Professional Representation. A. Any teacher who is a member of the Association, or who has applied for membership, may sign and deliver to the Board an assignment authorizing deduction of membership dues in the Association, including the NEA and the MEA. Such authorization shall continue in effect from year to year unless revoked in writing between June 1 and September 1 of any year. Pursuant to such authorization, the Board shall deduct one-tenth of such dues from the last regular salary check of the teacher each month for ten months, beginning in September and ending June of each year. Deductions for teachers employed after the commencement of the school year shall be at the same rate as full year teachers on a pro-rata basis according to months worked. B. Any teacher who is not a member of the Association in good standing or who does not make application for membership within thirty days from the date of commencement of teaching duties, shall as a condition of employment pay as a representation fee to the Association an amount equivalent to the dues uniformly required to be paid by members of the Association, to the NEA and the MEA, provided however that the teacher may authorize payroll deduction for such fee in the same manner as provided in Paragraph A of the article. In the event that a teacher shall not pay such fee directly to the Association or authorize payment through payroll deductions, as provided in Paragraph A, the Board shall when notified by the Association cause the termination of employment of such teacher at the close of the semester, except that, a teacher who challenges the legality of the Agency Shop as it pertains to public employees shall be continued in the employment of the Board pending outcome of all rights of appeal. The parties expressly recognize that the failure of any teacher to comply with the provisions of this article is just and reasonable cause for discharge from employment. In the event that the provisions of the Agency Shop are held to be legal such teacher shall be released at the close of the semester in which such determination is made unless such teacher shall render to the Association an amount equivalent to the appropriate back representation fees as it relates to that teacher. C. With respect to all sums deducted by the Board pursuant to authorization of the employee, whether for membership dues or equivalent representation fees, the Board agrees promptly to remit to the Association that portion allocated to the Association and to remit the balance for both the MEA and the NEA, to the Michigan Education Association, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, accompanied by an alphabetical list of teachers for whom such deductions have been made, categorizing them as to membership or non-membership in the Association, and indicating any changes in personnel from the list previously furnished. The Association agrees promptly to advise the Board of all members of the Association in good standing from time to time and to furnish any other information needed by the Board to fulfill the provisions of this Article, and not otherwise available to the Board. D. The Board shall refrain from rehiring those teachers successfully terminated pursuant to this Article who refuse to join the Association or pay a representation fee after said teacher has exhausted all of his legal remedies and the termination has been upheld. E In any action brought against the Board and/or its members and agents operating within the scope of their office or employment by a teacher who fails to join the Association or pay a representation fee pursuant to this Article, the Association agrees to defend the Board and/or its members and agents in such action at the Association's expense and through its counsel provided that timely notice of said action is given to the Association. Service on the Association may be accomplished by personal service of the summons and/or complaint on the Association President by an agent of the Board or by sending a copy of the aforementioned documents by certified mail to the Association at the local Michigan Education Association office. The Board agrees to cooperate with the Association and its counsel in securing and giving evidence, making witnesses available for testifying, and making relevant information available at both trial and appellate levels. The Association agrees to indemnify and hold harmless the Board and/or its members and agents from any liability for damages and costs imposed by a judgment of a court or administrative agency, which results from the Board's compliance with this Article.
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Sources: Master Contract, Master Contract