Representation Fee. A. As of July 1, 2011, pursuant to Section 6-504 of the Education Article of the Annotated Code of Maryland, and as a condition of employment, all members of the bargaining unit shall be required to either join the Association or pay a representation fee in the amount not to exceed the membership dues in the Association and its affiliates. Any unit member electing not to join the Association shall be required to pay the representation fee. The Association shall notify the Board of Education of those unit members that have elected not to join the Association and for which the Association notified the Board of Education to deduct a representation fee. The Association shall indemnify and save the Board harmless against any and all claims, demands, suits, and any other form of liability that shall arise out of or by reason of action taken or not taken by the Board for the purposes of complying with any of the provisions of this paragraph. If any provision of this paragraph is held to be in violation of any state or federal law, said provision shall be deemed to be modified to bring it into compliance with said law. B. A unit member employed for the 2010-2011 school year who is not a member of the ▇▇▇▇▇▇▇ County Education Association Support Personnel is exempt from the fee provided under this article. C. Any unit member employed after July 1, 2011 or thereafter, receiving a salary in excess of twenty two thousand five hundred dollars ($22,500.00) who does not join the ▇▇▇▇▇▇▇ County Education Association Support Personnel is liable for the fair share fee provided under this article. D. Any unit member having a bona fide religious objection to paying a representation fee to an organization designated as the exclusive bargaining agent for unit members shall be exempt from paying the representation fee. In lieu of paying the representation fee, the unit member shall pay the amount of the representation fee to a nonreligious, nonunion charity or to another charitable organization as may be mutually agreed upon by the employee and the exclusive representative, and furnish to the public school employer and the exclusive representative written proof of such payment. If written proof of payment is not furnished to both parties by December 31 of each year, the full representation fee shall be deducted from the remaining checks in the fiscal year.
Appears in 6 contracts
Sources: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement
Representation Fee. A. 1. As of July 1, 2011, 2016 pursuant to Section § 6-504 407 of the Education Article of to the Annotated Code of Maryland, and as a condition of employment, all members of the bargaining unit shall be required to either join the Association or pay a representation fee in the amount not to exceed the membership dues in the Association and its affiliates. Any unit member electing not to join the Association shall be required to pay the representation fee. The Association shall notify the Board of Education of those unit members that have elected not to join the Association and for which the Association notified the Board of Education to deduct a representation fee. The Association shall indemnify and save the Board harmless against any and all claims, demands, suits, and any other form of liability that shall arise out of or by reason of action taken or not taken by the Board for the purposes of complying with any of the provisions of this paragraph. If any provision of this paragraph is held to be in violation of any state or federal law, said provision shall be deemed to be modified to bring it into compliance with said law.
B. 2. A unit member employed for the 2010-2011 school year prior to July 1, 2016 and who is not a member of the ▇▇▇▇▇▇▇ County Education Administrators and Supervisors Association Support Personnel is exempt from the fee provided under this article.
C. 3. Any unit member employed after effective July 1, 2011 2016 or thereafter, receiving a salary in excess of twenty two thousand five hundred dollars ($22,500.00) thereafter who does not join the ▇▇▇▇▇▇▇ County Education Administrators and Supervisors Association Support Personnel is liable for the fair share fee provided under this article.
D. 4. Any unit member having a bona fide religious objection to paying a representation fee to an organization designated as the exclusive bargaining agent for unit members shall be exempt from paying the representation fee. In lieu of paying the representation fee, the unit member shall pay the amount of the representation membership fee to a nonreligious, nonunion charity or to another charitable organization as may be mutually agreed upon by the employee and the exclusive representative, and furnish to the public school employer and the exclusive representative written proof of such payment. If written proof of payment is not furnished to both parties by December 31 of each year, the full representation fee shall be deducted from the remaining checks in the fiscal year.
Appears in 3 contracts
Sources: Comprehensive Agreement, Comprehensive Agreement, Collective Bargaining Agreement
Representation Fee. A. As of July 1, 20112009, pursuant to Section 6-504 407 of the Education Article of the Annotated Code of Maryland, and as a condition of employment, all members of the bargaining unit shall be required to either join the Association or pay a representation fee in the amount not to exceed the membership dues in the Association and its affiliates. Any unit member electing not to join the Association shall be required to pay the representation fee. The Association shall notify the Board of Education of those unit members that have elected not to join the Association and for which the Association notified the Board of Education to deduct a representation fee. The Association shall indemnify and save the Board harmless against any and all claims, demands, suits, and any other form of liability that shall arise out of or by reason of action taken or not taken by the Board for the purposes of complying with any of the provisions of this paragraph. If any provision of this paragraph is held to be in violation of any state or federal law, said provision shall be deemed to be modified to bring it into compliance with said law.
B. A unit member employed for the 20102008-2011 2009 school year who is not a member of the ▇▇▇▇▇▇▇ County Education Association Support Personnel is exempt from the fee provided under this article.
C. Any unit member employed after July 1, 2011 for the 2009-2010 school year or thereafter, receiving a salary in excess of twenty two thousand five hundred dollars ($22,500.00) thereafter who does not join the ▇▇▇▇▇▇▇ County Education Association Support Personnel is liable for the fair share fee provided under this article.
D. Any unit member having a bona fide religious objection to paying a representation fee to an organization designated as the exclusive bargaining agent for unit members shall be exempt from paying the representation fee. In lieu of paying the representation fee, the unit member shall pay the amount of the representation fee to a nonreligious, nonunion charity or to another charitable organization as may be mutually agreed upon by the employee and the exclusive representative, and furnish to the public school employer and the exclusive representative written proof of such payment. If written proof of payment is not furnished to both parties by December 31 of each year, the full representation fee shall be deducted from the remaining checks in the fiscal year.
Appears in 3 contracts
Sources: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement
Representation Fee. A. As 7.1 The District and the Association recognize the right of July 1employees to form, 2011, pursuant to Section 6-504 of the Education Article of the Annotated Code of Marylandjoin, and as a condition participate in lawful activities of employmentemployee organizations and the equal alternative right of employees to refuse to form, all members of the bargaining unit shall be required to either join the Association or pay a representation fee join, and participate in the amount not to exceed the membership dues in the Association and its affiliates. employee organization activities.
7.2 Any unit member electing not who is a member of the FCEA/CTA/NEA, or who has applied for membership, may sign and deliver to join the Association District an assignment authorizing deduction of unified membership dues, initiation fees, and general assessments in the Association. Pursuant to such authorization, the District shall deduct one-tenth (1/10) of such dues from the regular salary check of the unit member each month for ten (10) months. Deductions for unit members who sign such authorization after the commencement of the school year shall be required appropriately prorated to pay the representation fee. The Association shall notify the Board of Education of those unit members that have elected not to join the Association and for which the Association notified the Board of Education to deduct a representation fee. The Association shall indemnify and save the Board harmless against any and all claims, demands, suits, and any other form of liability that shall arise out of or by reason of action taken or not taken complete payments by the Board for the purposes of complying with any end of the provisions of this paragraph. If any provision of this paragraph is held to be in violation of any state or federal law, said provision shall be deemed to be modified to bring it into compliance with said lawschool year.
B. A 7.3 The District shall not be obligated to put into effect any newly changed or discontinued deduction until the pay period commencing fifteen (15) days or more after such submission.
7.4 Any unit member employed for the 2010-2011 school year who is not a member of the FCEA/CTA/NEA, or who does not make application for membership within thirty (30) days of the effective date of this Agreement, or within thirty (30) days from the date of commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association a lawful representation fee in an amount not to exceed the unified membership dues, initiation fees, and general assessments. Such fee shall be payable to the Association in one lump sum cash payment in the same manner as required for the payment of membership dues, provided, however, that the unit member may authorize payroll deduction for such fee in the same manner as provided in Section 7.2 of this Article. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 7.2, the Association shall so inform the District, and the District shall immediately begin automatic payroll deduction, as provided in California Education Code, Section 45061, and in the same manner as set forth in Section 7.2 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions.
7.5 Any unit member who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join or financially support FCEA/CTA/NEA as a condition of employment; except that such unit member shall pay, in lieu of a service fee, sums equal to such lawful representation fee to a non-religious, non-labor organization, charitable fund exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code, including, but not limited to: ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Scholarship Fund FCEA Scholarship for Senior Students Foundation to Assist California Teachers (FACT) Folsom ▇▇▇▇▇▇▇ County Education Foundation (FCEF) Such payment shall be made on or before October 31st of each school year or in 10 monthly payments.
7.6 Proof of payment and a written statement of objection along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object to joining or financially supporting employee organizations, shall be made on an annual basis to the Association Support Personnel is exempt and District as a condition of continued exemption from the provisions of Sections 7.2, 7.3, and 7.4 above. Proof of payment shall include the amount paid, date of payment, and to whom payment was made. Such proof shall be presented to the Association and the District on or before June 30th of each school year. In the absence of such proof being provided, the employee shall, within thirty (30) days of June 30th, submit the prior year's lawful representation fee provided under this articleto the Association.
C. 7.7 Any unit member employed after July 1making payments as set forth in Sections 7.5 and 7.6 above, 2011 or thereafterand who requests that the grievance arbitration provisions of this Agreement be used in his/her behalf, receiving a salary in excess shall be responsible for paying the reasonable cost of twenty two thousand five hundred dollars ($22,500.00) who does not join the ▇▇▇▇▇▇▇ County Education Association Support Personnel is liable for the fair share fee provided under this articleusing said grievance arbitration procedures.
D. Any unit member having a bona fide religious objection 7.8 With respect to paying a representation fee all sums deducted by the District pursuant to an organization designated as the exclusive bargaining agent Sections 7.2, 7.3, and 7.4 above, whether for unit members shall be exempt from paying the representation membership dues, agency fee. In lieu of paying the , or lawful representation fee, the District agrees to promptly remit such monies to the Association, accompanied by an alphabetical list of unit member shall members for whom such deductions have been made, categorizing them as to membership or non-membership in the Association.
7.9 The Association agrees to promptly furnish any information needed by the District to fulfill the provisions of this Article.
7.10 The Association and the District hereby agree as follows:
7.10.1 The Association agrees to hold the District harmless and to pay to the amount District all reasonable legal costs incurred in defending against any suit, court action, and/or administrative action challenging the legality or constitutionality of the representation agency fee provisions of this Agreement or their implementation and to a nonreligious, nonunion charity pay any judgment or to another charitable organization as may be mutually agreed upon by the employee and settlement liability arising out of such challenge.
7.10.2 The Association shall have the exclusive representativeright to decide and determine whether any such action or proceeding referred to in paragraph 7.10.1 shall or shall not be compromised, and furnish to the public school employer and the exclusive representative written proof of such payment. If written proof of payment is not furnished to both parties by December 31 of each yearresisted, the full representation fee shall be deducted from the remaining checks in the fiscal yeardefended, tried, or appealed.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Representation Fee. The terms and conditions of this Agreement in regard to membership in the Association, as a required condition of employment, or alternatively, the payment of an amount equal to Association dues required for membership, as a required condition of employment are as follows:
A. As All certificated employees who are members of July 1, 2011, the Association shall maintain their membership in good standing in the Association during the life of this Agreement or pay a representation fee pursuant to Section 6-504 RCW 41.59.
B. All certificated employees hired after August 23, 1979, shall become a member of the Education Article of Association, or alternatively, have deducted from his/her salary a representation fee equivalent to the Annotated Code of MarylandAssociation dues required for membership, and as a condition of employment, all members .
C. Certificated employees who were in the employ of the bargaining unit shall be required District and not a member of the Association on August 23, 1979, and who notified the Association and the District within the prescribed ten (10) day period that they did not desire to either join become a member of the Association or pay a representation fee in the amount shall not be required to exceed the maintain membership dues in the Association and its affiliates. Any unit member electing not to join the Association shall be required or to pay the representation fee. The Association shall notify the Board of Education of those unit members that have elected not to join the Association and for which the Association notified the Board of Education to deduct a representation fee. The Association shall indemnify and save fee as a condition of employment during the Board harmless against any and all claims, demands, suits, and any other form of liability that shall arise out of or by reason of action taken or not taken by the Board for the purposes of complying with any of the provisions life of this paragraph. If any provision of this paragraph is held to be in violation of any state or federal law, said provision shall be deemed to be modified to bring it into compliance with said law.
B. A unit member employed for the 2010-2011 school year who is not a member of the ▇▇▇▇▇▇▇ County Education Association Support Personnel is exempt from the fee provided under this article.
C. Any unit member employed after July 1, 2011 or thereafter, receiving a salary in excess of twenty two thousand five hundred dollars ($22,500.00) who does not join the ▇▇▇▇▇▇▇ County Education Association Support Personnel is liable for the fair share fee provided under this articleAgreement.
D. Any unit member having a A certificated employee who objects to the payment of representation fees based on bona fide religious objection tenets or teachings of a church or religious body of which said employee is a member, shall have deducted from his/her salary an amount equivalent to paying a representation fee to an organization designated as the exclusive bargaining agent for unit members shall be exempt from paying the representation fee. In lieu of paying the representation fee, the unit member which shall pay the amount of the representation fee be transmitted to a nonreligious, nonunion charity or to another charitable organization as may be mutually agreed upon to by such employee and the Association. If the employee and the exclusive representativeAssociation are unable to agree on a charitable organization, and furnish to the public school employer and organization shall be determined by the exclusive representative written proof Public Employment Relations Commission (PERC), provided that such organization shall not be the church or religious body described above. The District shall send the Association verification of such payment. If written proof of payment is not furnished to both parties by December 31 of each year, the full representation fee transmittal.
E. Representation fees shall be deducted from the remaining checks employees' salaries in the fiscal yearsame manner as Association dues and shall be transmitted to the Association. A suitable record keeping system for application, deduction, payment, transmittal, etc. of representation fees shall be developed jointly by appropriate representatives of the Association and the District.
F. The Association, solely, shall assume the responsibility of providing such notification as it seems appropriate to bargaining unit members affected by these representation fee provisions and shall also provide a copy of said notification to the District.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Representation Fee. A. As 7.1 The District and the Association recognize the right of July 1employees to form, 2011, pursuant to Section 6-504 of the Education Article of the Annotated Code of Marylandjoin, and as a condition participate in lawful activities of employmentemployee organizations and the equal alternative right of employees to refuse to form, all members of the bargaining unit shall be required to either join the Association or pay a representation fee join, and participate in the amount not to exceed the membership dues in the Association and its affiliates. employee organization activities.
7.2 Any unit member electing not who is a member of the FCEA/CTA/NEA, or who has applied for membership, may sign and deliver to join the Association District an assignment authorizing deduction of unified membership dues, initiation fees, and general assessments in the Association. Pursuant to such authorization, the District shall deduct one-tenth (1/10) of such dues from the regular salary check of the unit member each month for ten (10) months. Deductions for unit members who sign such authorization after the commencement of the school year shall be required appropriately prorated to pay the representation fee. The Association shall notify the Board of Education of those unit members that have elected not to join the Association and for which the Association notified the Board of Education to deduct a representation fee. The Association shall indemnify and save the Board harmless against any and all claims, demands, suits, and any other form of liability that shall arise out of or by reason of action taken or not taken complete payments by the Board for the purposes of complying with any end of the provisions of this paragraph. If any provision of this paragraph is held to be in violation of any state or federal law, said provision shall be deemed to be modified to bring it into compliance with said lawschool year.
B. A 7.3 The District shall not be obligated to put into effect any newly changed or discontinued deduction until the pay period commencing fifteen (15) days or more after such submission.
7.4 Any unit member employed for the 2010-2011 school year who is not a member of the ▇FCEA/CTA/NEA, or who does not make application for membership within thirty (30) days of the effective date of this Agreement, or within thirty (30) days from the date of commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association a lawful representation fee in an amount not to exceed the unified membership dues, initiation fees, and general assessments. Such fee shall be payable to the Association in one lump sum cash payment in the same manner as required for the payment of membership dues, provided, however, that the unit member may authorize payroll deduction for such fee in the same manner as provided in Section 7.2 of this Article. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 7.2, the Association shall so inform the District, and the District shall immediately begin automatic payroll deduction, as provided in California Education Code, Section 45061, and in the same manner as set forth in Section 7.2 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions.
7.5 Any unit member who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join or financially support FCEA/CTA/NEA as a condition of employment; except that such unit member shall pay, in lieu of a service fee, sums equal to such lawful representation fee to a non-religious, non-labor organization, charitable fund exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code, including, but not limited to: ▇▇▇▇▇▇ County Education Association Support Personnel is exempt from the fee provided under this article.
C. Any unit member employed after July 1, 2011 or thereafter, receiving a salary in excess of twenty two thousand five hundred dollars ($22,500.00) who does not join the ▇▇▇▇▇▇▇ County Education Association Support Personnel is liable ▇▇▇▇ Scholarship Fund FCEA Scholarship for the fair share fee provided under this articleSenior Students Foundation to Assist California Teachers (FACT) Such payment shall be made on or before October 31st of each school year or in 10 monthly payments.
D. 7.6 Proof of payment and a written statement of objection along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object to joining or financially supporting employee organizations, shall be made on an annual basis to the Association and District as a condition of continued exemption from the provisions of Sections 7.2, 7.3, and 7.4 above. Proof of payment shall include the amount paid, date of payment, and to whom payment was made. Such proof shall be presented to the Association and the District on or before June 30th of each school year. In the absence of such proof being provided, the employee shall, within thirty (30) days of June 30th, submit the prior year's lawful representation fee to the Association.
7.7 Any unit member having a bona fide religious objection to paying a representation fee to an organization designated making payments as set forth in Sections 7.5 and 7.6 above, and who requests that the exclusive bargaining agent for unit members grievance arbitration provisions of this Agreement be used in his/her behalf, shall be exempt from responsible for paying the representation reasonable cost of using said grievance arbitration procedures.
7.8 With respect to all sums deducted by the District pursuant to Sections 7.2, 7.3, and 7.4 above, whether for membership dues, agency fee. In lieu of paying the , or lawful representation fee, the District agrees to promptly remit such monies to the Association, accompanied by an alphabetical list of unit member shall members for whom such deductions have been made, categorizing them as to membership or non-membership in the Association.
7.9 The Association agrees to promptly furnish any information needed by the District to fulfill the provisions of this Article.
7.10 The Association and the District hereby agree as follows:
7.10.1 The Association agrees to hold the District harmless and to pay to the amount District all reasonable legal costs incurred in defending against any suit, court action, and/or administrative action challenging the legality or constitutionality of the representation agency fee provisions of this Agreement or their implementation and to a nonreligious, nonunion charity pay any judgment or to another charitable organization as may be mutually agreed upon by the employee and settlement liability arising out of such challenge.
7.10.2 The Association shall have the exclusive representativeright to decide and determine whether any such action or proceeding referred to in paragraph 7.10.1 shall or shall not be compromised, and furnish to the public school employer and the exclusive representative written proof of such payment. If written proof of payment is not furnished to both parties by December 31 of each yearresisted, the full representation fee shall be deducted from the remaining checks in the fiscal yeardefended, tried, or appealed.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Representation Fee. A. As 10.2.1 The provisions of July Section, "Representation Fee," shall not apply to unit members initially employed by the District prior to April 1, 20111988, pursuant to Section 6-504 of the Education Article of the Annotated Code of Maryland, and except as a condition of employment, all members of the bargaining unit shall be required to either join the Association or pay a representation fee in the amount not to exceed the membership dues in the Association and its affiliates. specified above.
10.2.2 Any unit member electing not to join the Association shall be required to pay the representation fee. The Association shall notify the Board of Education of those unit members that have elected not to join the Association and for which the Association notified the Board of Education to deduct a representation fee. The Association shall indemnify and save the Board harmless against any and all claims, demands, suits, and any other form of liability that shall arise out of or by reason of action taken or not taken by the Board for the purposes of complying with any of the provisions of this paragraph. If any provision of this paragraph is held to be in violation of any state or federal law, said provision shall be deemed to be modified to bring it into compliance with said law.
B. A unit member employed for the 2010-2011 school year who is not a member of the ▇▇▇▇▇▇▇ County Education Association Support Personnel is exempt Rosemead Teachers Association, CTA/NEA, or who does not make application for membership within thirty (30) days of the effective date of this Agreement, or within thirty (30) days from the date of commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association a fee in an amount equal to unified membership dues, initiation fees and, general assessments, payable to the Association in one lump sum cash payment in the same manner as required for the payment of membership dues, initiation fees, and general assessments, provided, however, that the unit member may authorize payroll deduction for such fee in the same manner as provided under in section 10.1 of this articleArticle. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 10.1, the Association shall so inform the District, and the District shall immediately begin automatic payroll deductions as provided in Education Code section 45061 and in the same manner as set forth in Section10.2 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions.
C. 10.2.3 Any unit member employed after July 1who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join or financially support the Rosemead Teachers Association, 2011 or thereafter, receiving CTA/NEA as a salary in excess condition of twenty two thousand five hundred dollars ($22,500.00) who does not join the ▇▇▇▇▇▇▇ County Education Association Support Personnel is liable for the fair share fee provided under this article.
D. Any unit member having a bona fide religious objection to paying a representation fee to an organization designated as the exclusive bargaining agent for unit members shall be exempt from paying the representation fee. In lieu of paying the representation fee, the employment; except that such unit member shall pay the amount pay, in lieu of the representation a service fee, sums equal to such service fee to a nonreligiousnon-religious, nonunion charity non-labor organization, charitable funds exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code. (For example: Foundation to Assist California Teachers). Such payment shall be made on or before the first day of this contract of each school year.
10.2.4 Proof of payment and a written statement of objection along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object to another charitable organization as may joining or financially supporting employee organizations, pursuant to Section 10.2.3 above, shall be mutually agreed upon by the employee and the exclusive representative, and furnish made on an annual basis to the public school employer Association and the exclusive representative written proof District as a condition of such payment. If written proof of payment is not furnished to both parties by December 31 of each year, the full representation fee shall be deducted continued exemption from the remaining checks in the fiscal yearprovisions of Section10.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Representation Fee. A. As 7.1 The District and the Association recognize the right of July 1employees to form, 2011, pursuant to Section 6-504 of the Education Article of the Annotated Code of Marylandjoin, and as a condition participate in lawful activities of employmentemployee organizations and the equal alternative right of employees to refuse to form, all members of the bargaining unit shall be required to either join the Association or pay a representation fee join, and participate in the amount not to exceed the membership dues in the Association and its affiliates. employee organization activities.
7.2 Any unit member electing not who is a member of the FCEA/CTA/NEA, or who has applied for membership, may sign and deliver to join the Association District an assignment authorizing deduction of unified membership dues, initiation fees, and general assessments in the Association. Pursuant to such authorization, the District shall deduct one-tenth (1/10) of such dues from the regular salary check of the unit member each month for ten (10) months. Deductions for unit members who sign such authorization after the commencement of the school year shall be required appropriately prorated to pay the representation fee. The Association shall notify the Board of Education of those unit members that have elected not to join the Association and for which the Association notified the Board of Education to deduct a representation fee. The Association shall indemnify and save the Board harmless against any and all claims, demands, suits, and any other form of liability that shall arise out of or by reason of action taken or not taken complete payments by the Board for the purposes of complying with any end of the provisions of this paragraph. If any provision of this paragraph is held to be in violation of any state or federal law, said provision shall be deemed to be modified to bring it into compliance with said lawschool year.
B. A 7.3 The District shall not be obligated to put into effect any newly changed or discontinued deduction until the pay period commencing fifteen (15) days or more after such submission.
7.4 Any unit member employed for the 2010-2011 school year who is not a member of the FCEA/CTA/NEA, or who does not make application for membership within thirty (30) days of the effective date of this Agreement, or within thirty (30) days from the date of commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association a lawful representation fee in an amount not to exceed the unified membership dues, initiation fees, and general assessments. Such fee shall be payable to the Association in one lump sum cash payment in the same manner as required for the payment of membership dues, provided, however, that the unit member may authorize payroll deduction for such fee in the same manner as provided in Section 7.2 of this Article. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 7.2, the Association shall so inform the District, and the District shall immediately begin automatic payroll deduction, as provided in California Education Code, Section 45061, and in the same manner as set forth in Section 7.2 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions.
7.5 Any unit member who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join or financially support FCEA/CTA/NEA as a condition of employment; except that such unit member shall pay, in lieu of a service fee, sums equal to such lawful representation fee to a non-religious, non-labor organization, charitable fund exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code, including, but not limited to: • ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Scholarship Fund • FCEA Scholarship for Senior Students • Foundation to Assist California Teachers (FACT) • Folsom ▇▇▇▇▇▇▇ County Education Foundation (FCEF) Such payment shall be made on or before October 31st of each school year or in 10 monthly payments.
7.6 Proof of payment and a written statement of objection along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object to joining or financially supporting employee organizations, shall be made on an annual basis to the Association Support Personnel is exempt and District as a condition of continued exemption from the provisions of Sections 7.2, 7.3, and 7.4 above. Proof of payment shall include the amount paid, date of payment, and to whom payment was made. Such proof shall be presented to the Association and the District on or before June 30th of each school year. In the absence of such proof being provided, the employee shall, within thirty (30) days of June 30th, submit the prior year's lawful representation fee provided under this articleto the Association.
C. 7.7 Any unit member employed after July 1making payments as set forth in Sections 7.5 and 7.6 above, 2011 or thereafterand who requests that the grievance arbitration provisions of this Agreement be used in his/her behalf, receiving a salary in excess shall be responsible for paying the reasonable cost of twenty two thousand five hundred dollars ($22,500.00) who does not join the ▇▇▇▇▇▇▇ County Education Association Support Personnel is liable for the fair share fee provided under this articleusing said grievance arbitration procedures.
D. Any unit member having a bona fide religious objection 7.8 With respect to paying a representation fee all sums deducted by the District pursuant to an organization designated as the exclusive bargaining agent Sections 7.2, 7.3, and 7.4 above, whether for unit members shall be exempt from paying the representation membership dues, agency fee. In lieu of paying the , or lawful representation fee, the District agrees to promptly remit such monies to the Association, accompanied by an alphabetical list of unit member shall members for whom such deductions have been made, categorizing them as to membership or non-membership in the Association.
7.9 The Association agrees to promptly furnish any information needed by the District to fulfill the provisions of this Article.
7.10 The Association and the District hereby agree as follows:
7.10.1 The Association agrees to hold the District harmless and to pay to the amount District all reasonable legal costs incurred in defending against any suit, court action, and/or administrative action challenging the legality or constitutionality of the representation agency fee provisions of this Agreement or their implementation and to a nonreligious, nonunion charity pay any judgment or to another charitable organization as may be mutually agreed upon by the employee and settlement liability arising out of such challenge.
7.10.2 The Association shall have the exclusive representativeright to decide and determine whether any such action or proceeding referred to in paragraph 7.10.1 shall or shall not be compromised, and furnish to the public school employer and the exclusive representative written proof of such payment. If written proof of payment is not furnished to both parties by December 31 of each yearresisted, the full representation fee shall be deducted from the remaining checks in the fiscal yeardefended, tried, or appealed.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Representation Fee. A. As of July 1, 20112009, pursuant to Section 6-504 407 of the Education Article of the Annotated Code of Maryland, and as a condition of employment, all members of the bargaining unit shall be required to either join the Association or pay a representation fee in the amount not to exceed the membership dues in the Association and its affiliates. Any unit member electing not to join the Association shall be required to pay the representation fee. The Association shall notify the Board of Education of those unit members that have elected not to join the Association and for which the Association notified the Board of Education to deduct a representation fee. The Association shall indemnify and save the Board harmless against any and all claims, demands, suits, and any other form of liability that shall arise out of or by reason of action taken or not taken by the Board for the purposes of complying with any of the provisions of this paragraph. If any provision of this paragraph is held to be in violation of any state or federal law, said provision shall be deemed to be modified to bring it into compliance with said law.of
B. A unit member employed for the 20102008-2011 2009 school year who is not a member of the ▇▇▇▇▇▇▇ County Education Association Support Personnel is exempt from the fee provided under this article.
C. Any unit member employed after July 1, 2011 for the 2009-2010 school year or thereafter, receiving a salary in excess of twenty two thousand five hundred dollars ($22,500.00) thereafter who does not join the ▇▇▇▇▇▇▇ County Education Association Support Personnel is liable for the fair share fee provided under this article.
D. Any unit member having a bona fide religious objection to paying a representation fee to an organization designated as the exclusive bargaining agent for unit members shall be exempt from paying the representation fee. In lieu of paying the representation fee, the unit member shall pay the amount of the representation fee to a nonreligious, nonunion charity or to another charitable organization as may be mutually agreed upon by the employee and the exclusive representative, and furnish to the public school employer and the exclusive representative written proof of such payment. If written proof of payment is not furnished to both parties by December 31 of each year, the full representation fee shall be deducted from the remaining checks in the fiscal year.
Appears in 1 contract
Sources: Comprehensive Agreement
Representation Fee. A. As of July 1, 2011, pursuant to Section 6-504 of the Education Article of the Annotated Code of Maryland, and as a condition of employment, all members of the bargaining unit shall be required to either join the Association or pay a representation fee in the amount not to exceed the membership dues in the Association and its affiliates. Any unit member electing not to join the Association shall be required to pay the representation fee. The Association shall notify the Board of Education of those unit members that have elected not to join the Association and for which the Association notified the Board of Education to deduct a representation fee. The Association shall indemnify and save the Board harmless against any and all claims, demands, suits, and any other form of liability that shall arise out of or by reason of action taken or not taken by the Board for the purposes of complying with any of the provisions of this paragraph. If any provision of this paragraph is held to be in violation of any state or federal law, said provision shall be deemed to be modified to bring it into compliance with said law.
B. A unit member employed for the 2010-2011 school year who is not a member of the ▇▇▇▇▇▇▇ Garrett County Education Association Support Personnel is exempt from the fee provided under this article.
C. Any unit member employed after July 1, 2011 or thereafter, receiving a salary in excess of twenty two thousand five hundred dollars ($22,500.00) who does not join the ▇▇▇▇▇▇▇ Garrett County Education Association Support Personnel is liable for the fair share fee provided under this article.
D. Any unit member having a bona fide religious objection to paying a representation fee to an organization designated as the exclusive bargaining agent for unit members shall be exempt from paying the representation fee. In lieu of paying the representation fee, the unit member shall pay the amount of the representation fee to a nonreligious, nonunion charity or to another charitable organization as may be mutually agreed upon by the employee and the exclusive representative, and furnish to the public school employer and the exclusive representative written proof of such payment. If written proof of payment is not furnished to both parties by December 31 of each year, the full representation fee shall be deducted from the remaining checks in the fiscal year.
Appears in 1 contract
Sources: Comprehensive Agreement