Provost & Academic V.P. Western Illinois University 1 University Circle 211 Sherman Hall Macomb, Illinois 61455 Phone: 309/298-1066 E-mail: PS-Brown@wiu.edu

WIU/UPI Agreement 2001-2005

Article 11: Dues Checkoff and Fair Share

11.1. Dues

1. In accordance with the State Salary and Annuity Withholding Act (5 ILCS 365/1 et. seq.), the University will deduct Union membership dues, in an amount established by the Union and certified in writing by the Union's treasurer, from the salary of each employee submitting written authorization to make such deduction. Deductions will be made in each pay period beginning with the first full pay period commencing at least seven calendar days following receipt by the University of the dues deduction authorization.
2. Dues deducted will be remitted to the Union treasurer or other official designated in writing by the Union as soon as payroll warrants are prepared and verified. Accompanying each remittance shall be a list of the employees from whose salaries such deductions were made and the amounts deducted.
3. Any authorization to withhold Union dues from the salary of an employee shall terminate and such withholding shall cease upon the happening of any of the following events: (a) termination of the employee's employment; (b) written notice by the employee of cancellation of the authorization; (c) expiration of the time during which such withholding was authorized; or (d) when the total amount authorized to be withheld has been so withheld.
4. The Union shall give written notice to the University of any changes in its dues at least thirty days prior to the effective date of any such change. If any change in Union dues requires modification of the computer programs used in processing Union dues deductions, the Union shall, upon request of the University President, pay the actual cost of such reprogramming.
5. The Union shall indemnify, defend, and hold the Board, its members, officials, agents or representatives harmless against any claim, demand, suit, or any form of liability (monetary or otherwise), including attorney's fees and costs, arising from any action taken or not taken by the Board or its employees, agents, or representatives in complying with this Article. The Union assumes full responsibility and liability for the disposition of monies deducted from the salaries of employees for Union dues once the University has remitted such monies to the Union.
6. The Union shall promptly refund to its member(s) any funds received pursuant to this Article which are in excess of the amount of dues authorized to be deducted.
7. Nothing in this Article shall require the University to deduct Union fines, penalties, or special assessments from the salary of any employee.
8. The University shall not be responsible for or liable to the Union for the remittance or payment of any sum other than authorized deductions for Union dues.

11.2. Fair Share

1. All employees covered by this Agreement who are not 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.
2. 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 Labor Board rules.
3. Fair share payment by non-members shall be deducted by the University and remitted to the Union within ten (10) working days of said deduction unless required to remit a fee to the Illinois Educational Labor Relations Board (IELRB) for escrow. d. The University shall provide the Union with the names of all non-Union employees from whose earnings the fair share payment shall be deducted.
4. The Union and Board shall comply with the rules of the IELRB concerning notice, objections, and related matters contained in its fair share rules.
5. The Union shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, arising out of actions in compliance with this article.
6. If, during the term of this Agreement, the IELRB 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 to bring this Article into compliance with the standards or rulings of said IELRB or court.

Article 12: Minutes, Policies, and Budgets

The Board and/or University will maintain a hard copy and, when available, an electronic copy of each of the following documents in the reference section of the main library as soon as the documents are available:

1. The approved minutes of the meetings of the Board.
2. Published policies of the Board.
3. Published University-wide policies.
4. The internal operating budget of the University.
5. The University's Resource Allocation Management Plan (RAMP).
6. The Faculty Policy Manual
7. The WIU/UPI Agreement
8. Department Criteria from each department
9. University/College/Department Workload Equivalents

Article 13: Miscellaneous Provisions

13.1. Totality

The Board and Union acknowledge that during the negotiations which resulted in this Agreement, both parties had the unlimited opportunity to present all interests and options and that this Agreement constitutes the entire Agreement between the parties for its duration.

13.2. Amendment and Modification

Nothing herein shall preclude the Board or its designee and Union from mutually agreeing to amend or modify any of the provisions of this Agreement. In the event the Board or its designee and the Union negotiate a mutually acceptable amendment or modification of this Agreement, the amendment or modification shall be put in writing and become a part of this Agreement upon ratification by the Union and approval by the Board or its designee.

13.3. Conflict with Policies or Regulation

If there is conflict between an existing Board or University policy or regulation and an express term or provision of this Agreement, the term or provision of this Agreement shall apply.

13.4. Availability of Agreement

The University agrees to provide each employee in the bargaining unit with a copy of the Agreement and to provide a copy to each new employee upon hiring.

13.5. Identification

Employees may identify themselves as employees of the University for purposes of identification. They may not present themselves as representing or speaking for the University unless they are engaged in activities assigned or officially approved by the University.

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