ARTICLE 6 - AGENCY SERVICE FEE
Section 1.
Each employee who elects not to join or maintain membership in the Union shall be
required to pay as a condition of employment, beginning thirty (30) days following
the commencement of his/her employment, an agency service fee to the Union in an
amount that is equal to the amount required to become and remain a member in good
standing of the exclusive bargaining agent.
Section 2.
This Article shall not become operative until this Agreement has been formally executed,
pursuant to a vote of a majority of all employees in that bargaining unit present and voting.
Section 3.
The Union shall reimburse the Employer for any expenses incurred as a result of being
ordered to reinstate an employee terminated at the request of the Union for not paying
the agency service fee. The Union will intervene in and defend any administrative or
court litigation concerning the propriety of such termination for failure to pay the
agency service fee. In such litigation, the Employer shall have no obligation to defend
the termination.
Section 4.
Disputes between the parties concerning this Article shall be resolved in accordance
with the grievance procedure contained in this Agreement. In the event such a dispute
is submitted to arbitration, the arbitrator shall have no power or authority to order
the Employer to pay such agency service fee on behalf of any employee. If the arbitrator
decides that an employee has failed to pay or authorize the payment of the agency service
fee in accordance with this Article, the only remedy shall be the termination of the
employment of such employee if the employee continues to refuse to pay or authorize
payment of the required agency service fee after having sufficient time to do so.
Section 5.
It is specifically agreed that the Employer assumes no obligation, financial or otherwise,
arising out of the provisions of this Article, and the Union hereby agrees it will
indemnify and hold the Employer harmless from any claims, actions or proceedings by
an employee arising from the termination of an employee hereunder.