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ARTICLE 33: FAIR SHARE REPRESENTATION FEE (Effective September, 1992)

33.1     Fair Share (Representation Fee)

 

33.1.1     Any unit member who is a member of the Yuba City Teachers Association/CTA/NEA, or who has applied for membership, may sign and deliver to the 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-twelfth (1/12) of such dues from the regular salary check of the unit member each month for twelve (12) months.  Deductions for unit members 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.

 

33.1.2     Any unit member who is not a member of the Yuba City 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 (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, initial fees and general assessments, payable to the Association in one (1) 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 33.1.1 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 33.1.1, 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 33.1.1 of this Article.  There shall be no charge to the Association for such mandatory representation fee deductions.

 

33.1.3     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 YCTA/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 (1) 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:

 

a.      Foundation to Assist California Teachers

 

b.      Casa de Esperanza

 

c.      Crippled Children

 

d.      Special Olympics

 

e.      American Cancer Society

 

f.       Alcoholics Anonymous

 

g.      Parents’ Place

 

h.      A charity, as defined above, of the unit member’s choice.

 

Such payment shall be made on or before December 1 of each school year.

 

33.1.4     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 joining or financially supporting employee organizations, pursuant to Section 33.1.3 above, shall be made on an annual basis to the Association and District as a condition of continued exemption from the provisions of Sections 33.1.1 and 33.1.2 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 representation fee has been made.  Such proof shall be presented on or before December 1 of each school year.

 

33.1.5     Any unit member making payments as set forth in Sections 33.1.3 and 33.1.4 above, and who requests that the grievance or arbitration provisions of this Agreement be used in his or her behalf, shall be responsible for paying the reasonable cost of using said grievance or arbitration procedures.

 

33.1.6     With respect to all sums deducted by the District pursuant to Sections 33.1.1 and 33.1.2 above, whether for membership dues or representation fee, the District agrees promptly to remit such monies to the Association accompanied by an alphabetical list of unit 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.

 

33.1.7     The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article.

 

33.1.8     Indemnification and Hold Harmless

 

a.      Yuba City Teachers Association/CTA/NEA agrees to pay to the District all reasonable legal fees and legal costs incurred by the District in defending against any court action and/or administrative action before the Public Employment Relations Board challenging the legality or constitutionality of the agency fee provision of this Agreement or their implementation.  The Association agrees that payments under this provision shall be made on a semi-annual basis.

 

b.      Yuba City Teachers Association/CTA/NEA agrees to indemnify and hold the District harmless from any award or judgment which may result from a court action or administrative action referenced in Section 33.1.8.a. above.

 

c.      The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to in Section 33.1.8.a or 33.1.8.b shall or shall not be compromised, resisted, defended, tried or appealed.

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