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ARTICLE XIII
ORGANIZATIONAL SECURITY
13.1 The District and the Association recognize the right of unit members to form, join and participate in lawful activities of employee organizations and the equal alternative right of unit members to refuse to form, join and participate in employee organization activities.
13.2 Any unit member who is a member of the Association thirty (30) days after this Agreement becomes effective or who enrolls in membership during the term of this Agreement shall maintain such membership for the term of this Agreement. A unit member may revoke such membership, in writing, within thirty (30) days prior to the termination of this Agreement.
13.3 The right of payroll deduction for payment of organizational dues shall be accorded by the District exclusively to the Association and shall not be accorded any other organization whose members are part of the bargaining unit represented by the Association. Association members who currently have authorization cards on file for the above purposes need not be resolicited. Association dues and fees upon formal written request from the Association to the District, shall be increased or decreased without resolicitation and authorization from the unit members.
13.4 Pursuant to written authorization by the unit member, the District shall deduct one-tenth (1/10) of the Association dues and fees from the regular salary check of the unit member each month. Deductions for unit members who sign such authorization after commencement of the school year shall be appropriately prorated to complete the payment by the end of the school year.
13.5 With respect to all sums deducted by the District pursuant to the written authorization of the unit member for membership dues, the District agrees promptly to remit such monies to the Association, at an address designated by the Association, along with an alphabetical list of unit members for whom such deductions have been made.
13.6 Any unit member who is a member of the UTP/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-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 written authorization after the commencement of the school year shall be appropriately prorated to complete payments by the end of the school year. Such authorization shall continue in effect from year to year unless revoked in writing. A unit member who revokes his/her authorization for the payroll deduction of dues, fees and assessments or the non-member service fee shall transmit such amount to the Association in compliance with Sections 13.7 and 13.8 below.
13.7 Any unit member who is not a member of the UTP/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 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 13.6 of this Article. In the event that a unit member does not pay such fee
directly to the Association, or authorize payment through payroll deduction as provided in Section 13.6, 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 13.6 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions.
13.8 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 UTP/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 organization, charitable funds exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code:
1. United Teachers of Pasadena Memorial Scholarship Fund 2. Pasadena Educational Foundation 3. City of Hope
13.8.1 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 13.8 above, shall be made on an annual basis to the District as a condition of continued exemption from the provisions of Sections 13.6 and 13.7 of this Article. Proof of payment shall be in the form of receipts and/or cancelled 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 in accordance with the timelines contained in Section 13.7 above. The Association shall have the right of inspection in order to review said proof of payment.
13.8.1.1 A unit member seeking to invoke the provisions of Section 13.8 shall submit an application to the Association within the time limits set forth in Section 13.7 upon receipt of notice of his/her obligation under Section 13.8. Failure to make a request for exemption within the time specified shall be deemed a waiver of the unit member's right to invoke Section 13.8 for that school year.
Within ten (10) calendar days of receipt of such application, the Association may reject the request if the Association has reason to doubt the veracity of the claimed objection. The unit member may, within ten (10) calendar days of the receipt of the denial, appeal the exemption decision of the Association to an arbitrator. Failure to timely appeal shall waive the right to exemption for the school year. The decision of the arbitrator shall be final and binding on the Association and the unit member. Each school year, all such appeals shall be consolidated for hearing by a single arbitrator selected by the Association and the unit member(s) pursuant to Section 5.3.4.1 of this Agreement. The fees and costs of the arbitrator shall be paid by the Association. All other costs shall be borne by the party incurring them.
13.8.2 Any unit member making payments as set forth in Sections 13.8 and 13.8.1 above, 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 and arbitration procedures.
13.9 With respect to all sums deducted by the District pursuant to Sections 13.1 and 13.2 above, whether for membership dues or agency 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. There shall be no charge to the Association for such deductions.
13.10 The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article.
13.11 The Association agrees that it will indemnify and hold harmless the District from attorney’s fees, costs, charges, fees, awards and damages arising out of any matter commenced against the District due to compliance by the District with its obligations under this Article. The District agrees that in consideration of Association’s obligation hereunder the District will notify the Association in writing of any matter within thirty (30) days of service thereof upon the District. The District and the Association shall both fully cooperate with each other on any matter commenced against the District. The Association may, at its discretion, determine whether to defend, settle in whole or in part or appeal the matter. In the event the Association makes a determination to settle or not to appeal, its liability under this section shall be limited to costs, fees, charges, awards, judgments and/or settlements to that date. If the District continues to participate in the matter, it shall be at its own expense for further monetary obligations. |
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