|
|
|
11.01 Deduction of Dues The Employer agrees to deduct from the wages of any employee, who is a member of the Labor Council, all Labor Council membership dues uniformly required. The Labor Council will notify the Employer annually of its dues, fair share fees, and current membership, and will update this information as needed. The Employer agrees to deduct from the wages of all employees who are members of an affiliated Lodge of the Fraternal Order of Police (Lodge Numbers 140, 143, 144, and 149) all Lodge dues uniformly required. 11.02 Fair Share Fee All members of the bargaining unit shall either become dues paying members of the Fraternal Order of Police, Ohio Labor Council, or as a condition of continued employment, remit to the Labor Council a fair share fee in an amount set by the Labor Council in accordance with the provision of the Ohio Revised Code, Section 4117.09(C). This amount shall be deducted from the wages of all such non-member employees on the same basis as the deductions made for dues from members of the Labor Council. Nothing in this section shall be construed to require any employee to become a member of the Labor Council or a member of any Lodge of the Fraternal Order of Police. Dues and fair share fees shall be paid by employees while on disability leave as provided in Article 43 and deducted from the benefits received. 11.03 Collection of Dues Deductions and Fair Share Fee The Labor Council agrees to save the State of Ohio harmless in the event of any legal controversy with regard to application of this provision. All dues and fair share fees collected shall be paid over by the Employer once each month to the Fraternal Order of Police, Ohio Labor Council, Inc. No fees will be charged for this deduction. 11.04 Religious Accommodation Pursuant to Title VII An employee may file notice with the Labor Council, at its Central Office, challenging the deduction of fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the social security number of the employee. Upon receipt of said notice, the Labor Council shall notify the Office of Collective Bargaining (OCB) in writing, that the fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Labor Council shall forward an “Application for Religious Exemption” to the employee for completion. The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Labor Council shall mutually agree upon an Arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Labor Council, the arbitration shall be conducted in accordance with this agreement. If the parties cannot agree to an Arbitrator, then they shall secure a list of seven (7) Arbitrators from FMCS and use the alternative strike method to determine the Arbitrator. The expense of the arbitration shall be borne by the Labor Council. The Arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the Arbitrator determines that the employee is entitled to relief under Title VII, the Arbitrator shall direct that the appropriate portion of the fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Labor Council. If the Arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with Title VII. The Labor Council shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Labor Council, and any future fair share fees of the affected employee in compliance with the decision and this section. |