7.1 The District and the Association recognize the right of employees to form, join, and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join, and participate in employee organization activities.
7.2 Any unit member who is a member of the FCEA/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 in the Association. 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 unit members who sign such authorization after the commencement of the school year shall be appropriately prorated to complete payments by the end of the school year.
7.3 The District shall not be obligated to put into effect any newly changed or discontinued deduction until the pay period commencing fifteen (15) days or more after such submission.
7.4 Any unit member who is not a member of the FCEA/CTA/NEA, or who does not make application for membership within thirty (30) days of the effective date of this Agreement, or within thirty (30) days from the date of commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association a lawful representation fee in an amount not to exceed the unified membership dues, initiation fees, and general assessments. Such fee shall be payable to the Association in one lump sum cash payment in the same manner as required for the payment of membership dues, provided, however, that the unit member may authorize payroll deduction for such fee in the same manner as provided in Section 7.2 of this Article. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 7.2, the Association shall so inform the District, and the District shall immediately begin automatic payroll deduction, as provided in California Education Code, Section 45061, and in the same manner as set forth in Section 7.2 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions.
7.5 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 or financially support FCEA/CTA/NEA as a condition of employment; except that such unit member shall pay, in lieu of a service fee, sums equal to such lawful representation fee to a non-religious, non-labor organization, charitable fund exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code, including, but not limited to:
Martin Luther King Scholarship Fund
FCEA Scholarship for Senior Students
Foundation to Assist California Teachers (FACT)
Folsom Cordova Education Foundation (FCEF)
Such payment shall be made on or before October 31st of each school year or in 10 monthly payments.
7.6 Proof of payment and a written statement of objection along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object to joining or financially supporting employee organizations, shall be made on an annual basis to the Association and District as a condition of continued exemption from the provisions of Sections 7.2, 7.3, and 7.4 above. Proof of payment shall include the amount paid, date of payment, and to whom payment was made. Such proof shall be presented to the Association and the District on or before June 30th of each school year. In the absence of such proof being provided, the employee shall, within thirty (30) days of June 30th, submit the prior year’s lawful representation fee to the Association.
7.7 Any unit member making payments as set forth in Sections 7.5 and 7.6 above, and who requests that the grievance arbitration provisions of this Agreement be used in his/her behalf, shall be responsible for paying the reasonable cost of using said grievance arbitration procedures.
7.8 With respect to all sums deducted by the District pursuant to Sections 7.2, 7.3, and 7.4 above, whether for membership dues, agency fee, or lawful representation 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 or non-membership in the Association.
7.9 The Association agrees to promptly furnish any information needed by the District to fulfill the provisions of this Article.
7.10 The Association and the District hereby agree as follows:
7.10.1 The Association agrees to hold the District harmless and to pay to the District all reasonable legal costs incurred in defending against any suit, court action, and/or administrative action challenging the legality or constitutionality of the agency fee provisions of this Agreement or their implementation and to pay any judgment or settlement liability arising out of such challenge.
7.10.2 The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to in paragraph 7.10.1 shall or shall not be compromised, resisted, defended, tried, or appealed.