06: Association Security

ARTICLE 6: ASSOCIATION SECURITY

Section 6.1 - Payroll Deduction of Membership Dues. Any unit member who is a member of the Association, or who has applied for membership, may sign and deliver to the District on the Payroll Deduction form supplied by the District, an assignment authorizing deduction of membership dues, initiation fees, and general assessments in the Association. The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period, which commences thirty (30) days or more after submission to the District’s Payroll Office.

Section 6.2 - Fair Share. Any unit member who is not a member of the Association, 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 service fee. The service fee shall be established by the Association. The service fee shall be payable to the Association in a one-lump, 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 6.1 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 6.1, the Association shall so inform the District, and the District shall immediately begin automatic payroll deduction as provided in Education Code Section 45061 and in the same manner as set forth in Section 6.1.

Section 6.3 - Alternate Payment. In the event a unit member cannot, for reasons of religious objection as provided for in Government Code Section 3546.3, pay the service fee to the Association, unit member shall not be required to join, maintain membership in, or financially support the Association as a condition of employment, except that such unit member shall be required, in lieu of the service fee, to pay a sum equal to such service fee to either the Colton High School Scholarship Foundation, the Bloomington High School Scholarship Foundation, any District or PTA fund that meets the provisions set forth in this subsection, or any charitable organization that meets the provisions of this subsection. Such payment shall be made within thirty (30) days from the date of commencement of assigned duties within the bargaining unit. Proof of payment shall be made on an annual basis to the Association and District as a condition of continued exemption from the provisions of Sections 6.1 and 6. 2 above. Proof of payment 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 October 1 of each school year.

Section 6.4 - Remitting Dues and Service Fee. With respect to all sums deducted by the District pursuant to Sections 6.1 and 6.2 above, whether for membership dues or service fees, the District agrees to promptly remit such monies to the Association accompanied by an alphabetical list of unit members for whom such deductions have been made.

Section 6.5 - Information . The Association shall furnish any information needed by the District to fulfill the provisions of this Article.

Section 6.6 - Indemnification. The Association agrees to pay to the District all reasonable legal fees, costs, and expenses incurred in defending against any court action and/or administrative action before the Public Employment Relations Board challenging the legality and/or constitutionality of the agency fee provisions of this agreement or their implementation, and to pay any final judgment or settlement arising from such action. The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to above shall or shall not be compromised, resisted, defended, tried, or appealed. Within ten (10) days of proper service of a claim, demand, suit, or other legal action against any protected Party, the District shall inform the Association and provide the Association with copies of any documents received as a result of the legal action. Upon request, the District shall provide the Association’s legal counsel with documents and information reasonably related to providing a defense.

Section 6.7 - Implementation and Term of Service Fee. The provisions of Section 6.2 and 6.3 were implemented upon a majority vote of voting unit members. The election was conducted by the Public Employment Relations Board.

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