1-8. Reserved

1-8.1. Fair Share Members Defined

All non-member bargaining unit employees covered by this Agreement, commencing on the effective date of this Agreement, or sixty days after their initial employment, and continuing during the term of this Agreement, and so long as they remain non-members of the UNION, shall pay to the UNION each month their fair share of the costs of the services rendered by the UNION that are chargeable to non-members under state and federal law.

1-8.2. Certification of Fair Share Fee

The UNION shall certify to the BOARD a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and the Illinois Educational Labor Relations Board Rules and Regulations. In the event of an increase or decrease in the amount of the fair share fee, the UNION shall advise the BOARD and all fair share fee payers in writing of the change at least forty-five days before the effective date of the increase or decrease. The BOARD shall implement the increase or decrease during the first full payroll period on or after the forty-five-day notice period or the effective date of the change, whichever date is later.

1-8.3. Fair Share Fee Deductions

Such fair share payment by non-members shall be deducted by the BOARD from the earnings of the non-member bargaining unit employees and remitted to the UNION within ten work days of said deduction, unless required to remit a fee to the Illinois Educational Labor Relations Board for escrow.

1-8.4. Identification of Fair Share Fee Payers

The BOARD shall cooperate with the UNION to ascertain the names of all non-member bargaining unit employees from whose earnings the fair share payments shall be deducted and their work locations and shall provide the UNION space to post a notice concerning fair share.

1-8.5. Fair Share Rules and Regulations

The UNION and the BOARD shall comply with the Illinois Educational Labor Relations Board Rules and Regulations concerning notice, objections and related matters contained in its fair share rules.

1-8.6. Appeals Procedure

Upon adoption of any UNION internal appeal procedure concerning fair share fees, the UNION shall supply the BOARD with a copy of such procedure. In addition, the UNION shall advise the BOARD of subsequent changes therein.

1-8.7. Indemnity Clause

The UNION shall indemnify and hold harmless the BOARD and its members, officers, agents and employees from and against any forms of liability that shall arise out of or by reason of action taken by the BOARD for the purposes of complying with the above provisions of this Article, or in reliance on any list, notice, certification, affidavit or assignment furnished by the UNION under any such provisions. The UNION shall be responsible for the attorney’s fees of any attorney for the BOARD. Such attorney shall be selected by the UNION subject to approval by the BOARD, which approval shall not be unreasonably withheld.

1-8.8. Severability

If, during the term of this Agreement, the Illinois Educational Labor Relations Board or a court of competent jurisdiction rules any part of this Article void or not enforceable, the UNION and the BOARD agree to convene negotiations on this matter immediately for the sole purpose of bringing this Article into compliance with the standards or rulings of the Illinois Educational Labor Relations Board or the court.

1-8.9. Religious Exemption

Nothing in this Article shall inhibit or interfere with the right of non-association of employees based upon bona fide religious tenets or teachings of a church or religious body of which such employees are members. Such employees shall pay an amount equal to their proportionate share determined under a proportionate share agreement to a non-religious charitable organization mutually agreed upon by the employees affected and the exclusive representative to which such employees would otherwise pay such fee. If the affected employees and the exclusive representative are unable to reach an agreement on the matter, an organization shall be chosen from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board.