ARTICLE 10
UNION SECURITY - AGENCY SHOP
10.1: Membership in the Union is not compulsory. Regular employees have the right to join, not join, maintain or drop their membership in the Union as they see fit. Neither party shall exert any pressure on or discriminate against an employee as regards such matters.
A. Union Membership . Membership in the Union is not compulsory and is a matter separate, distinct, and apart from an employee's obligation to share equally the costs of administering and negotiating this Agreement. All employees have the right to join, not join, maintain, or drop their membership in the Union as they see fit. The Union recognizes, however, that it is required under this Agreement and the Public Employment Relations Act to represent all employees included within the collective bargaining unit set forth in this Agreement without regard to whether or not the employee is a member of the Union .
B. In accordance with the policy set forth under this Section, all employees in the bargaining unit shall, as a condition of continued employment, pay to the Union an amount of money equal to that paid by other employees in the bargaining unit who are members of the Union, which shall be limited to an amount of money equal to the Union's regular and usual dues. For present, regular employees, such payments shall commence thirty-one (31) days following the effective date or on the date of execution of this Agreement, whichever is the later and for new employees, the payment shall start thirty-one (31) days following the date of employment.
C. Any employee who has failed to either maintain membership or pay the requisite agency fee shall not be retained in the bargaining unit covered by this Agreement, provided, however, no employee shall be terminated under this Article unless:
1. The Union has notified him / her by letter addressed to his address last known to the Union spelling out that he / she is delinquent in payment of dues or fees, specifying the current amount of delinquency, and warning the employee that unless such amount is tendered within ten (10) calendar days, he / she will be reported to the Township for termination from employment as provided for herein, and,
2. The Union has furnished the Township with written proof that the foregoing procedure has been followed or has supplied the Township with a copy of the notice that the employee has not complied with such request. The Union must further provide the Township with written demand that the employee be discharged in accordance with this Article and provide to the Township, in affidavit form signed by the Union Treasurer, a certification that the amount of the delinquency does not exceed the collective bargaining service fee, including but not limited to, the cost of administering and negotiating this and succeeding Agreements.
10.2: If any provision(s) of this Article is invalid under federal law or the laws of the State of Michigan , such provisions shall be modified to comply with the requirements of federal or state law or shall be renegotiated for the purpose of adequate replacement.
10.3: The Union shall indemnify and save the Township harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken or not taken by the Township for the purpose of complying with any of the provisions of this Article.
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