ARTICLE 4 - ASSOCIATION RIGHTS

4.01 - Voluntary Dues Deduction

The Employer will deduct biweekly membership dues and, if appropriate, initiation fees, payable to the Association upon receipt of a voluntary written individual authorization from any employee on a form provided by the Employer.

The Employer will terminate dues deduction for any of the following reasons:

1. the employee signs a cancellation notification provided by the Employer;
2. the employee is reduced in force;
3. the employee is terminated, resigns or is permanently assigned to a classification title which is excluded from the bargaining unit.

The Employer for the term of this Agreement shall withhold other Association deductions from those employees who have voluntarily and individually authorized such deductions by executing a written authorization form.  Such deductions shall remain in effect until the Employer is properly notified in writing by the employee to terminate such deductions.

The Association may establish a dues payment plan for its members allowing them to pay annual dues directly to the Association and without any payroll deduction.  The Association shall provide the eEmployer with a list of employees who are paying their dues in this manner and for whom no payroll deduction is to be made, no later than September 30th of each membership year.

4.02 - Notification of the Amount of Dues and Fair Share Fee

Notice of the amount of the annual dues and annual fair share fee, which shall not be more than one hundred percent (100%) of the unified dues of the Association, shall be transmitted by the Association to the Employer on or about September 15th of each year during the term of this Agreement for the purpose of determining amounts to be payroll-deducted.

4.03 - Fair Share Fee

A. Payroll deduction of fair share fee

The Employer shall deduct from the pay of members of the bargaining unit who elect not to become or to remain members of the Association, a fair share fee for the Association's representation of such non-members during the term of this Agreement.

The payment of dues or fair share fee shall be required as a condition of employment.

The deduction of the fair share fee from the payroll checks of employees shall be automatic and does not require authorization by the non-member employee.

Biweekly payroll deduction of such annual fair share fees and the obligation to become a member or pay a fair share fee shall commence on the first pay date which occurs on or after January 15th annually.  In the case of unit employees newly hired after the beginning of the membership year, the payroll deduction shall commence on the first pay date on or after the later of:

1. Sixty days of employment in a bargaining unit position, or
2. January 15th.

Upon termination of membership during the membership year the Employer shall, upon notification from the Association that a member has terminated membership, commence the deduction of the fair share fee with respect to the former member, and the amount of the fee yet to be deducted shall be the annual fair share fee less the amount previously paid.  The deduction of any balance owed as a fair share fee shall commence on the first pay date occurring on or after forty-five (45) days from the termination of membership or January 15th, whichever is later.

4.04 - Transmittal of Specified Bargaining Unit Information and Association Monies Collected by the Employer

The Employer shall transmit to the Association within one week from the end of the pay period, a list of all monies collected on behalf of the Association.  Included within the list shall be the names of each employee from whom a deduction was taken, the pay period covered, the purpose of the deduction, and the amount deducted.  The Employer shall also provide the Association on a biweekly basis a list of all employees in the bargaining unit including those employees in inactive pay status.  The list shall contain the employee's name, home address, department, institution, classification title and number, and social security number.

4.05 - Rebate Procedure and Indemnification

A.           Procedure for rebate

The Association represents to the Employer that an internal rebate procedure has been established in accordance with applicable law.  A procedure for challenging the amount of the fair share fee has been established and will be given to each member of the bargaining unit who does not join the Association. Such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio.

B. Entitlement to rebate

Upon timely demand, non-members may apply to the Association for an advance reduction/rebate of the fair share fee pursuant to the internal procedure adopted by the Association.

The Association recognizes the Ohio Attorney General as counsel to defend the Employer against all claims or actions arising under this article.  The Association agrees to indemnify the Employer for any cost of defense or liability incurred as a result of the implementation and enforcement of this provision provided that:

1. the Employer shall give the Association thirty (30) days written notice from the date of receipt of any claim made or action filed against the Employer by an employee for which indemnification may be claimed;
2. the Employer agrees to (a) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding(s), (b) permit the Association or its affiliates to intervene as a party if so desired, (c) not oppose the Association's or its affiliates' application to file briefs amicus curiae in the action, and/or (d) permit the Association to participate in all settlements of any claims arising under this Article.
3. the Employer acted in good faith compliance with the fair share fee provision of this contract; however, there shall be no indemnification of the Employer if the Employer intentionally or willfully fails to apply, except due to court order, or misapplies such fair share fee provision herein.
4. the Employer shall not incur excessive costs under this Section.  In those cases where the Attorney General's Office directly provides representation there shall be no charge to the Association for attorneys' fees.

4.06 - Site Representatives

The right of the Association to appoint site representatives is recognized.  The Association shall be entitled to appoint one (1) site representative at each work facility employing two (2) or more full-time permanent employees of the bargaining unit. Designated site representatives will be granted release time as set forth in this Article and other portions of the Agreement. 

Site representatives shall have completed their initial probationary period, be employed in and limit their representative activities to the work facility to which they are appointed.

The Association shall provide written notification to the employing agencies of the appointment of all representatives seven (7) days prior to the effective date of any such designation.  No appointment shall be recognized until such notification is received by the employing agencies.

Release time shall be granted to Association site representatives, limited to the presentation of employee grievances and the representation of employees in pre-disciplinary conferences.  Release time may be granted by the employing agencies to Association site representatives for other functions where such release time is expressly provided for in this Agreement and/or authorized by the employing agencies.  However, release time shall not be granted to Association site representatives if a OEA Labor Relations Consultant or other designated Association representative is present at any grievance meeting or pre-disciplinary conference.

An Association site representative may use a reasonable amount of working time to receive and investigate complaints and grievances of employees on the premises of the Employer only if such activity does not interfere with or interrupt normal school or agency operations and prior approval has been granted by the representative's supervisor and the complainant's/grievant's  supervisor.

Employees needing an Association site representative's presence during working time shall direct their request to the site representative.  The site representative shall request release through his/her immediate supervisor.  Association site representatives will, upon entering any work area other than their own, and prior to engaging in any representative duties, report to the supervisor involved.

The OEA Labor Relations Consultant or other designated Association representative shall conduct business with the prior notification of the Employer at work facilities at reasonable times and shall not interfere with or interrupt normal school or facility operations.  The OEA Labor Relations Consultant or other designated Association representative shall adhere to any existing policies regarding non-employee access to the work facility.

The Employer shall provide the representative with a private space to meet with the employee(s).

Any disputes regarding this Article may be filed at Step Three (3) of the Grievance Procedure.

4.07 – Association Leave

A.     All requests for any form of time off from work pursuant to this Article must be made by completing a form or log provided by the Employer.  No employee will be granted any time off pursuant to this Article, without completing the form or log prior to the utilization of such time, and securing of permission to utilize such time.  The employee shall enter on the form the time the leave commences, and upon returning the employee shall enter the return time.  Employees who do not return to their worksite prior to the end of the employees’ workday shall complete the form at the beginning of the employees’ next workday.  Employees who normally work out of the office, will work out an acceptable alternative union leave request procedure with their supervisor.  In the absence of a mutually agreed to form the employee shall use state leave forms.

B.     The Employer agrees to provide the Association with a bank of one thousand seven hundred (1,700) hours each year of the Agreement. The purpose of this leave is to administer Section(s) of the Agreement as outlined below: (No more than one (1) representative will be released per event related to the administration of Articles 5, 6, and 13.  However, only the President and Grievance Chair may cross agency lines, except where mutually agreed.  If both are to be unavailable, a designee is to be named to OCB by the Association for the date(s) of their mutual absence.)

Article 5, Section 5.06(A), Association Representation

Article 5, Section 5.10 and Appendix I - Grievance Mediation Procedure

Article 6, Section 6.01 and Appendix H – Arbitration Rules

Article 6, Section 6.03 2, Scheduling of Arbitration

Article 13, Section 13.02, Investigatory Meeting

Article 13, Section 13.03, Pre-Suspension or Pre-Termination Conference

Article 18, Reductions in Force

Impact Bargaining

Grievance, Membership, Election, and Communication Committee Work (The Association shall serve written notice to the Deputy Director of the Office of Collective Bargaining by September 1^st of each year regarding which Association members serve on each committee.) 

Association representatives, delegates and officers may also utilize this bank of hours to attend conferences, conventions, and training sessions.  The Association will provide written notification to the Office of Collective Bargaining with a copy to the employing agency for all requests of Association leave.  No use of such leave will be authorized by the Office of Collective Bargaining unless notification of the eligibility of the employee making the request is received by the Employer from the Association.

The Association shall notify the Employer of the dates of national conferences and conventions to which Association delegates may be sent ninety (90) days in advance of the event. Requests for use of leave time for such events must be submitted in writing to the Office of Collective Bargaining ninety (90) days in advance of the event.  Other uses of time by Association representatives will require written notification to the Office of Collective Bargaining of five (5) days.  This time limit may be waived at the discretion of the Office of Collective Bargaining.

Association Representatives may utilize leave pursuant to this Section of the Collective Bargaining Agreement in increments of two (2) hours.  No Association representative may utilize more than one hundred and sixty (160) hours of Association leave in a calendar fiscal year. The Association will notify the Office of Collective Bargaining on an annual basis by June 30^th each year those employees designated as Association Representatives for the following fiscal year.

Additionally, the President, Vice-President, Secretary and Treasurer will be given a bank of forty (40) ten (10) additional days of administrative leave per fiscal year to conduct Union business.  No individual may utilize more than ten (10) days of this administrative leave.  The officers listed above shall be charged one day for the use of any part of a day.

Employees on approved Association leave pursuant to this Section shall suffer no loss for leave accrual purposes as specified in Articles 26, 27 and 30.

Requests to utilize such leave will be granted dependent upon adequacy of staff to cover the work unit and such requests will not be unreasonably denied.  In the event of an emergency, the approved leave may be cancelled.

4.08 - Orientation

A designated site representative or OEA Labor Relations Consultant shall be given the opportunity to address orientation programs conducted by the Employer for new employees.  The presentation shall be for a reasonable amount of time and at a time mutually agreed to, in advance, by the Employer and the Association.

4.09 - Bulletin Boards

The employing agencies shall provide a suitable bulletin board at each work facility where ten (10) or more employees are assigned.  Where ten (10) or less employees are assigned, an alternate space will be provided.  The purpose of the bulletin board or alternate space is to post notices and other materials affecting employees.  The posting of any Association materials shall be restricted to such bulletin board or alternate space as provided.  Any material posted shall be dated and signed by the appropriate Association representative.

No such materials may be posted at any time which contain any of the following:

1. personal attacks upon any other employee;
2. attacks on any other employee organization;
3. derogatory attacks upon the management of the Employer,; or
4. or partisan campaign literature.

If the posting is not authorized, the Association will not accept any liability and will immediately remove the materials from the bulletin board or alternate space.

Upon notice of a violation of this section, an Association Representative shall remove such prohibited material.

4.10 - Mail Service

The employing agencies shall designate a representative at work facilities where mailboxes for employees currently exist or are created during the term of this Agreement.  The employing agency representative shall have the responsibility to promptly place in such mailboxes materials received from an authorized Association representative.  All materials placed into the mailboxes on behalf of the Association shall be the property of the employee to whom it is addressed.  No other employee organization shall have the right to have materials placed in mailboxes.

The Association may use the mail service distribution no more than twice each month.  All Association materials must also conform to standards established by existing or revised mail policies of affected employing agencies.

The Employer shall be held harmless for deliveries stemming from such usage of these mailboxes.

4.11 - Committee Members and Representatives

The Association retains the exclusive right for the selection of its own committee members and representatives.