ARTICLE 5: ORGANIZATIONAL SECURITY
5.1 Agency Fee:
Under the organizational security provisions of the collective bargaining agreement
with the District, nonmembers are required either to pay unified
Association/CTA/NEA dues or, while continuing as a nonmember of the Association,
to pay to the Association an agency fee equal to unified dues. All new teachers
to the District as a condition of employment will be required to either join
the AETA/CTA/ NEA or pay an agency fee equal to the cost of those services
that the exclusive representative is required to provide to all unit employees.
5.2 Authorized Deductions:
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
unified membership dues, initiation fees, general assessments or an agency
fee. Such authorization shall be in writing between June 1 and October 15
of any year as long as Association dues are based on a single annual membership
fee and on a thirty (30) day written notice if the Association dues are on
a continuous monthly basis.
5.3 One tenth Deduction:
Pursuant to such authorization, the District shall deduct one tenth (1/10)
of such dues from the regular salary check of the teacher each month for
ten (10) months. Deductions for teachers who sign such authorization after
the commencement of the school year shall be appropriately prorated to complete
payments by the end of the school year.
5.3.1
Any unit member who is not a member of the AETA/CTA/NEA or who does not make
application for membership within thirty (30) days from the date of commencement
of assigned duties with the bargaining unit shall become a member of the Association
or pay to the Association an agency fee in the amount equal to the cost of
those services that the exclusive representative is required to provide to
all unit employees. In the event that any teacher shall not authorize payroll
deduction or submit cash payment for the unified membership dues or agency
fee within sixty (60) days after the commencement of assigned duties within
the bargaining unit, the Association shall so inform the District. The District
shall immediately begin automatic payroll deductions as provided in Education
Code Section 45061 and in the same manner as set forth in Sections 5.1 5.3
of this Article.
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5.3.2
Prior to the implementation by the District of the automatic payroll deduction
for agency fee payers, the Association is required to have completed the
following as provided in PERB Regulation Sections 32900 32997:
a. notify agency fee payer the amount of fees
and how the fee was calculated on an annual basis;
b. provide an appeal procedure;
c. provide the notice either prior to or concurrent with the initial deduction
of agency fees;
d. provide escrow of certain fees;
e. exhaust a challenge procedure established by
AETA/CTA/NEA culminating in binding arbitration.
5.4
Religious Beliefs: Any unit member who is a member of a religious body whose
traditional tenets or teachings include objections to joining or financially
supporting an employee organization shall not be required to join or financially
support AETA/CTA/NEA, as a condition of employment, except that such unit member
shall pay in lieu of a service fee, sums equal to such service fee to one of
the following non religious, non labor organizations charitable funds exempt
from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code:
(1) Foundation to Assist California Teachers (FACT)
(2) American Heart Association
(3) American Cancer Society
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 District as a condition of continued exemption.
Proof shall be in the form of receipts and/or canceled checks indicating the
amount paid, date of payment, and to whom payment in lieu of the service fee
has been made. Such proof shall be presented on or before November 1 of each
school year. The Association shall have the right of inspection in order to
review said proof of payment.
5.5
Reasonable Costs: Any unit member making payments as set forth in Section 5.4
and who requests that the grievance or arbitration provisions of this Agreement
be used in his/her behalf, shall be responsible for paying the reasonable cost
of using said grievance or arbitration procedures.
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5.6
Remittance of Monies:
With respect to all sums deducted by the District pursuant to Sections 5.2
and 5.3, whether for membership dues or agency fee, the District agrees promptly
to remit such monies to the Association accompanied by an alphabetical list
of members 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.
5.7 Enforcement:
The Association agrees to furnish any information needed by the District to
fulfill the provisions of this Article and also agrees to enforce the provisions
of the Article.
5.8 Hold Harmless:
The Association agrees to hold the District harmless, and indemnify the District
for any and all costs related to actions brought by employees because of
deduction of Association dues or fees.
5.9
The Association shall have the exclusive right to decide and determine whether
any such action shall or shall not be compromised, resisted, defended, tried,
or appealed.