ARTICLE 4:  ORGANIZATIONAL SECURITY

4.1  Any unit member who is a member of the Association, or who has applied for membership, may sign and deliver to the District a written statement authorizing deduction of initiation fees and membership dues in the Association.  Such authorization shall continue in effect for the duration of this Agreement unless revoked in writing.  Pursuant to such authorization, the District shall deduct one tenth (1/10) of such dues from the regular salary warrant 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.  The District shall not be obligated to put into effect any new or changed deduction until the pay period which commences thirty (30) days or more after such submission.
4.2  Each unit member who after the effective date of this Agreement is a member of the Association and each unit member who becomes a member after that date shall, as a condition of continued employment, maintain his/her membership in the Association through the term of the Agreement.
4.2.1  Notwithstanding the provisions of 4.1, 4.2 and 4.3, the District shall automatically deduct the appropriate service fee on behalf of the Association from the regular salary warrant of any unit member who is not a dues paying member of the Association and who has failed to execute a written statement authorizing deduction of such a service fee.  The deduction under this section shall be made in accordance with the requirements of Education Code Sections 45060 and 45061 and other applicable law.  This section shall not apply to any unit member currently exempt from payment of the service fee.
4.3  Subject to paragraph 4.2 hereinabove, any member hired by the District after ratification of this Agreement shall become a member of the Association or make application for membership within thirty (30) days from the date of commencement of teaching duties or pay to the Association a fee in an amount equal to the normal Association initiation fee and membership dues excluding fees marked for political action, as a condition of continued employment during the duration of this Agreement.
4.4  The provisions of paragraphs 4.2.1 and 4.3, hereinabove, do not apply to any member who has a religious belief as provided by Section 3546.3 of the Educational Employment Relations Act (EERA), which does not permit joining or otherwise supporting an employee organization.  In such case, the unit member shall pay to a qualified charitable organization, approved by the District, an amount equal to a normal Association initiation fee and membership dues excluding funds for political action, as a condition of continued employment.  Disputes involving this section of the article shall be settled between the Association and the employee and shall not be subject to the grievance procedure under Article 5.
4.5  The Association shall indemnify and reimburse the District for attorney's fees, all costs, expenses, fees, and judgments incurred by the District and, further, shall fully indemnify the District against any and all lawsuits or other legal proceedings which may be brought against the Board or District personnel arising out of and in connection with the enforcement of paragraphs 4.1, 4.2 and 4.2.1 hereinabove.  The District shall invoice the Association within fifteen (15) working days of the incurring of cost and the Association shall reimburse the District within fifteen (15) working days of receipt of invoice.  In the event payment is not timely made in accordance with this provision, the District shall be relieved of any and all responsibility and all obligations to proceed with any unit member's dismissal initiated herein.
4.6  With respect to all sums deducted by the District, the District will remit such monies to the Association accompanied by an alphabetical list of unit members from whom such deductions have been made, and indicating any changes in personnel from the list previously furnished.
4.7  The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article.
4.8  Upon appropriate written authorization from the unit member, the District shall deduct from the salary of any unit member and make appropriate remittance for annuities, credit union, savings bonds, and District-approved charitable donations.

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