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Article 12: Fair Share

 

12.1

 

Any bargaining unit member hired after July 1, 1982, as a condition of employment, on or before thirty (30) days from the beginning of the 1993-94 school year shall join the Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of bargaining unit members of the Association, including local, state, and national dues.

 

In the event that the bargaining unit member does not pay the fair share fee directly to the Association by September 30 of that school year, the Board shall deduct the fair share fee from the wages in equal payments starting on October 15 and concluding June 15 of that school year.

 

Such fee shall be paid to the Association by the Board no later than ten (10) days following the deduction.

 

In the event of any legal action against the employer brought in a court or administrative agency because of its compliance with this article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:

 

  • The employer gives immediate notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and

 

  • The employer gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels.

 

The Association agrees that in any action so defended, it will indemnify and hold harmless the employer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the employer’s non-negligent compliance with this article.

 

The obligation to pay a fair share fee will not apply to any bargaining unit member who, on the basis of a bonafide religious tenet or teaching of a church or religious body of which such bargaining unit member is a member or a belief sincerely held with the strength of traditional religious views, objects to the payment of a fair share fee to the Association.  Upon proper substantiation and collections of the entire fee, the Association will make payment on behalf of the bargaining unit member to a mutually agreeable non-religious, charitable organization as per Association policy and the Rules and Regulations of the Illinois Educational Labor Relations Board.