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8.1
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Any Unit Member who is a member of the Association, 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 authorization after the commencement of the school year shall be appropriately pro-rated to complete payments by the end of the school year.
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8.2
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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 fee in an amount equal to unified membership dues, initiation 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 Paragraph 8.1 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 Paragraph 8.3, said Unit Members shall be subject to suit by the Association for unpaid fees.
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8.3
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EXCEPTIONS
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8.3.1
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Any Unit Member who is a member of a religious body who’s traditional tenets or teachings include objections to joining or financially supporting
employee organizations shall not be required to join or financially support the Association 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 a non-religious, non-labor organization, charitable funds exempt from taxation under Section 501(c)(3) Title 26 of the Internal Revenue Code. Such organization or list of organizations will be approved by the District and Association.
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8.3.2
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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 Paragraph 8.3.1 above shall be made on an annual basis to the District as a condition of continued exemption from the provisions of Paragraph 8.1 and 8.2 of this Article. 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 on or before October 1 of each school year. The Association shall have the right of inspection in order to review said proof of payment.
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8.3.3
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Any Unit Member making payments as set forth in Paragraph 8.3.1 and 8.3.2 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 or arbitration procedures.
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8.4
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With respect to all sums deducted by the District pursuant to Paragraphs 8.1 and 8.2 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.
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8.5
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The Association agrees to furnish any information needed by the District to fulfill the provision of this Article.
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8.6
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HOLD HARMLESS
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8.6.1
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Association agrees to pay to the District all legal fees and legal costs incurred 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 provisions of this Agreement or their implementation.
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8.6.2
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Association agrees to pay to the District all legal fees and legal costs incurred 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 provisions of this Agreement or their implementation.
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