Common use of Procedure for Rebate Clause in Contracts

Procedure for Rebate. 1. Upon timely demand, non-members may apply to the Association for a rebate pursuant to the internal procedure adopted by the Association. 2. The Association represented to the Board that an internal rebate procedure has been established in accordance with Section 4417.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. 3. It is specifically understood that the Association agrees to indemnify and save the Board harmless against any judgments, costs, expenses, or other liability the Board might incur as a result of the implementation and enforcement of this provision provided that: a. The action brought against the Board must be a direct consequence of the Board's good faith compliance with this agency fee provision. b. The Board notifies the Association in writing and within fifteen (15) days of any claim made or action filed against the Board. c. The Board agrees to permit the Association or its affiliated organization to intervene as a party if it so desires and/or not to oppose the Association or organizations with which it is affiliated; application to file briefs amicus curiae in the action.

Procedure for Rebate. 1. Upon timely demand, non-members may apply to the Association for a rebate pursuant to the internal procedure adopted by the Association. 2. The Association represented to the Board that an internal rebate procedure has been established in accordance with Section 4417.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. 3. It is specifically understood that the Association agrees to indemnify and save the Board harmless against any judgments, costs, expenses, or other liability the Board might incur as a result of the implementation and enforcement of this provision provided that: a. The action brought against the Board must be a direct consequence of the Board's good faith compliance with this agency fee provision. b. The Board notifies the Association in writing and within fifteen (15) days of any claim made or action filed against the Board. c. The Board agrees to permit the Association or its affiliated organization to intervene as a party if it so desires and/or not to oppose the Association or organizations with which it is affiliated; application to file briefs amicus curiae in the action. In the event that overriding laws at the State or Federal levels change to allow for a Fair Share Fee, or Representational Fee Option for the Bethel Education Association, the language from Section 3.07 FAIR SHARE FEE of the 2017-2021 Master Agreement, in its entirety, will be immediately reinstated in the current negotiated agreement by both the Board and Association, to the extent allowed by law.