Common use of Proportionate Fair Share Clause in Contracts

Proportionate Fair Share. a. Upon this provision taking effect, the Union shall certify to the Employer a proportionate share amount not to exceed the dues uniformly required of members of the Union in conformity with federal and state law and rules of the Illinois Educational Labor Relations Board (IELRB). b. All employees covered by this Agreement who are not members of the Union, commencing on the effective date of this Section or upon their initial eligibility pursuant to the bargaining unit description, and continuing during the term of this Agreement, shall pay to the Union on a monthly basis their Proportionate/Fair Share of the costs of the services rendered by the Union that are chargeable to non-members under state and federal law. This provision shall be in effect and the Proportionate/Fair Share fee deduction shall commence with the first pay period starting 30 days after the Union certifies to the Employer the amount of the Proportionate/Fair Share fee, or 30 days after the date that a new employee would become eligible for inclusion into the bargaining unit pursuant to the bargaining unit description, whichever is later. Each employee in the bargaining unit who is not a member of the Union shall be required to pay the Proportionate/Fair Share fee. Such Proportionate/Fair Share payments shall be deducted from the earnings of non-member employees pursuant to usual and customary payroll deduction procedures and paid to the Union in accordance with applicable laws and regulations. The University Administration shall not be under any obligation to make any deductions for Proportionate/Fair Share if any bargaining unit member's pay within any pay period, after deductions for state insurance and deductions required by law, including but not limited to withholding tax and employee contributions to the State Universities Retirement System, is less than the amount of authorized deductions. In such event, it will be the responsibility of the Union to collect Proportionate/Fair Share for that period directly from the bargaining unit member. c. The Union and Board shall comply with all applicable rules of the IELRB concerning notice, objections, and related matters contained in its "fair share" rules and procedures. It is understood and agreed that the Employer and the Union jointly acknowledge and respect the provisions of the "Wage and Salary Withholding Act" as amended, in regard to dues authorization and revocation cards. d. The Union shall supply the Employer with all relevant information and documentation as related to the Proportionate/Fair Share provisions of this Article, including the basis of the fair share fee and notice of appeal/objection procedures. In addition, the Union shall advise the Employer of any subsequent change therein. e. Union dues and Proportionate/Fair Share deductions shall be remitted to the Union from the University in accordance with this Section and forwarding instructions provided in the affidavit of certification provided by the Union. Proportionate/Fair Share fees deducted from the pay of bargaining unit members who file objections in accordance with applicable policies and procedures shall be remitted to the appropriate escrow account in accordance with rules and procedures of the IELRB.