agent. For purposes of this section, "Fair Share Fee" shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonable employed to implement or effectuate the duties of the Association as the exclusive representative representative, as provided under Act 84 of the teachers covered by said Agreement1988. The District, provided the fair share fee shall not exceed the dues attributable to being a member on or before September 15 of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to each year, will provide the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District with a list of the teachers covered by this Agreement names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. By December 15 of each year, the Association shall provide the District with names of employees who are not non-members of the Association and an affidavitAssociation, which specifies the amount of the fair share "Fair Share Fee", and a payment schedule for the deduction of the fee. The For employees hired after November 15 of each year, the Association will provide the District with the amount of the fair share fee shall not include any contributions related to and a payment schedule for deduction of the election or support fee within thirty (30) days after receipt of any candidate for political office or for member-only benefitnotice of the employee's hiring. Non-members who object to this fair share The District will deduct such fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon by from the teacher and the Association. If the affected paychecks of each non-member in accordance with the schedule provided and shall promptly transmit the amount deducted to the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organizationTreasurer. The Association shall indemnify will indemnify, defend, and hold the District harmless the District, its members, officers, agents and employees from any, against any and all claims, demands, actionssuits, complaints, suits or and other forms of liability (monetary or otherwise) that shall arise out of or by reason of any action taken or not taken by the District for the purpose of complying to comply with the above provisions of this Article, or in reliance upon any list, notice, certification, affidavit or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representationsection.

Fair Share. During Beginning with the term of this Agreement2013-2014 school year, teachers employees in the Bargaining Unit represented by the Association, who are not members of the Association shallAssociation, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, shall be required to pay a fair share fee fee. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the Association for collective bargaining and contract administration services rendered by duties of the Association as the exclusive representative bargaining representative, as provided under Act 84 of 1988. The School District, on or before September 15 of each year, will provide the Association with a list of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member names and addresses of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association)all Bargaining Unit employees. In the event that the teacher does not pay his or her fair share directly to The District will also provide the Association by a certain with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date established by of hire. By November 15 of each year, the Association shall provide the District with the names of current employees who are nonmembers of the Association, such fair share fee shall the amount of the Fair Share Fee, and a payment schedule for the deduction of the fee. The Fair Share Fee cannot be deducted from any nonmember prior to mid-January for those Noticed in December, and mid-April for those Noticed in February. The School District and the Association agree to comply with all provisions of said law. If any legal action is brought against the School District as a result of any actions it is requested to perform by the Association pursuant to this Article, the Association agrees to provide for the defense of the School District from at the earnings of non-members Association’s expense and remitted to through counsel selected by the Association. The School District agrees to give the Association shall annually submit immediate notice of any such legal action brought against it, and agrees to cooperate fully with the District a list Association in the defense of the teachers covered by this Agreement who are case. If the School District does not members fully cooperate with the Association, any obligations of the Association and an affidavit, which specifies the amount of the fair share fee. The amount of the fair share fee to provide a defense under this Article shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon by the teacher and the Association. If the affected non-member and the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organizationcease. The Association shall agrees in any action so defended, to indemnify and hold the School District harmless for any monetary damages the District, School District might be liable for as a consequence of its members, officers, agents and employees from any, against compliance with this Article; except that it is expressly understood that this save harmless provision will not apply to any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that legal action which may arise out of or by reason as a result of any action taken or not taken willful misconduct by the School District for or as a result of the purpose of complying with School District’s failure to properly perform its obligations under this Article. All monies deducted by the above provisions School District will be disbursed to the Association on the same basis as other payroll deductions. If any provision or application of this Articleprovision is held to be contrary to law, that provision or in reliance upon any list, notice, certification, affidavit or assignment furnished under any of the such provisions. The District application shall promptly notify the Association if there is any lawsuit or other legal challenge not be deemed valid except to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representationextent permitted by law.

Fair Share. During After September 1, 1986, all employees covered by this Agreement, who are not members of the Council, upon their initial employment, and continuing during the term of this Agreement, teachers who are not and so long as they remain non-members of the Association shallCouncil, commencing sixty (60) days after shall pay to the Council each month their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to of the Association for collective bargaining and contract administration costs of the services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the Council that are chargeable to non-members under state and federal law. Such fair share fee shall not exceed the dues attributable to being a payment by non-member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District Board from the earnings of non-members member employees and remitted to the AssociationCouncil, provided, however, that the Council shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with state law and Labor Board rules. The Association Board shall annually submit cooperate with the Council to ascertain the District a list names of the teachers covered by this Agreement who are not all employee non-members of the Association and an affidavit, which specifies the amount of Council from whose earnings the fair share feepayments shall be deducted, their work locations, and available space to post a notice concerning fair share. The amount of Council shall cause to be posted a notice concerning the fair share fee information required or permitted by the Labor Relations Act and Board rules. Upon adoption of any Council internal appeal procedure, the Council shall not include any contributions related supply the Board with a copy. In addition, the Council shall advise the Board of subsequent changes therein. Upon receipt of formal notice of an objection or unfair labor practice charge to the election or support of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religiousLabor Board, charitable organization mutually agreed upon by the teacher Council and the AssociationBoard, hereby, agree to comply with Labor Board rules. If The Board shall forward the affected non-member objector's fee or portion of the objector's fees being contested to the Labor Board to be placed in an escrow account pending a decision or mutually agreeable settlement between the Council and the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organizationobjector(s). The Association Council shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) that shall arise out of of, or by reason of any of, action taken or not taken by the District Board for the purpose purposes of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify If, during the Association if there is term of this Agreement, the Labor Board or a court of competent jurisdiction rules any lawsuit or other legal challenge to the provisions part of this Article void or not enforceable, the Council and the Association, upon such notice being given, Board agree to convene negotiations on this matter immediately for the sole purpose of bringing this Article into compliance with the standards or rulings of said Labor Board or court. The provisions of the Fair Share Article shall have the right not apply to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject person who did not belong to the approval Council prior to September 1, 1986, except and unless those persons at some future date voluntarily agree to either the Fair Share provisions or to become members of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representationCouncil.

Fair Share. During Each bargaining unit member, as a condition of his/her employment, on or before thirty (30) calendar days from the term date of this Agreement, teachers who are not members commencement of the Association shall, commencing sixty (60) days after their employment duties or sixty (60) days after the effective date of this Agreement, whichever is later, shall join the Association or pay a fair share fee to the Association for collective bargaining and contract administration services rendered by equivalent to the Association as the exclusive representative amount of dues uniformly required of members of the teachers covered by said AgreementAssociation, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association local, state and the National Education Association)national dues. In the event that the teacher bargaining unit member does not pay his or his/her fair share fee directly to the Association by a certain date established by the Association, such the Board shall deduct the fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list wages of the teachers covered by this Agreement who are not members nonmember, upon receipt of written notice from the Association and an affidavitsetting forth the bargaining unit member(s) for who(m) such deduction will be made, which specifies the amount of the fair share fee. The amount of , and the method by which the fair share was calculated. Such fee shall not include any contributions related be paid to the election or support Association by the Board no later than ten (10) calendar days following deduction. In the event of any candidate for political office legal action against the Employer brought in a court or for member-only benefit. Non-members who object to administrative agency because of its compliance with this fair share fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religiousarticle, charitable organization mutually agreed upon by the teacher and the Association. If the affected non-member and the Association are unable agrees to reach an agreement on defend such action, at its own expense and through its own counsel, provided: The Employer gives immediate notice of such action in writing to the organizationAssociation and permits the Association intervention as a party if it so desires, and The Employer gives full and complete cooperation to the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board Association and the payment shall be made to said organizationits counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and appellate levels. The Association shall agrees that in any action so defended, it will indemnify and hold harmless the DistrictEmployer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the Employer's non-negligent compliance with this article. The obligation to pay a fair share fee will not apply to any employee who, its members, officers, agents and employees from any, against any and all claims, demands, actions, complaints, suits on the basis of a bonafide religious xxxxx or other forms teaching of liability (monetary a church or otherwise) that arise out religious body of which such employee is a member or by reason of any action taken or not taken by the District for the purpose of complying a belief sincerely held with the above provisions strength of this Articletraditional religious views, or in reliance upon any list, notice, certification, affidavit or assignment furnished under any objects to the payment of a fair share fee to the Association. Upon proper substantiation and collection of the such provisions. The District shall promptly notify entire fee, the Association if there is any lawsuit or other legal challenge will make payment on behalf of the employee to the provisions of this Article a mutually agreeable non-religious charitable organization as per Association policy and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval Rules and Regulations of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representationIllinois Educational Relations Board.