Article V - Association Rights by Springboro Board of Education Lyrics
5.01 Dissemination of Information
(a) The ASSOCIATION shall have the following sole and executive rights:
(1) To use bulletin boards in the employees‘ workroom(s) for the posting of official ASSOCIATION announcements or bulletins; provided, however, this shall not permit the posting of any item concerning any School Board candidate election.
(2) To use the school mail and mailboxes, provided that all material distributed to employees shall be sent to the Principal of the building and to the Superintendent concurrent with distribution.
(3) To have its President furnished with the names and addresses of newly employed employees following Board approval of their contracts.
(4) To be given appropriate time during the pre-school general meeting for instruction regarding registration and enrollment in the ASSOCIATION.
5.02 Use of Facilities and Equipment
(a) The ASSOCIATION shall have the right to use school rooms and equipment when such rooms and equipment are not in use and provided that use ls arranged in advance and does not interfere with the school program, that the purpose is for internal business of the ASSOCIATION, and that any supplies or out-of-pocket expenses in connection with such use will be supplied or paid for by the ASSOCIATION.
5.03 ASSOCIATION Meetinqs With Members
(a) The President and/or his/her designee(s) may meet with any other member in the District during their lunch break, before and after the student day. The President and his/her designee(s) shall notify the Principal of any visitation to the building.
5.04 BOARD Meetings
(a) Prior to each BOARD meeting, the President of the ASSOCIATION shall be provided with an agenda and minutes of previous meetings as included with the agenda. Any addendum to the agenda shall be distributed to the ASSOCIATION President at the BOARD meeting.
(b) The President of the ASSOCIATION shall have the right to speak at BOARD meetings on any item of concern to members at a time designated by the BOARD.
(c) The President of the ASSOCIATION shall have the right to speak at BOARD meetings on any item of concern to members and at a time designed by the BOARD.
5.05 District Committees
(a) The ASSOCIATION shall have the right to recommend employees to serve on district wide committees which require the participation of employees as established by the BOARD and/or Superintendent. At least one (1) person on each such committee will be a person mutually agreeable to the ASSOCIATION and the Superintendent. Such individual shall be the ASSOCIATION's representative on the committee.
(b) Building level committees shall not be considered "district committees" as defined in this Agreement. Such committees are only advisory in nature. Concerns about the activities of building committees may be addressed in Liaison Committee meetings.
(c) The BOARD and the ASSOCIATION have established a Local Professional Development Committee (LPDC) in accordance with the provisions of the Ohio Revised Code. The By-Laws of this LPDC Planning Committee shall govern the operations of the LPDC‘ Decisions of the LPDC shall not be subject to the grievance procedure, but rather to the appeal process as outlined in the LPDC By-Laws.
5.06 Prohibition of Reprisals
(a) There will be no reprisals of any kind taken against any member by reason of his/her membership in the ASSOCIATION or participation in any activities, excluding illegal acts.
5.07 Right to Representation
(a) In the event any Administrator intends to hold a meeting with any employee during which matters related to the possible discipline, transfer, non-renewal or termination of the employee is likely to be discussed, the employee will be advised of such fact prior to the meeting and will be permitted to bring an ASSOCIATION representative to the meeting. It is the responsibility of the employee to make arrangements for the presence of such ASSOCIATION representative. It is understood that any evaluaticnlobsen/ation pre-conference andlor the initial conference concerning any "formal observation" or "evaluation" of an employee does not come within the scope of this provision; provided, however, an employee may within five (5) calendar days after such an initial conference at his/her request have a second conference with the Administrator at which an ASSOCIATION representative may be present if desired by the employee.
5.08 Association Related Meetings
(a) The local ASSOCIATION President and officially elected delegates or alternates shall be given leave by the BOARD to attend the annual NEA/OEA Representative Assemblies. The ASSOCIATION shall be responsible for paying the cost of the substitute for said delegates.
(b) The ASSOCIATION shall also be allowed to purchase up to five (5) days‘ release time for the President or any authorized designee by reimbursing the District for the cost of the substitute.
5.09 Payroll Deductions
(a) The BOARD shall provide, through its Treasurer, payroll deductions for the purposes outlined below as a sen/ice to the District's employees. Neitherthe BOARD northeASSOC|ATlON assumes any obligation, financial or otherwise, arising out of the provisions of this section. The individual employee shall indemnify and hold the BOARD and its Treasurer and the ASSOCIATION harmless for any and all claims, grievances, arbitration, awards, suits, attachments or other proceedings arising out of or by reason of any action taken with respect to any payroll deduction of funds as listed.
(1) Retirement
(2) Withholding tax for National, State or Local Governmental units, as required by law
(3) Health Care insurance
(4) Personal insurance (i.e., Group Life, optional life or other health insurance)
(5) Association Dues (subject to Section 510 below)
(6) Tax Sheltered Annuities
(7) United Way
(8) Credit Union
(9) Any Court-ordered Deduction
(10) Voluntary Political Contributions
(11) SEA Scholarship Fund
(12) Government Bonds
(b) During January of each year, each employee will be furnished with an earnings and bene?ts statement showing all earnings and amounts withheld by category.
5.10 Association Dues
(a) The BOARD shall provide for the voluntary payroll deduction of United Education Professional dues for any employee authorizing such deduction.
(b) Employees desiring to have such dues deducted must sign an authorization form authorizing such payroll deduction.
(c) Dues will be deducted in twenty (20) equal amounts beginning with the second payday in October for all employees authorizing such deduction, provided the Treasurer of the BOARD receives the data necessary to make such deduction prior to September 15th. in the event the necessary data is not timely received, deductions shall commence on the earliest payday possible after the data is received. Any employee authorizing such deduction after the ?rst payroll deduction period shall have the dues divided equally over the remaining pay periods.
5.11 Fair Share Fee
(a) Payroll Deduction of Fair Share Fee
The Board shall deduct from the pay of employees who elect not to become or to remain members of the ASSOCIATION, a fair share fee for the ASSOCIATION'S representation of such nonmembers during the term of this contract. No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not germane to the ASSOCIATION'S work in the realm of collective bargaining.
(b) Notification of the amount of Fair Share Fee
Notice of the amount of the annual fair share fee, which shall not be more than 100% of the unified dues of the ASSOCIATION, shall be transmitted by the ASSOCIATION to the Treasurer of the Board on or about September 15 of each year during the term of tis contract for the purpose of determining amounts to be payroll deducted, and the BOARD agrees to promptly transmit all amounts deducted to the ASSOCIATION.
(c) Schedule of Fair Share Fee Donations
(1) All Fair Share Fee Payers
Payroll deductions of such annual fair share fees shall commenced on the first pay date which occurs on or after January 15th annually. In the case of unit employees newly haired after the beginning of the school year, the payroll deduction shall commence on the first pay date or or after the later of:
a. Sixty (60) days employment in a bargaining unit position or
b. January 15th.
(2) Upon termination of membership during the membership year the Treasurer of the BOARD 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 through payroll deduction.
(d) Transmittal of Deductions
The BOARD further agrees to accompany each such transmittal with a list of names of the employees for whom all such fair share fee deductions were made, the period covered, and the amounts deducted for each.
(e) Procedure for Rebate
(1) The ASSOCIATION represents to the BOARD that an internal rebate procedure has been established in accordance with Section 4117.09(C) of the revised code and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the ASSOCIATION and that such procedure shall be in compliance with all applicable state and federal laws and the constitutions of the United States and the State of Ohio.
(f) Entitlement to Rebate
(1) Upon timely demand, non-members may apply to the ASSOCIATION for an advance rebate of the fair share fee pursuant to the internal procedure adopted by the ASSOCIATION.
(g) Indemnification of Employer
(1) The ASSOCIATION, on behalf of itself and the OEA and NEA, agrees to indemnify the BOARD for any cost or liability incurred as a result of the implementation and enforcement of this provision provided that:
a. the BOARD shall give a ten (10) day written notice of any claim made or action filed against the employer by a non-member for which indemnification may be claimed;
b. The ASSOCIATION shall reserve the right to designate counsel to represent and defend the employer;
c. The BOARD agrees to: (1) Give full and complete cooperation and assistance to the ASSOCIATION and its counsel at all levels of the proceeding; (2) Permit the ASSOCIATION or its affiliates to intervene as a party if it so desires, and/or (3) TO not oppose the ASSOCIATION or its affiliates' application to file briefs amious curiae in the action;
d. The BOARD acted in good fail compliance with the fair share fee provision of this agreement; however there shall be no indemnification of the BOARD if the BOARD intentionally or willfully fails to apply (except due to court order) or misapply such fair share fee provision herein.
(a) The ASSOCIATION shall have the following sole and executive rights:
(1) To use bulletin boards in the employees‘ workroom(s) for the posting of official ASSOCIATION announcements or bulletins; provided, however, this shall not permit the posting of any item concerning any School Board candidate election.
(2) To use the school mail and mailboxes, provided that all material distributed to employees shall be sent to the Principal of the building and to the Superintendent concurrent with distribution.
(3) To have its President furnished with the names and addresses of newly employed employees following Board approval of their contracts.
(4) To be given appropriate time during the pre-school general meeting for instruction regarding registration and enrollment in the ASSOCIATION.
5.02 Use of Facilities and Equipment
(a) The ASSOCIATION shall have the right to use school rooms and equipment when such rooms and equipment are not in use and provided that use ls arranged in advance and does not interfere with the school program, that the purpose is for internal business of the ASSOCIATION, and that any supplies or out-of-pocket expenses in connection with such use will be supplied or paid for by the ASSOCIATION.
5.03 ASSOCIATION Meetinqs With Members
(a) The President and/or his/her designee(s) may meet with any other member in the District during their lunch break, before and after the student day. The President and his/her designee(s) shall notify the Principal of any visitation to the building.
5.04 BOARD Meetings
(a) Prior to each BOARD meeting, the President of the ASSOCIATION shall be provided with an agenda and minutes of previous meetings as included with the agenda. Any addendum to the agenda shall be distributed to the ASSOCIATION President at the BOARD meeting.
(b) The President of the ASSOCIATION shall have the right to speak at BOARD meetings on any item of concern to members at a time designated by the BOARD.
(c) The President of the ASSOCIATION shall have the right to speak at BOARD meetings on any item of concern to members and at a time designed by the BOARD.
5.05 District Committees
(a) The ASSOCIATION shall have the right to recommend employees to serve on district wide committees which require the participation of employees as established by the BOARD and/or Superintendent. At least one (1) person on each such committee will be a person mutually agreeable to the ASSOCIATION and the Superintendent. Such individual shall be the ASSOCIATION's representative on the committee.
(b) Building level committees shall not be considered "district committees" as defined in this Agreement. Such committees are only advisory in nature. Concerns about the activities of building committees may be addressed in Liaison Committee meetings.
(c) The BOARD and the ASSOCIATION have established a Local Professional Development Committee (LPDC) in accordance with the provisions of the Ohio Revised Code. The By-Laws of this LPDC Planning Committee shall govern the operations of the LPDC‘ Decisions of the LPDC shall not be subject to the grievance procedure, but rather to the appeal process as outlined in the LPDC By-Laws.
5.06 Prohibition of Reprisals
(a) There will be no reprisals of any kind taken against any member by reason of his/her membership in the ASSOCIATION or participation in any activities, excluding illegal acts.
5.07 Right to Representation
(a) In the event any Administrator intends to hold a meeting with any employee during which matters related to the possible discipline, transfer, non-renewal or termination of the employee is likely to be discussed, the employee will be advised of such fact prior to the meeting and will be permitted to bring an ASSOCIATION representative to the meeting. It is the responsibility of the employee to make arrangements for the presence of such ASSOCIATION representative. It is understood that any evaluaticnlobsen/ation pre-conference andlor the initial conference concerning any "formal observation" or "evaluation" of an employee does not come within the scope of this provision; provided, however, an employee may within five (5) calendar days after such an initial conference at his/her request have a second conference with the Administrator at which an ASSOCIATION representative may be present if desired by the employee.
5.08 Association Related Meetings
(a) The local ASSOCIATION President and officially elected delegates or alternates shall be given leave by the BOARD to attend the annual NEA/OEA Representative Assemblies. The ASSOCIATION shall be responsible for paying the cost of the substitute for said delegates.
(b) The ASSOCIATION shall also be allowed to purchase up to five (5) days‘ release time for the President or any authorized designee by reimbursing the District for the cost of the substitute.
5.09 Payroll Deductions
(a) The BOARD shall provide, through its Treasurer, payroll deductions for the purposes outlined below as a sen/ice to the District's employees. Neitherthe BOARD northeASSOC|ATlON assumes any obligation, financial or otherwise, arising out of the provisions of this section. The individual employee shall indemnify and hold the BOARD and its Treasurer and the ASSOCIATION harmless for any and all claims, grievances, arbitration, awards, suits, attachments or other proceedings arising out of or by reason of any action taken with respect to any payroll deduction of funds as listed.
(1) Retirement
(2) Withholding tax for National, State or Local Governmental units, as required by law
(3) Health Care insurance
(4) Personal insurance (i.e., Group Life, optional life or other health insurance)
(5) Association Dues (subject to Section 510 below)
(6) Tax Sheltered Annuities
(7) United Way
(8) Credit Union
(9) Any Court-ordered Deduction
(10) Voluntary Political Contributions
(11) SEA Scholarship Fund
(12) Government Bonds
(b) During January of each year, each employee will be furnished with an earnings and bene?ts statement showing all earnings and amounts withheld by category.
5.10 Association Dues
(a) The BOARD shall provide for the voluntary payroll deduction of United Education Professional dues for any employee authorizing such deduction.
(b) Employees desiring to have such dues deducted must sign an authorization form authorizing such payroll deduction.
(c) Dues will be deducted in twenty (20) equal amounts beginning with the second payday in October for all employees authorizing such deduction, provided the Treasurer of the BOARD receives the data necessary to make such deduction prior to September 15th. in the event the necessary data is not timely received, deductions shall commence on the earliest payday possible after the data is received. Any employee authorizing such deduction after the ?rst payroll deduction period shall have the dues divided equally over the remaining pay periods.
5.11 Fair Share Fee
(a) Payroll Deduction of Fair Share Fee
The Board shall deduct from the pay of employees who elect not to become or to remain members of the ASSOCIATION, a fair share fee for the ASSOCIATION'S representation of such nonmembers during the term of this contract. No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not germane to the ASSOCIATION'S work in the realm of collective bargaining.
(b) Notification of the amount of Fair Share Fee
Notice of the amount of the annual fair share fee, which shall not be more than 100% of the unified dues of the ASSOCIATION, shall be transmitted by the ASSOCIATION to the Treasurer of the Board on or about September 15 of each year during the term of tis contract for the purpose of determining amounts to be payroll deducted, and the BOARD agrees to promptly transmit all amounts deducted to the ASSOCIATION.
(c) Schedule of Fair Share Fee Donations
(1) All Fair Share Fee Payers
Payroll deductions of such annual fair share fees shall commenced on the first pay date which occurs on or after January 15th annually. In the case of unit employees newly haired after the beginning of the school year, the payroll deduction shall commence on the first pay date or or after the later of:
a. Sixty (60) days employment in a bargaining unit position or
b. January 15th.
(2) Upon termination of membership during the membership year the Treasurer of the BOARD 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 through payroll deduction.
(d) Transmittal of Deductions
The BOARD further agrees to accompany each such transmittal with a list of names of the employees for whom all such fair share fee deductions were made, the period covered, and the amounts deducted for each.
(e) Procedure for Rebate
(1) The ASSOCIATION represents to the BOARD that an internal rebate procedure has been established in accordance with Section 4117.09(C) of the revised code and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the ASSOCIATION and that such procedure shall be in compliance with all applicable state and federal laws and the constitutions of the United States and the State of Ohio.
(f) Entitlement to Rebate
(1) Upon timely demand, non-members may apply to the ASSOCIATION for an advance rebate of the fair share fee pursuant to the internal procedure adopted by the ASSOCIATION.
(g) Indemnification of Employer
(1) The ASSOCIATION, on behalf of itself and the OEA and NEA, agrees to indemnify the BOARD for any cost or liability incurred as a result of the implementation and enforcement of this provision provided that:
a. the BOARD shall give a ten (10) day written notice of any claim made or action filed against the employer by a non-member for which indemnification may be claimed;
b. The ASSOCIATION shall reserve the right to designate counsel to represent and defend the employer;
c. The BOARD agrees to: (1) Give full and complete cooperation and assistance to the ASSOCIATION and its counsel at all levels of the proceeding; (2) Permit the ASSOCIATION or its affiliates to intervene as a party if it so desires, and/or (3) TO not oppose the ASSOCIATION or its affiliates' application to file briefs amious curiae in the action;
d. The BOARD acted in good fail compliance with the fair share fee provision of this agreement; however there shall be no indemnification of the BOARD if the BOARD intentionally or willfully fails to apply (except due to court order) or misapply such fair share fee provision herein.