18.1    This Article protects the rights of individual employees without restricting VVTA/CTA/NEA's right to require every bargaining unit employee, except those exempt from these provisions, to pay a fair share of the cost of collective bargaining activities.

18.2    Except as expressly provided herein, all employees in the bargaining unit who do not maintain membership in good standing in VVTA/CTA/NEA are required, as a condition of employment, to pay service fees to VVTA/CTA/NEA, in the amounts that do not exceed the periodic dues of VVTA/CTA/NEA, for the duration of this agreement.

18.3    No employee shall be obligated to pay dues or service fees to VVTA/CTA/NEA

            until the first of the month following 30 calendar days after the employee first

            comes into the bargaining unit.

            18.3.1 Any unit member who is not a member of the Association or who does not

                        make application for membership in the Association within the thirty (30)

                        days of the effective date of this Article or within thirty (30) days from the

                        date of commencement of assigned duties within the bargaining unit, shall

                        become a member of the Association or pay to the Association a

                        representation fee in an amount equal to that amount permitted by law,

payable to the Association in one lump sum cash payment in the same manner as required for the payment of member-ship dues, provided, however, that the unit member may authorize payroll deduction for such fee in the same manner as provided in Section 18.9.4 of this Article.

            18.3.2 In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 18.3.1 above, the Association may, in writing, request that the Employer shall immediately begin automatic payroll deduction as provided in Education Code Section 45061 and in the same manner as set forth in Section 18.9.1 of this Article.  There shall be no charge to the Association for such mandatory representation fee deductions.

18.3.3 If the unit member and the Association are unable to reach agreement on the manner of payment, the Association shall notify the Employer, in writing, that the unit member whose pay is to be affected by the deduction has (1) refused to join the Association and (2) has refused to tender the amount of the representation fee, the Association shall notify the Victor Valley Union High School District in writing, that (1) the amount of the fee meets the requirement of law and (2) the Association has informed the unit members in writing of the Association's procedures for employees who contest the amount of the fee in accordance with the regulations of the Public Employment Relations Board.

18.4    Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to VVTA/CTA/NEA as a condition of employment.  However, such employee shall be required, in lieu of a service fee required by this agreement, to pay sums equal to such service fee to one of the following non-religious, non-labor organization, charitable funds exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code:

18.4.1  American Heart Association

            18.4.2 United Way

            18.4.3 Victor Valley Teachers Association Scholarship Program

18.5    Any employee claiming this religious exemption shall, as a condition of continued exemption from the requirement of paying service fees to VVTA/CTA/NEA, furnish VVTA/CTA/NEA with copies of receipts from the charity selected, as proof that such payments have been made, or shall authorize payroll deduction of such payment.

18.6    Unit members objecting to joining or financially supporting employee organizations shall provide proof of payment and a written statement of objection along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object to joining or financially supporting employee organizations, pursuant to Section 18.4 and 18.5 above.  Proof of payment shall be in the form of receipts and/or canceled checks indicating the amount paid, date of payment, and to whom payment, in lieu of representation fee, has been made.  Such proof shall be presented on or before September 30 of each school year or, in the case of employees hired on/or after October 1 for the remaining part of the school year, within thirty (30) days of the commencement of duties.

18.7    The employee organization is authorized to charge any unit member making "in lieu of payments", as set forth in Section 18.3.2 and 18.3.3 above in accordance with Government Code Section 3546.3, and who requests the employee organization to use the grievance procedure or arbitration procedure on the employee's behalf for the reasonable cost of such procedures.

18.8    Representation Fee

            The representation fee to be collected from non-Association members shall be the amount authorized by Section 3546.1(i) (2) of the California Government Code.

18.9      Amount of Representation Fee:

            18.9.1 Full-time, non-exempt bargaining unit members hired during the school year shall join the Association or pay a prorated representation fee.  Such prorata share shall be based upon the number of days of actual employment for a school year as compared with the number of days available for full-time employment in the school year.

            18.9.2 Part-time, non-exempt bargaining unit members shall join the Association or pay a prorated representation fee on the basis of said employee's annual salary as compared with the same annual salary for a comparable full-time employee.

            18.9.3 Unit members on leave without pay, and unit members who are on laid-off status shall be exempt from these provisions herein, except that the election as to membership or payment of a fee as set forth herein must be exercised within the first ten (10) work days upon return to paid status.

18.10  Dues and Service fees Deductions

            18.10.1 VVTA/CTA/NEA has the sole and exclusive right to have employee      organization membership dues and service fees deducted by the employer for employees in the bargaining unit.

        18.10.2 The Employer shall deduct, in accordance with the VVTA/CTA/NEA  dues and service fee schedule, dues, service fees or payments to charity in lieu of service fees from the wages of all employees who are members of the bargaining unit.

            18.10.3  Nothing contained herein shall prohibit an employee from paying service fees directly to VVTA/CTA/NEA.

18.10.4 The Employer shall deduct and pay to VVTA/CTA/NEA service fees for each bargaining unit employee who is not a VVTA/CTA/NEA member in good standing and who is obligated to pay such fees, pursuant to this agreement, unless VVTA/CTA/NEA notifies the District Office that the employee is paying such fees directly to VVTA/CTA/NEA.  A payroll deduction authorization form shall not be required for such deductions.

18.10.5 The Employer agrees to remit such service fees and deductions

              monthly to the VVTA/CTA/NEA accompanied by an alphabetical list of

                       unit members for whom such deductions have been made, indicating     new employees.

18.11  Association's Obligations

The Association's sole and exclusive obligation under this Article is to notify any unit member who has failed to comply with the provisions of this article that, as a condition of employment in the Victor Valley Union High School District, such unit member must either become an Association member, pay a representation fee, or establish an exempt status and make payment pursuant to the provisions of this Agreement.  Under no circumstances shall the Employer be required to dismiss or otherwise discipline any unit member for failure to fulfill their obligations to pay the fees established herein.

18.12  Grievance and Dispute Resolution

            18.12.1  Neither the Association nor individual unit members may file a

Grievance, regarding any administration of Article 18 Organizational Security.

            18.12.2 Any dispute as to the amount of the representation fee shall be resolved pursuant to the regulations of the Public Employment Relations Board.

18.13   The Association, CTA and/or NEA agrees to indemnify and hold harmless the District against any and all liabilities, claims or actions which may be brought against said District or the District Board of Trustees individually or collectively, its officers, employees and agents, including reimbursement for all expenses, fees, judgements and costs to the District incurred in providing an effective defense on behalf of the District against all lawsuits or other legal proceedings, arising out of and in connection with this article.