Rutgers Council of AAUP Chapters / 2003-2007 Contract / Article VI. Representation Fee

From CGEU

1. Representation Fee Deduction

The parties agree that as of the effective date of this Agreement all employees in the bargaining unit who are not, and do not become, members of the Rutgers Council of AAUP Chapters, authorizing dues deduction, shall have deducted from their salaries and forwarded to the Rutgers Council of AAUP Chapters a representation fee in a manner and in an amount as provided below, provided that more than 50% of the faculty members of the bargaining unit have authorized the deduction of dues in accordance with Article V of this Agreement. Therefore, as of the second payroll date in July of each year of this Agreement, or any extension thereof, if more than 50% of the faculty members of the bargaining unit who receive paychecks on that date have authorized the deduction of dues in accordance with Article V of this Agreement, then, for the twelve-month period, commencing as of the first payroll date in September of the same year of this Agreement, representation fees shall be deducted from the salaries of members of the bargaining unit who have not authorized the deduction of dues. If on the second payroll date in July of any year of this Agreement, or any extension thereof, less than or equal to 50% of the faculty members of the bargaining unit have authorized the deduction of dues in accordance with Article V of the Agreement, then, for the twelve-month period commencing as of the first payroll date in September of the same year of the Agreement, no representation fees shall be deducted from the salary of any member of the bargaining unit.

Deduction of representation fees in accordance with the provisions of this Article shall continue during any extension of this Agreement. Each party reserves its rights concerning continuation and/or discontinuation of deduction of representation fees at the expiration of this Agreement, any extension of this Agreement, or during the interim period between Agreements.

2. Representation Fee Amount

At least 30 days before the effective date of the representation fee, or any subsequent modification thereof, the AAUP shall notify the University of the representation fee sum to be deducted from non members' salaries. Any change in the representation fee shall be made upon written notification to the University.

3. The representation fee shall be deducted from non members' salaries in

biweekly installments only in accordance with Section 1. above and as provided herein. Representation fee deductions from the salaries of all nonmember employees shall commence on or after but in no case sooner than the 30th day following the beginning of an employee's employment in a bargaining unit position or the l0th day following reentry into the bargaining unit for employees who previously served in bargaining-unit positions and who continued in the employ of the University in a non-bargaining-unit position. For the purpose of this Article, academic year employees shall be considered to be in continuous employment.

If, during the course of the year, the bargaining-unit member authorizes deduction of dues, the University shall cease deducting the representation fee and commence deducting the AAUP dues after the AAUP furnishes to the University a voluntary written authorization for such deduction in accordance with Article V of this Agreement. Conversely, if, during the course of the year, the AAUP member directs the University to cease AAUP dues deductions, the University shall commence deduction of the representation fee in accordance with Article V of this Agreement.

After deduction, representation fees shall be transmitted to the AAUP in the same manner and in the same time as AAUP dues.

4. Indemnification

The AAUP shall indemnify and save harmless the University against any and all claims, demands, suits, judgments, settlements, or any other forms of liability including reasonable counsel fees and other costs of defense, that shall arise out of or by reason of action taken or not taken by the University for the purpose of complying with any of the provisions of this Article, including but not limited to, any actions in connection with defending the legality of this indemnification provision.

a. The liability of the AAUP to indemnify the University for costs of defense shall not exceed in any year of this Agreement the total amount received as representation fees by the AAUP during said year. This limitation of liability shall not apply to any orders, judgments, or settlements which require restitution of funds forwarded to the AAUP.

b. Neither the University nor the AAUP will challenge the legality of indemnification provisions of this Article. In the event this indemnification of the University by the AAUP is challenged in any forum by any person or entity, the University and the AAUP agree to defend the legality of the indemnification provision. In the event that this indemnification provision is deemed to be illegal or against public policy by any court or administrative agency or competent jurisdiction, then effective the date on which the AAUP no longer remits payments to the University as provided hereinabove, the AAUP agrees it will eliminate the representation fee in effect at that time.

c. The University shall retain its right to determine its course of conduct, including but not limited to, the right to select counsel and determine strategy, in any action arising out of or by reason of the provisions of this Article.

d. The University shall not challenge the legality of the representation fees provided for in this Article in any forum.

e. A detailed statement of services rendered in connection with counsel fees referred to hereinabove shall be provided to the AAUP on a quarterly basis. The AAUP shall remit payment to the University within 30 days after receipt of each such statement.

f. The indemnification provisions of this Article shall continue during any extension of this Agreement or during any period in which the AAUP is collecting representation fees in accordance with this Article.