Article 10: Organizational Security
10.1 The Association, pursuant to its rights under Government Code section 3546, has notified the District that, effective July 1, 2001, all bargaining unit members who do not fall within the exempted category as set forth in 10.4 and who have not voluntarily made application for membership in the Association by July 30, 2001, or within thirty (30) days from the date of commencement of assigned duties, shall become a member of the Association or shall pay to the Association an agency fee in an amount to be determined by the Association and consistent with applicable law. Such agency fee shall be payable to the Association in one lump sum cash payment or authorized through payroll deduction as provided in 10.2. In the event that a bargaining unit member does not pay such fee directly to the Association, or authorize payment through payroll deduction, the District shall begin automatic payroll deduction as provided in Education Code Section 45061 and in the same manner as set forth 10.2.
- 10.1.1 The Association shall annually provide, to each bargaining unit member who is required to pay an agency fee, written notice of the amount of the agency fee and the procedure for appealing all or any part of the agency fee consistent with current law and all applicable regulations and decisions of the Public Employment Relations Board.
- 10.1.2 Any disputes over the amount of the agency fee shall be resolved in a manner consistent with applicable law.
10.2 Any unit member who is a member of the Burbank 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. 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 bargaining unit members who sign such authorizations after the beginning of the school year shall be prorated in such manner that the employee will pay membership dues only in proportion to the number of school months during the school year in which the employee is a member of the Association. Any fraction of a month of membership shall be counted as a full month. Unit members who currently have authorization cards on file for the above purpose need not be re-solicited. Such authorization shall continue in effect unless revoked in writing in accordance with the provisions of this Article.
- 10.2.1 The District shall not deduct monies specifically earmarked for ABC, PAC or other political activities unless such deduction is affirmatively, separately and specifically authorized in writing by the unit member.
- 10.2.2 A unit member who revokes authorization for the payroll deduction of dues, fees and assessments consistent with the provisions of this Article shall comply with 10.1 or 10.4.
10.3 With respect to all deductions by the District pursuant to this Article, whether for membership dues or agency fee, 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, categorizing them as to membership, agency fee payer, or charity donation, and indicating any changes in personnel from the list previously furnished. There shall be no charge to the Association for such deductions.
10.4 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, maintain membership in, or financially support BTA/CTA/NEA as a condition of employment. However, in lieu of an agency fee such unit member shall pay a sum equal to such agency fee to one of the following nonreligious, nonlabor organization, charitable funds exempt from taxation under Section 501 (c)(3) of Title 26 of the Internal Revenue Code:
a. American Heart Association
b. City of Hope
c. Ronald McDonald Cancer Fund
- 10.4.1 Proof of payment, pursuant to section 10.4, shall be made on an annual basis to the District as a condition of continued exemption from the provisions of 10.1 and 10.2. 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 agency fee has been made. Such proof shall be presented within thirty (30) days of the effective date of this Agreement or within thirty (30) days of commencement of assigned duties. No services may be received by a unit member for such donation. The Association shall have the right of inspection in order to review said proof of payment.
- 10.4.2 Any unit member making payments as set forth in this Section, who requests use of the
grievance or arbitration provisions of this Agreement, shall be responsible for paying to the Association the reasonable cost of using such procedures.
10.5 Hold Harmless and Indemnity Provision
- 10.5.1 The Association, as defined by this Agreement, shall fully and promptly reimburse the District for reasonable legal fees and costs incurred in responding to or defending against any legal or administrative actions which are actually brought against the District or any of its agents by other than the Association in connection with the administration or enforcement of this Article.
- 10.5.2 Upon notice that the District is going to seek indemnification or to be held harmless under this provision, the Association shall have the right to meet with the District regarding the reasonableness and merit of any suit or action for which the District seeks indemnification and shall attempt to agree whether any such action listed in Section 10.5.1 shall be compromised, resisted, defended, tried, or appealed.
- 10.5.3 The Association shall have the right to determine, after consultation with the District, whether such action or suit shall or shall not be compromised, settled, resisted, defended, tried or appealed. The Association shall cooperate in good faith with the District in any determination of whether such action or suit shall or shall not be compromised, settled, resisted, defended, tried or appealed. Each party shall act reasonably to protect the interests of the other party. The Association shall not unilaterally make any decision with regard to such action or suit if such decision includes or involves the admission of any wrong doing by the District, its officers, its agents, or its employees; if such decision includes or involves any financial or personal liability of the District, its officers, its agents, or its employees (unless the Association agrees to assume such liability); or if such decision requires the District to violate any law, prior contractual commitment made by the District, or any District policy.