Fair Share Objections Clause Samples

The Fair Share Objections clause establishes a process for parties to formally raise concerns if they believe the distribution of responsibilities, costs, or benefits under an agreement is not equitable. Typically, this clause outlines the steps for submitting an objection, the timeframe for doing so, and the method for resolving disputes, such as negotiation or mediation. Its core function is to ensure that all parties have a structured way to address perceived imbalances, promoting fairness and reducing the risk of unresolved conflicts.
Fair Share Objections. Officers subject to fair share deductions shall be afforded notice and a reasonable opportunity to object to or question such deductions. Any objections to the fair share assessment shall be resolved in accordance with the provisions and procedures set forth in Appendix G or of the Illinois Public Labor Relations Act.
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Fair Share Objections. The obligation to pay a fair share fee will not apply to any Employee who, on the basis of a bona fide religious ▇▇▇▇▇ or teaching of a church or religious body of which such Employee is a member or a belief sincerely held with the strength of traditional religious views, objects to the payment of a fair share fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment on behalf of the Employee to a mutually agreeable non-religious charitable organization as per Association Policy and the Rules and Regulations of the Illinois Educational Labor Relations Board.
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Fair Share Objections. In the event an Employee objects to the amount of the fee, the Board shall continue to deduct the fee and the Board shall transmit the fee (or the portion of the fee in dispute) to the IEA which shall hold the fee in escrow in an account established for that purpose. The Board shall continue to transmit the fee to the IEA until further order of the IEA, the IELRB, or a court. If the Employee is entitled to a refund, that Employee shall receive such refund plus any interest earned on the refund during the pendency of the action.
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Related to Fair Share Objections

  • Fair Share Each teacher, as a condition for his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, and national dues. 1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members. 2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed: 1. The fair share fee will not exceed the amount of dues normally charged to Association members. 2. The fair share fee will not include any costs or contributions related to elections or political purposes. 3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and 2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions.

  • Fair Share Fee 1. The Board agrees to automatic payroll deduction, as a condition of employment, of a fair share fee amount as designated by the Association from all bargaining unit members who elect not to become members of the Association, or who elect not to remain members. 2. The Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, commence the check-off of the fair share fee with respect to the former 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. 3. Payroll deduction of such fair share fee shall commence with the first payroll on or after January 15th of each school year. 4. Dues rates and fair share fee rates shall be transmitted by the Association to the Treasurer of the Board for the purpose of determining amounts to be payroll deducted, and the Board agrees to promptly transmit all amounts deducted to the Association. 5. The Board further agrees to accompany each such transmittal with a list of names of bargaining unit members for whom all such deductions were made, the period covered, and the amounts deducted for each. 6. Upon timely demand, non-members may appeal to the Association the payment of the fair share fee pursuant to the internal rebate procedure adopted by the Association, or such non-members may submit each appeal as provided by law. 7. The amount to be deducted from the pay of all non-Association members shall be the total dues as paid by members of the Association, and such deductions shall continue through the remaining number of payroll periods over which Association membership dues are deducted. 8. The Association agrees to indemnify the Board for any cost of liability incurred as a result of the implementation and enforcement of this provision provided that: a. The Board shall give a ten (10) day written notice of any claim or action filed against the employer by a non-member for which indemnification may be claimed; b. The Association shall reserve the right to designate counsel to represent and defend the employer; c. The Board agrees to 1) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, 2) permit the Association or its affiliates to intervene as a party if it so desires, and/or 3) not oppose the Association or its affiliates’ application to file an amicus curiae brief in the action; d. The action brought against the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions shall be an exclusive right of the Association not granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

  • Religious Objections Any employee who is a member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support the organization. Such employee shall, in lieu of periodic dues or agency shop fees, pay sums equal to said amounts to a non-religious, non-labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, which has been selected by the employee from a list of such funds designated by the City and the Association in a separate agreement. Such payments shall be made by payroll deduction as a condition of continued exemption from the requirements of financial support to the Association and as a condition of continued employment.

  • No FINRA Objections FINRA shall not have raised any objection with respect to the fairness and reasonableness of the terms and arrangements under this Agreement.

  • Religious Objection Any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support the Union as a condition of employment. Such an employee shall, in lieu of dues and fees, pay sums equal to such dues and fees to a non-religious charitable fund. These religious objections and decisions as to which fund will be used must be documented and declared in writing to the Union. Any employee exercising their right of religious objection must provide the Union with a receipt of payment to an appropriate charity on a monthly basis.