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3.9 Payroll Deduction <br /> The City shall deduct Union membership dues and any other mutually agreed upon payroll deduction from <br /> the pay of member workers. The dues deduction must be authorized in writing by the worker on an <br /> authorization card acceptable to the City and the Union. The City shall remit the deducted dues to the <br /> Union on a bi-weekly basis. <br /> Upon voluntary request by the worker, the City will make a deduction for "COPE" along with other <br /> deductions sent to the Union. <br /> 3.10 Hold Harmless <br /> The Union agrees to indemnify, defend the City, and hold it harmless, from any and all claims, demands, <br /> suits,or any other action that arise from the provisions of this agreement. <br /> ARTICLE 4-AGENCY SHOP <br /> 4.1 Duty of Fair Representation <br /> The Union, as the exclusive representative, has the duty to provide fair and non-discriminatory <br /> representation to all workers covered by this Memorandum of Understanding, regardless of whether they <br /> are members of the Union. <br /> 4.2 Options Available to Workers <br /> All workers covered by this MOU shall, within thirty (30) days of the date upon which said worker was <br /> formally hired by the City as a bargaining unit worker, as a condition of regular employment either: <br /> (1) Become and remain a member of the Union; <br /> (2) Pay to the Union, through payroll deduction, an agency fee in an amount which does not exceed <br /> an amount which may be lawfully collected under applicable constitutional, statutory, and case law, <br /> which shall be less than the monthly dues made during the duration of this Memorandum of <br /> Understanding, it being understood that it shall be the sole responsibility of the Union to determine <br /> an agency fee which meets the above criteria; or, <br /> (3) Present to the Union and the Director of Finance a written declaration that the worker is a member <br /> of a bona fide religion, body, or sect which has historically held a conscientious objection to joining <br /> or financially supporting any public employee organization as a condition of employment; and pay a <br /> sum equal to the agency fee described in (2)above to one of the following: <br /> A. The American Cancer Society; <br /> B. The American Heart Association; <br /> C. The Sickle Cell Anemia Research and Education, Inc. (SCARE);or <br /> D. Any charity jointly agreed upon by the City and the Union. Such charities cannot be <br /> affiliated in any manner with the Union, nor can such charity be related to an established <br /> religious organization. <br /> 4 <br />