UNION MEMBERSHIP AND DUES 4.05.1 All employees who were members in good standing of the union on the date this agreement was ratified shall remain members in good standing. Any employee shall be deemed to be a member of the union unless that employee opts out, or has opted out, of membership by written notice to the union within thirty days of the date their appointment begins.
4.05.2 The employer shall deduct each month from the salary (if any) of each employee a sum equal to the monthly dues and/or assessments as certified to the employer from time to time by the treasurer of the union. The employer shall remit the amount deducted to the treasurer of the union by the end of the month in which deductions were made and at the same time forward a list of names of the persons from whom the deductions were made and their total monthly salary.
4.05.3 The union shall indemnify and save the employer harmless from any and all claims which may be made against it by an employee or employees for wrongful amounts deducted resulting from the union’s incorrect instructions or lack of instructions.
UNION MEMBERSHIP AND DUES DEDUCTION 4.01 All Employees have the right:
(a) to be members of the Union and to participate in its lawful activities;
(b) to bargain collectively with the Employer through the Union.
4.02 The Employer will, as a condition of employment, deduct from the earnings of each Employee covered by this Collective Agreement an amount equal to the dues as determined by the Union. The Union acknowledges that the deductions of amounts equal to the dues does not constitute membership in the Union and membership in the Union shall continue to be voluntary.
4.03 Consistent with the payroll system of the Employer, the Union will advise the Employer of the amount of its membership dues. An amount equal to said membership dues will be deducted from each Employee at the prescribed rate and remitted to the Union not later than the fifteenth (15th) of the month following. The remittance shall be accompanied by a list specifying the following:
(a) the Employee's name;
(b) mailing address;
(c) classification;
(d) site(s);
(e) Employee status; (Regular Full-time, Part-time, Temporary, Casual);
(f) Basic Rate of Pay;
(g) the amount of deduction for each Employee;
(h) the Employee's gross pay;
(i) personal phone number;
(j) Employee number;
(k) starting date;
(l) Employees on long term absence status where applicable. Long term absence shall mean any absence in excess of six (6) months; and
(m) unless already provided, a separate listing of all Casual Employees including the name of the Employee and date of hire.
4.04 The dues structure of the Union shall be on a percentage basis and the Union shall give not less than thirty (30) days notice of any change in the rate at which dues are to be deducted. Any change in the amount of deductions shall be implemented by the Employer at the next possible pay period following expiry of the notice period.
4.05 Where an accounting adjustment is necessary to correct an over or under payment of dues, it shall be effected in the succeeding month.
4.06 The Employer shall indicate the dues deducted and enter the amount on the T-4 slip supplied to the Employee.
Restrictions on Transfer of Limited Partnership Interests (a) Subject to the provisions of 9.2(b), (c) and (d), no Limited Partner may offer, sell, assign, hypothecate, pledge or otherwise transfer all or any portion of its Limited Partnership Interest, or any of such Limited Partner’s economic rights as a Limited Partner, whether voluntarily or by operation of law or at judicial sale or otherwise (collectively, a “Transfer”) without the consent of the General Partner, which consent may be granted or withheld in its sole and absolute discretion. Any such purported transfer undertaken without such consent shall be considered to be null and void ab initio and shall not be given effect. The General Partner may require, as a condition of any Transfer to which it consents, that the transferor assume all costs incurred by the Partnership in connection therewith.
(b) No Limited Partner may withdraw from the Partnership other than as a result of a permitted Transfer (i.e., a Transfer consented to as contemplated by clause (a) above or clause (c) below or a Transfer pursuant to Section 9.5 below) of all of its Partnership Units pursuant to this Article 9 or pursuant to an exchange of all of its Partnership Units pursuant to Section 8.4. Upon the permitted Transfer or redemption of all of a Limited Partner’s Partnership Interest, such Limited Partner shall cease to be a Limited Partner.
(c) Subject to 9.2(d), (e) and (f) below, a Limited Partner may Transfer, with the consent of the General Partner, all or a portion of its Partnership Units to (i) a parent or parent’s spouse, natural or adopted descendant or descendants, spouse of such descendant, or brother or sister, or a trust created by such Limited Partner for the benefit of such Limited Partner and/or any such Person(s), of which trust such Limited Partner or any such Person(s) is a trustee, (ii) a corporation controlled by a Person or Persons named in (i) above, or (iii) if the Limited Partner is an entity, its beneficial owners.
(d) No Limited Partner may effect a Transfer of its Limited Partnership Interest, in whole or in part, if, in the opinion of legal counsel for the Partnership, such proposed Transfer would otherwise violate any applicable federal or state securities or blue sky law (including investment suitability standards).
(e) No Transfer by a Limited Partner of its Partnership Units, in whole or in part, may be made to any Person if (i) in the opinion of legal counsel for the Partnership, the transfer would result in the Partnership’s being treated as an association taxable as a corporation (other than a qualified REIT subsidiary within the meaning of Section 856(i) of the Code), (ii) in the opinion of legal counsel for the Partnership, it would adversely affect the ability of the General Partner to continue to qualify as a REIT or subject the General Partner to any additional taxes under Section 857 or Section 4981 of the Code, or (iii) such transfer is effectuated through an “established securities market” or a “secondary market (or the substantial equivalent thereof)” within the meaning of Section 7704 of the Code.
(f) No transfer of any Partnership Units may be made to a lender to the Partnership or any Person who is related (within the meaning of Regulations Section 1.752-4(b)) to any lender to the Partnership whose loan constitutes a nonrecourse liability (within the meaning of Regulations Section 1.752-1(a)(2)), without the consent of the General Partner, which may be withheld in its sole and absolute discretion, provided that as a condition to such consent the lender will be required to enter into an arrangement with the Partnership and the General Partner to exchange or redeem for the Cash Amount any Partnership Units in which a security interest is held simultaneously with the time at which such lender would be deemed to be a partner in the Partnership for purposes of allocating liabilities to such lender under Section 752 of the Code.
(g) Any Transfer in contravention of any of the provisions of this Article 9 shall be void and ineffectual and shall not be binding upon, or recognized by, the Partnership.
(h) Prior to the consummation of any Transfer under this Article 9, the transferor and/or the transferee shall deliver to the General Partner such opinions, certificates and other documents as the General Partner shall request in connection with such Transfer.
UNION SECURITY AND DUES DEDUCTION Section 1 The Employer agrees to notify all new employees covered by this Agreement that the Union is the sole exclusive bargaining representative. It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement or on the date upon which this Agreement is signed, whichever is later, shall remain members in good standing and those who are not members on the effective date of this Agreement or the date upon which this Agreement is signed, whichever is later, shall on the sixty-first (61st) day following the effective date of this Agreement or the date upon which this Agreement is signed, whichever is later, become and remain members in good standing in the Union, or they shall pay service fees in accordance with the by-laws of the Union for the duration of the Agreement and any extensions thereof. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective date or the date upon which this Agreement is signed, whichever is later, shall on the sixty-first (61st) day following the beginning of such employment become and remain members in good standing in the Union or shall pay a service fee as stated above; and in the event an employee covered by the Agreement shall refuse and fail to become a Union member or to pay the service fee, the Employer shall terminate said employee’s employment, subject to conditions specified in Section 4 of this Article.
A. The Union will furnish the School district with deduction authorization cards signed in triplicate by the employee involved as or before each employee completes his/her probationary period. These cards will authorize the Board to make the necessary deductions each month on each employee following completion of his/her probationary period in accordance with the requirements of the National Labor Relations Act of 1947 and amendments thereto.
B. A form comparable to the authorization for dues check-off shall be available for signature by employees who elect to have their equivalent service fees deducted, rather than membership dues.
C. Upon signed authorization of the employee, the Employer agrees to make all authorized deductions on the first pay period of each month and shall pay same to the Secretary-Treasurer of the MEA prior to the end of the month.
D. The Union will furnish the Employer with a check-off list in alphabetical order in duplicate each month, indication thereon the amount due for each employee. One copy of this list shall be returned with the stipulated amount to the Union prior to the end of the month.
Section 3 The Union agrees to indemnify and save the Board of Education, including such individual school board members and the administration, harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action by the Board of Education for the purpose of complying with this Article.
Section 4 The Union shall notify the Employer and the employee by certified mail of any employee who is thirty (30) working days in arrears in the payment of membership dues or service fees. In the event the employee fails to pay either membership dues or service fees pursuant to the employee’s prior election, said employee shall be discharged by the Employer within thirty (30) working days of said notice. However, no employee will be terminated during the pendency of any appeal relative to the level of service fees.
Section 5 Non-bargaining unit employees will not perform bargaining unit work that would deprive bargaining unit employees of their regularly scheduled work day.
UNION SECURITY AND DUES CHECK-OFF Section 2.1. The Board agrees to deduct from or check off on the wages of employees for the payment of dues to the Operating Engineers, upon presentation of a written authorization individually executed by any employee.
Section 2.2. Payroll deductions shall be direct deposited to the account set up by the Treasurer and Financial Secretary of Local #95.
Section 2.3. The Board further agrees to continue to honor present dues deduction authorization executed by the employee in favor of the Operating Engineers, and to notify the local in case of any changes in deductions.
Section 2.4. The Operating Engineers agree to indemnify and save the Board harmless against any and all claims that may arise out of or by reason of action taken by the Board in reliance upon any authorization cards submitted by the Operating Engineers to the Board.
Section 2.5. Dues deduction authorization shall be irrevocable for a period of one (1) year. Union dues or fair share fees shall be deducted in twenty-four (24) installments commencing with the first full pay in July. The Union Financial Secretary shall, by June 20th of each year, provide the Boards Treasurer's office the new amount needed to be deducted. No charges shall be made for this service.
Section 2.6. The Board shall deduct monthly membership dues, permit fees, fair share fees and if appropriate, initiation fees payable to the Union, upon receipt of a voluntarily written individual authorization from any bargaining unit employee on a form provided by the Union. When an employee transfers from one appointing authority to another within the bargaining unit, the dues deduction notice or fair share notice, if one has been submitted, will be transferred to the new appointing authority. Each employee covered by this Agreement who fails voluntary to acquire or maintain membership in the Union shall be required to pay to the Union a fair share fee as a condition of employment. All employees in the bargaining unit pursuant to Section 4117.09 (C) of the Ohio Revised Code who do become, or do not remain, members in the Union shall, during a such period of non-membership, be required as a condition of employment to pay to the Union a fair share fee of an equal to the dues uniformly required of it’s members. The deduction of the fair share fee from the payroll checks of the bargaining unit employees shall be automatic within thirty (30) days of employment, or within thirty (30) days of the effective date of this Agreement and does not require authorization by the non-member employee. The Board is limited to deducting only Union dues, or fair share fees for the exclusive representation of the bargaining unit unless stated in this Agreement.
Section 2.7. The Board shall be obligated under this Article to terminate the employment of any employee by reason of his/hers failure to obtain or maintain membership in the Union as required by the Article upon receipt of written request for such termination from the Union. Upon termination the Board will post and fill the position with another contract person. The Union shall indemnify and hold the Board harmless from any action brought against the Board as a result of the provisions of this Section.