ARTICLE XXV. CHECK OFF OF ASSOCIATION DUES
During the term of this Agreement, and as provided in this Article, the Employer will deduct Association dues or the representation-service fee from the salary, if any, of each Employee who authorizes such a deduction by filling out a Voluntary Authorization for Deduction of Association Dues or Representation-Service Fee form prepared by the Association, using language acceptable to the Employer. Employees will deliver Voluntary Authorization for Deduction of Association Dues or Representation-Service Fee forms to the Association. The Association will notify the Employer that a deduction has been authorized. These notifications will be accomplished via delivery of the following information to the University Payroll Office on mutually-agreed upon dates in a mutually agreed-upon electronic format: Employee name, Employee eight (8) digit identification number, and whether the deduction is for association dues or representation service fees.
SECTION A. SAVINGS CLAUSE
240 In the event that the provisions of the Public Employment Relations Act prohibiting the mandatory payment of union dues or service fee are repealed or there is a partial repeal or modification of MCL 423.210 the parties agree to negotiate over any changes to this article. In the event that the provisions of the Public Employment Relations Act prohibiting the mandatory payment of union dues or a service fee are repealed, the conditional language in Paragraph 222 will be enforced as a condition of employment.
SECTION B. CHECK OFF OF ASSOCIATION DUES
During the term of this Agreement, and as provided in this Article, the Employer will deduct Association dues from the salary, if any, of each employee who authorizes such a deduction by filling out a Voluntary Authorization for Deduction of Association Dues form prepared by the Association and using language as provided below. Previously submitted authorizations shall remain effective. Employees will deliver Voluntary Authorization for Deduction of Association Dues forms to the Association. The Association will provide the Employer with a copy of the signed authorization forms for each house officer authorizing dues deduction. This authorization form may include an electronic signature so long as proof of receipt of the electronic signature can be demonstrated as in the past. These notifications will be accomplished via delivery of all legally required information to the University payroll office on mutually-agree upon dates in a mutually agreed-upon electronic format.
VOLUNTARY AUTHORIZATION FOR DEDUCTION OF ASSOCIATION DUES
I hereby authorize UMHS to deduct from my wages each month excluding July and August, and to pay the House Officers Association (HOA), an amount equal to the monthly dues and assessments, or representational fees or charges that may apply in lieu thereof, as a result of my representation by HOA. I further direct that such amounts so deducted shall be turned over each month to the Director of the HOA for and on my behalf.
I authorize these deductions for, and in consideration of, the Association's activities in representing me for collective bargaining and other purposes, and without regard to my present or future membership in the Association.
This authorization and assignment is made voluntarily and of my own free will, and shall be irrevocable for the term of the applicable contract between the HOA and my employer or for one year, whichever is the lesser, and shall automatically renew itself for successive yearly or applicable contract periods thereafter, whichever is the lesser, unless I give written notice of my desire to revoke same to the HOA and Employer on a form provided by the Employer.
SECTION C. CERTIFICATION OF TREASURER OF ASSOCIATION
The following certification form shall be used by the Association when certifying membership dues:
CERTIFICATION OF TREASURER OF THE ASSOCIATION
I certify that the membership dues for employees in this bargaining unit are $_________ per 12-month appointment.
TREASURER OF THE HOUSE OFFICERS ASSOCIATION
Date of Delivery to University________________
SECTION D. PROCEDURE FOR THE COLLECTION OF ASSOCIATION DUES
Such written certification must be delivered to the Employer no later than August in any year to become effective.
Payroll deductions shall begin in September and be one-tenth (1/10) of the certified dues and shall be taken from the following ten (10) paychecks. The initial deduction for any Employee shall not begin unless both (1) a properly executed "Voluntary Authorization for Deduction of Dues" and (2) the amount of monthly membership dues certified by the treasurer of the Association has been delivered to the University at least thirty (30) calendar days prior to the last pay day of the calendar month. Changes in the amount of the monthly membership dues must be delivered to the University at a place designated by the University at least thirty (30) calendar days prior to the last pay day of the calendar month before the change will become effective.
An Employee may revoke the Employee's "Voluntary Authorization Deduction of Dues" at any time by written notification to the Employer on a form provided by the Employer. Payroll deductions shall terminate when a revocation has been delivered to the University Payroll Office at least thirty (30) calendar days prior to the last payday of the calendar month. The Employer shall provide a copy of any revocation request to the HOA within five (5) days of receipt.
In the event that there are not sufficient months to take ten (10) deductions, the remaining amount will be taken from the member's last payroll of the current fiscal year, regardless of month. The Association will continue the practice of providing the Employer with a list of exceptions each month. The Employer will make any necessary adjustments in the following pay period.
Remittance of amounts deducted shall be made via wire transfer to the Association's bank by the fifteenth (15th) of the month following the month of deduction, together with a list of names and the amount deducted for each Employee for whom a deduction was made.
The Employer shall not be liable to the Association for the remittance or payment of any sum other than that constituting actual deductions from salary.
The Association shall indemnify and save the Employer harmless from any liability resulting from any and all claims, demands, suits, or any other action arising from compliance with this Article, or in reliance on any notice or authorization furnished under this Article. The Association specifically agrees to indemnify and hold the Employer harmless for any liability arising under MCL 423.210, as amended effective 91 days after adjournment of the 2012 regular session sine die, including but not limited to damages, court costs and reasonable attorney fees awarded to a plaintiff under MCL 423.210(10).
The Association specifically agrees to make whatever adjustments are necessary directly with any Employee who may, as a result of this deduction procedure, pay more or less than the Association's annual dues.
Notwithstanding the execution and delivery of the Voluntary Authorization for Deduction of Association Dues form, an Employee may voluntarily revoke previously authorized payroll deductions by submitting written notification to the Employer. The Employer shall provide a copy of any revocation request to the HOA within five (5) days of receipt. Payroll deductions shall terminate when a revocation has been delivered to the University Payroll Office at least thirty (30) calendar days prior to the last payday of the calendar month. Unless revoked by the Employee, dues deduction authorizations shall remain in effect for the duration of the Employee's employment as a House Officer.