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Section 5
CHECKOFF

  1. The University, at the time of hire, rehire, reinstatement, or transfer of an employee into the Bargaining Unit, shall apprise the prospective employee of this Section's provision and shall present to him/her an application for membership and an authorization for checkoff of dues supplied by the Association. If the employee desires to join the Association, he/she shall complete both the application for membership and the authorization for checkoff of dues. If the employee does not desire to join the Association, he/she shall complete only the authorization for checkoff of dues so that the Association may collect from him/her its service fee. The University shall forward these forms to the Association's financial officer.

  2. During the life of this Agreement, the University agrees to deduct the membership dues or service fee in accordance with the authorization for checkoff of dues, and forward same to the Association's financial officer. The amounts to be deducted shall be certified to the University by the Association within fifteen (15) days after the execution of this Agreement. The University shall make the deductions in the amounts set forth until further notice from the Association.

  3. The initial deduction for any employee shall not begin unless the withholding authorization and the certification of the Association's financial officer as to the amount of the deduction has been delivered to the University's Payroll Office. The University shall have no obligation to deduct or remit the dues or service fees of any employee whose withholding authorization reaches the Payroll Office after the payroll deadline, or who does not have sufficient compensation due on the last payroll date of any month to pay the dues or service fee with the Association.

  4. All sums deducted by the University shall be remitted to the Association's financial officer on a timely basis once each month together with a list of current employees showing the amount of association dues or service fees deducted for each employee.

  5. In cases where a deduction is made which duplicates a payment already made to the Association by an employee, or where a deduction is not in conformity with the Association, refunds to the employee shall be made by the Association.

  6. The University shall not be liable to the Association by reason of this Section for the remittance or payment of any sum other than that constituting actual deductions made from the pay earned by the employee.

  7. Termination for Failure to Comply. An employee in the Bargaining Unit who fails to tender to the Association either periodic and uniformly required association dues, or in the alternative, service fees as certified by the Association, shall be terminated by the University, provided the stipulations in paragraphs H, I, and J are met.

  8. The Association shall notify the employee by certified or registered mail explaining that he/she is delinquent in not tendering the required association dues or service fees, specifying the current amount of the delinquency, and warning him/her that unless delinquent dues or service fees are paid and a properly executed authorization for checkoff of dues is tendered within ten (10) working days of such notice, he/she shall be reported to the University for termination as provided for in this Section.

  9. The Association shall give a copy of the letter sent to the employee and the following written notice to the University at the end of the ten-day period:

    The Association certifies that __________________________(name) has failed to tender either any periodic uniformly required association dues or service fees required as a condition of continued employment under the current collective bargaining agreement between Police Officers Association and Michigan Technological University and demands that, under the terms of this Agreement, the University terminate this employee.

  10. The University shall within five (5) working days after receipt of the above letter give the employee ten (10) working day's notice of discharge citing in the notice the request for termination by the Association.

  11. The Association shall indemnify and hold harmless the University, its trustees, officers, and employees for any costs (including defense costs) resulting from claims, demands, suits, and other forms of liability by reasons of any action taken or not taken by the Association or by the University for the purpose of complying with this Section.