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Article II: Association-Board Relations

2.1 Non-Discrimination.

The Board and the Association, in accordance with applicable law, shall not discriminate against any faculty member on the basis of race, color, national origin, religion, gender, age, physical and mental disability, marital status, sexual orientation, gender identification, genetic information, veteran status, ancestry, citizenship status, arrest record, military status, unfavorable discharge from military service, or any other legally protected class, or membership or participation in, or association with, the lawful activities of any organization. If a grievance alleging the violation of this section is appealed to the Grievance Procedure (arbitration), as a condition precedent to proceeding to arbitration, it shall be accompanied by a full and complete waiver by the grievant(s) involved and by the Association of the right to assert the substance of such grievance in any other forum or before any court or agency, provided nothing herein shall be construed as compelling the grievant(s) or the Association to execute such waiver, and the execution or non-execution of such waiver shall not be precedential in any regard.

2.2 Information to the Association.

The Board shall make available public information necessary to the conduct of negotiations. This shall include relevant financial statistics. Such materials shall be provided within a reasonable time following a written request by the Association President or designee. This section shall not be construed as requiring the Board to research or compile data.

2.3 Board Meetings.

A copy of the Board agenda, non-confidential exhibits and minutes shall be made available to the Association President or designee within a reasonable time following the distribution to the Board. A copy of materials furnished to representatives of the press and other organizations at Board meetings shall concurrently be made available to the Association President or designee.

2.4 Bulletin Board.

The Association shall be provided with reasonable bulletin board space for the posting of notices and materials relating to Association activities. Such materials shall be identified with the name of the Association, signed by an appropriate officer thereof, and shall include an expiration date. Such materials shall not be derogatory of any person associated with the College. All posting of notices and materials shall be subject to the current rules and regulations governing bulletin boards.

2.5 Mailboxes.

The Board shall permit the Association to place official Association materials in the mailboxes of faculty subject to reasonable Board regulations. This authorization shall terminate forthwith if any governmental agency or court of competent jurisdiction shall determine such mail services cannot be utilized without the affixation of postage or payment of fee. This privilege is granted exclusively to the Association.

2.6 Use of Facilities and Equipment.

The Association may utilize College meeting room facilities by making a proper request in accordance with College procedures. The Association may use normal classroom equipment available to faculty but will reimburse the College for any extraordinary expenses in accordance with College procedures. The Board will make available to the Association a room that is mutually acceptable.

2.7 Dues Checkoff.

The Board will deduct from the pay of each member of the bargaining unit from whom it receives written authorization the designated amount of monthly union dues. The dues and a list of faculty from whose pay the dues have been deducted, along with the amount deducted from each, shall be forwarded to the Association Treasurer no later than seven (7) working days after such deductions were made. The amount deducted for any individual faculty member shall be verified by the Association and not changed for at least one (1) year. A deduction will be made no later than the paycheck issued two (2) weeks after receiving a written request for it and will end effective with the paycheck two (2) weeks after a written notice of revocation is received. The Association shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of complying with the above provisions of this article, or in reliance on any list, notice, certification, affidavit, or reassignment furnished under any such provisions.

The Elgin Community College Faculty Association will provide to the Payroll Department, on or before the Monday following opening day of each year, the amount of ECCFA dues to be deducted from member pay.

The amount of the full time faculty ECCFA dues deduction will be the same each pay date. The amount of unit adjunct faculty ECCFA dues (although lesser than full time dues) will be the same each pay date.

This amount will be deducted on seven pay dates during the fall semester and seven pay dates during the spring semester (these dates will be provided to the Payroll Department on or before the Monday following opening day of each year).

In the event a unit adjunct faculty member contract begins late in the semester, the Payroll Department may, spread that semester's ECCFA dues evenly through the remaining semester dues deduction pay dates.

2.8 Printing of Agreement.

The Board shall be responsible for the reproduction of the agreement and it shall be in a form mutually agreed upon. The cost of typing and reproduction shall be shared equally by the Board and the Association.

2.9 Committee Appointment and Participation.

From time to time the College President or Administration will establish ad hoc or standing advisory committees which will include representation from the Association. The College President or Administration will determine the number of faculty representatives needed. When faculty representation is requested, the Association will consult with the Administration and will select these members within ten (10) school days of receipt of the request and encourage diverse participation from the faculty consistent with the job description in Appendix B of this contract. Insofar as is possible or logical, membership will be in proportion to the number of faculty in each of the divisions of the College. After ten (10) school days, if the Association is unable to fulfill the request, the Administration shall appoint, in consultation with the Association, faculty representatives to the committee. For the purpose of committee appointments, full-time counselors and librarians will constitute one division of the College. ESL full-time faculty are included within the Communications and Behavioral Sciences division.

2.10 Fair Share.

  1. It is recognized that the Association's duties as the sole and exclusive bargaining agent entails expenses for services rendered which appropriately are shared by all faculty who are beneficiaries of said Agreement. To this end, if a faculty member does not join the Association or execute a dues deduction authorization within fourteen (14) days after posting of the notice required in subparagraph (A) below, the Board shall deduct a sum equivalent to the non-member's share of the costs of the services rendered by the Association in its role as the sole and exclusive bargaining agent in equal payments from the regular paycheck of the faculty member in the same manner as it deducts dues for members of the Association provided:

    1. The Association has posted the appropriate notices of imposition of such fair share fee in accordance with the rules and regulations of the Illinois Educational Labor Relations Board, and,

    2. The Association has annually certified in writing to the Board the amount of such fair share fee and has annually certified in writing to the Board that such notice has been posted.

  2. The Board shall begin such fair share deduction no earlier than fourteen (14) days (or any later period as required by the Rules and Regulations of the IELRB) after certification by the Association as described in the preceding paragraph of this Article.

  3. The Association, the Illinois Federation of Teachers and the American Federation of Teachers agree to defend, indemnify, and hold the Board harmless against any claims, demand, suit, or other form of liability which may arise by reason of any action taken by the Association or the Board in complying with the provisions of this section, including reimbursement of any legal fees or expenses incurred in connection therewith.

  4. In the event a faculty member objects to the amount of such fee, the Board shall continue to deduct the fee and the Board shall transmit the fee (or the portion of the fee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Board shall continue to transmit such fee to the IELRB until further order of the Board. If the faculty member is entitled to a refund, the faculty member shall receive such refund plus any interest earned on the refund during pendency of the action.

  5. If a non-member faculty declares the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such faculty is a member, such faculty shall be required to pay an amount equal to the faculty member's proportionate share to a nonreligious charitable organization mutually agreed upon by the faculty member and the Association. If the faculty member and the Association are unable to reach agreement on the matter, a charitable organization shall be selected from a list established and approved by the Illinois Educational Labor Relations Board in accordance with its rules.

2.11 No Strike Pledge.

The Association agrees that it will not instigate, engage in, support, encourage or condone any strike, work stoppage or other concerted refusal to perform work by the faculty covered by this Agreement while this Agreement is in effect.

2.12 Resolution of Matters Not Covered by This Agreement.

In the event that during the terms of this Agreement either the Board or the Association desires a change in any wages, hours, terms or conditions of employment not covered by this Agreement, the party desiring the change shall notify the other party in writing of the specific change requested.

A committee consisting of an equal number of Board and Association appointees shall meet to consider the requested change and any alternatives that may exist and make recommendations, if any, to the Board and Association. Upon approval by the Board and the Association Senate the recommendations shall be implemented.

Where either party fails to approve the committee recommendations or where the committee decides to make no recommendation, the party which initiated these procedures may either withdraw its requested change or seek resolution through mediation by notifying the other party in writing of such intent. The party which initiated these procedures shall bear the cost of the mediator's services.

The parties shall attempt to agree upon an impartial chairperson, who shall serve for the term of this Agreement. Where the parties are unable to agree upon an impartial chairperson, they shall jointly follow the procedures of the American Arbitration Association and select an impartial chairperson through the American Arbitration Association.

Mediation shall continue for a period not to exceed thirty (30) calendar days or three (3) mediation sessions, whichever shall first occur, unless the parties jointly agree to extend such time limit. If such mediation fails to resolve the matter, the impartial chairperson shall recommend a settlement in writing. The parties shall consider the settlement in good faith but neither shall be required to bargain any such change notwithstanding any obligation under law to do so in the absence of this provision.

2.13 Management Rights Clause.

The Elgin Community College Board of Trustees, on its own behalf and on behalf of the electors of the district, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in by the laws and the Constitution of the State of Illinois and the United States, including, but without limiting the generality of the foregoing, the right:

  1. To the executive management and administrative control of the College, its properties and facilities.

  2. To hire all employees and subject to the provisions of law and procedures as outlined in this contract determine:

    1. employee qualifications
    2. conditions for their continued employment
    3. conditions for their dismissal
    4. conditions for demotion or reduction in force
    5. conditions for promotion and transfer of all such employees.

  3. To approve curriculum and courses of instruction, including special programs deemed necessary or advisable by the Board.

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