ARTICLE 1. RECOGNITION AND UNION SECURITY
ARTICLE 1. RECOGNITION AND UNION SECURITY 1.1 Recognition . The Employer recognizes the Union as the sole and exclusive bargaining agent for all classified employees of the Employer, excluding registered nurses, police officers and those who are supervisors, managerial employees or confidential employees as defined in this Agreement and in ORS 243.650. 1.1.1 Classified employees . The parties agree that the term “classified employee” does not include temporary employees, student workers or any employee who regularly works less than 18.5 hours a pay period. The parties further agree that classified employees do not include employees with academic rank as defined in OAR 580-020-0005 or employees who share a community of interest with academic faculty and meet the additional criteria set forth in OAR 580-020-0006. 1.1.2 Bargaining unit exclusions . Upon excluding any position from the bargaining unit, the Employer shall send a notice to the Union of the position to be excluded along with the applicable position description. These positions questioned by the Union shall be discussed with the Employer within ten (10) days from the date of notification. 1.1.3 Unit clarification . Any dispute concerning bargaining unit composition pursuant to statutory terms that apply to the Employer shall be resolved by the Employment Relations Board. Any dispute concerning other terms to which the parties have agreed regarding bargaining unit composition shall be resolved in accordance with Article 24 – Grievances and Arbitrations. 1.1.4 Notice to new employees . The Employer shall furnish each new employee with a notice that the Union is the certified collective bargaining representative. 1.2 Union Security. 1.2.1 Union membership and fair share . Employees covered by this Agreement shall have the right to become members of the Union through application to the Union. Application and resignations of membership shall be handled solely by the Union. 1.2.2 Holder of Record . During the life of this Agreement, the Union will notify the Employer’s payroll office periodically of individuals who have become members of the Union. The Union will make membership authorization forms signed by employees available to the Employer and will notify the Payroll Office of individuals whose authorizations have been cancelled or terminated consistent with the agreements between the Union and employee. A file listing new authorizations or changes in authorizations for employee Union deductions will be submitted by the Union to the Employer electronically by close of business on the Friday immediately preceding each pay week. The Employer agrees that new or changed Union payroll deduction authorizations submitted within the timelines above shall be deducted on the first payroll period following receipt of the electronic file from the Union. Requests to produce cards may be made if there is a question of authorization. The Employer agrees to run an audit comparing the full list of all represented bargaining unit employees with the list of employees who have authorized Union deductions as provided for electronically by the Union. This audit shall take place quarterly or as mutually agreed upon in writing by the Parties. 1.2.3 Dues deduction . The Union shall notify the Employer of the current rate of dues and other authorized deductions in a timely manner, which will enable the Employer to make the necessary payroll deductions. On the first and second pay period of each month, the Employer shall deduct a sum equal to one-half (½) of monthly dues from the wages of employees in the bargaining unit and who have requested such deductions pursuant to ORS 292.055. The first deduction shall begin on the first payroll period following the date the Employer received the notification from the Union via the electronic file. The Employer shall remit a payment for all said deductions to the Union within two (2) weeks after the deductions are made. Each payment shall be accompanied by a listing of the names, employee identification numbers, the dues amount remitted, and any PEOPLE deduction for all employees from whom deductions were made during the period for such remittance. 1.2.4 Indemnification . The Union agrees that it will indemnify, defend and save the Employer harmless from all suits, actions, proceedings, and claims against the Employer or person(s) acting on behalf of the Employer arriving out of the Employer’s implementation of this Article.
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