Common use of Representation Fee Clause in Contracts

Representation Fee. A. A teacher who chooses not to join the Association shall pay a representation fee as provided in this section. 1. The representation fee will take effect when 75% plus one (threshold percentage) of the unit members have joined the Association as dues-paying members. 2. If on June 15th of any fiscal year the Association attains the threshold percentage, it may institute a representation fee for the following fiscal year, in accordance with sections 3-6. 3. The Association shall send formal notice and documentation to the Director of Staff Relations. Within 10 days of receiving the Association’s notice, the Director of Staff Relations shall in writing confirm or dispute the membership percentage. If the Director disputes the percentage, the Association and Director shall meet to review the data. The implementation date shall begin 30 days from the date of the Director’s confirmation letter. 4. Any teacher hired after the implementation date shall pay either Association Dues or a representation fee. 5. The Board shall begin payroll deductions for representation fees within two pay periods of receiving the teacher’s authorization for payroll deduction for representation fees from the Association. 6. Representation fees will be prorated if the implementation date or date of hire begins after the start of the school, for that year only. 7. Annually, the Association shall report to the Board the percentage of Association membership on June 15 of that year. The Board shall have the right to access Association and payroll records to verify the percentage. 8. The Association must maintain at least a 75% plus one membership percentage for the representation fee to continue from year to year (“continuing threshold percentage”). If the percentage of HCEA membership falls below the threshold percentage in any year based on the June 15 figure, the Association will enter a one-year grace period. If at the end of the grace period, the percentage of HCEA membership does not equal 75% plus one based on the June 15 figure, then the representation fee shall cease at the end of that fiscal year. If in a future year the Association again reaches the threshold percentage as outlined in section 1, the representation fee shall be initiated for all new employees hired after the new implementation date, as set forth in section 2. B. Calculation of the Representation Fee 1. Annually but no later than the first teacher work day, the Association will determine the percentage of its members’ dues that represents the cost of “negotiations, contract administration, including grievances, and other activities” as are required under Sections 6-407(b) and (c) of the Education Article of the Annotated Code of Maryland. 2. The Association will base this determination on a review of financial records and other documents describing the Association’s activities and will be guided by the language of the Education Article of the Annotated Code of Maryland, the United State Supreme Court decisions in ▇▇▇▇▇ ▇. BRAC and ▇▇▇▇▇ v. Detroit Board of Education, and other relevant federal and state court decisions. 3. The representation fee will not include the cost of political or ideological activities unrelated to collective bargaining, other activities not germane to collective bargaining, or benefits, or activities, available to or benefiting only Association members. 4. The Association shall submit to the Board an annual audit letter from the General Counsel to the Maryland State Education Association that reflects the operational expenses of the Association and explains how the representation fee is calculated based on the audit. C. An employee whose religious beliefs are opposed to joining or financially supporting any collective bargaining organization is: 1. Not required to pay a representation fee; and 2. Required to pay an amount of money equal to the representation fee as determined under section B to a nonreligious, nonunion charity or to another charitable organization that is mutually agreed upon by the employee and the Association, and who furnishes to the Board and the Association written proof of the payment. D. If an employee who is required to pay a representation fee is employed in a unit position on a part-time basis or for less than a full contract year, the representation fee for the employee for said contract year will be a pro rata portion of the annual fee, based on annual salary. E. In the event an employee terminates employment, the Board shall deduct, when possible, the unpaid representation fees for the current year from the employee’s final check and transmit these fees promptly to the Association. F. If an employee who is required to pay a representation fee fails to do so, it is solely the responsibility of the Association to take appropriate steps - including the commencement of legal action against the employee - to collect the amount in question.

Representation Fee. ‌ A. A teacher who chooses not to join the Association shall pay a representation fee as provided in this section. 1. The representation fee will take effect when 75% plus one (threshold percentage) of the unit members have joined the Association as dues-paying members. 2. If on June 15th of any fiscal year the Association attains the threshold percentage, it may institute a representation fee for the following fiscal year, in accordance with sections 3-6. 3. The Association shall send formal notice and documentation to the Director of Staff Relations. Within 10 days of receiving the Association’s notice, the Director of Staff Relations shall in writing confirm or dispute the membership percentage. If the Director disputes the percentage, the Association and Director shall meet to review the data. The implementation date shall begin 30 days from the date of the Director’s confirmation letter. 4. Any teacher hired after the implementation date shall pay either Association Dues or a representation fee. 5. The Board shall begin payroll deductions for representation fees within two pay periods of receiving the teacher’s authorization for payroll deduction for representation fees from the Association. 6. Representation fees will be prorated if the implementation date or date of hire begins after the start of the school, for that year only. 7. Annually, the Association shall report to the Board the percentage of Association membership on June 15 of that year. The Board shall have the right to access Association and payroll records to verify the percentage. 8. The Association must maintain at least a 75% plus one membership percentage for the representation fee to continue from year to year (“continuing threshold percentage”). If the percentage of HCEA membership falls below the threshold percentage in any year based on the June 15 figure, the Association will enter a one-year grace period. If at the end of the grace period, the percentage of HCEA membership does not equal 75% plus one based on the June 15 figure, then the representation fee shall cease at the end of that fiscal year. If in a future year the Association again reaches the threshold percentage as outlined in section 1, the representation fee shall be initiated for all new employees hired after the new implementation date, as set forth in section 2. B. Calculation of the Representation Fee 1. Annually but no later than the first teacher work day, the Association will determine the percentage of its members’ dues that represents the cost of “negotiations, contract administration, including grievances, and other activities” as are required under Sections 6-407(b) and (c) of the Education Article of the Annotated Code of Maryland. 2. The Association will base this determination on a review of financial records and other documents describing the Association’s activities and will be guided by the language of the Education Article of the Annotated Code of Maryland, the United State Supreme Court decisions in ▇▇▇▇▇ ▇. BRAC and ▇▇▇▇▇ v. Detroit Board of Education, and other relevant federal and state court decisions. 3. The representation fee will not include the cost of political or ideological activities unrelated to collective bargaining, other activities not germane to collective bargaining, or benefits, or activities, available to or benefiting only Association members. 4. The Association shall submit to the Board an annual audit letter from the General Counsel to the Maryland State Education Association that reflects the operational expenses of the Association and explains how the representation fee is calculated based on the audit. C. An employee whose religious beliefs are opposed to joining or financially supporting any collective bargaining organization is: 1. Not required to pay a representation fee; and 2. Required to pay an amount of money equal to the representation fee as determined under section B to a nonreligious, nonunion charity or to another charitable organization that is mutually agreed upon by the employee and the Association, and who furnishes to the Board and the Association written proof of the payment. D. If an employee who is required to pay a representation fee is employed in a unit position on a part-time basis or for less than a full contract year, the representation fee for the employee for said contract year will be a pro rata portion of the annual fee, based on annual salary. E. In the event an employee terminates employment, the Board shall deduct, when possible, the unpaid representation fees for the current year from the employee’s final check and transmit these fees promptly to the Association. F. If an employee who is required to pay a representation fee fails to do so, it is solely the responsibility of the Association to take appropriate steps - including the commencement of legal action against the employee - to collect the amount in question.

Representation Fee. A. A teacher who chooses not to join the Association shall pay a representation fee as provided in this section. 1. The representation fee will take effect when 75% plus one (threshold percentage) of the unit members have joined the Association as dues-paying members. 2. If thIf on June 15th 15 of any fiscal year the Association attains the threshold percentage, it may institute a representation fee for the following fiscal year, in accordance with sections 3-6. 3. The Association shall send formal notice and documentation to the Director of Staff Relations. Within 10 days of receiving the Association’s notice, the Director of Staff Relations shall in writing confirm or dispute the membership percentage. If the Director disputes the percentage, the Association and Director shall meet to review the data. The implementation date shall begin 30 days from the date of the Director’s confirmation letter. 4. Any teacher hired after the implementation date shall pay either Association Dues or a representation fee. 5. The Board shall begin payroll deductions for representation fees within two pay periods of receiving the teacher’s authorization for payroll deduction for representation fees from the Association. 6. Representation fees will be prorated if the implementation date or date of hire begins after the start of the school, for that year only. 7. Annually, the Association shall report to the Board the percentage of Association membership on June 15 of that year. The Board shall have the right to access Association and payroll records to verify the percentage. 8. The Association must maintain at least a 75% plus one membership percentage for the representation fee to continue from year to year (“continuing threshold percentage”). If the percentage of HCEA membership falls below the threshold percentage in any year based on the June 15 figure, the Association will enter a one-year grace period. If at the end of the grace period, the percentage of HCEA membership does not equal 75% plus one based on the June 15 figure, then the representation fee shall cease at the end of that fiscal year. If in a future year the Association again reaches the threshold percentage as outlined in section 1, the representation fee shall be initiated for all new employees hired after the new implementation date, as set forth in section 2. B. Calculation of the Representation Fee 1. Annually but no later than the first teacher work day, the Association will determine the percentage of its members’ dues that represents the cost of “negotiations, contract administration, including grievances, and other activities” as are required under Sections 6-407(b) and (c) of the Education Article of the Annotated Code of Maryland. 2. The Association will base this determination on a review of financial records and other documents describing the Association’s activities and will be guided by the language of the Education Article of the Annotated Code of Maryland, the United State Supreme Court decisions in ▇▇▇▇▇ ▇. BRAC and ▇▇▇▇▇ v. Detroit Board of Education, and other relevant federal and state court decisions. 3. The representation fee will not include the cost of political or ideological activities unrelated to collective bargaining, other activities not germane to collective bargaining, or benefits, or activities, available to or benefiting only Association members. 4. The Association shall submit to the Board an annual audit letter from the General Counsel to the Maryland State Education Association that reflects the operational expenses of the Association and explains how the representation fee is calculated based on the audit. C. An employee whose religious beliefs are opposed to joining or financially supporting any collective bargaining organization is: 1. Not required to pay a representation fee; and 2. Required to pay an amount of money equal to the representation fee as determined under section B to a nonreligious, nonunion charity or to another charitable organization that is mutually agreed upon by the employee and the Association, and who furnishes to the Board and the Association written proof of the payment. D. If an employee who is required to pay a representation fee is employed in a unit position on a part-time basis or for less than a full contract year, the representation fee for the employee for said contract year will be a pro rata portion of the annual fee, based on annual salary. E. In the event an employee terminates employment, the Board shall deduct, when possible, the unpaid representation fees for the current year from the employee’s final check and transmit these fees promptly to the Association. F. If an employee who is required to pay a representation fee fails to do so, it is solely the responsibility of the Association to take appropriate steps - including the commencement of legal action against the employee - to collect the amount in question.