Agency Shop – Notice of Service Fee. All enrolled service fee payers shall receive annual written notice sent by certified mail from the Union, which includes legally adequate audited information concerning the breakdown of “chargeable” and “non-chargeable” expenses, a reasonably prompt opportunity as provided below to challenge the amount of the fee before an impartial decision-maker, and an escrow shall be set up by the Union for the amounts reasonably in dispute while such challenges are pending. Specifically, such notice shall, at a minimum, include: a) An accounting report prepared, signed and verified by an independent auditor, who is a certified public accountant, for the overall purpose of providing an itemization of the expenditures of the Union in detail necessary for an employee reasonably to be able to determine what the Union spends on both chargeable items and non- chargeable items, and consider whether expenses designated as chargeable are related to the Union’s collective bargaining functions. However, this requirement can be met without requiring or allowing non-members or the County to become the Union’s auditors. The accounting will utilize data from the prior fiscal year. At a minimum, this accounting report must: (1) State the amount of the agency shop service fee and provide an overview of how the accounting reports were translated into calculation of this fee; (2) Disclose the Union’s major categories of expenses, including employee compensation, specifying the actual expenditures within each category and the amount spent in each expenditure for chargeable items and non- chargeable items; each major category and the allocations of expenditures therein for chargeable and non-chargeable expenses must be verified by the Auditor; (3) Disclose what percentage of total Union expenditures is allocable to chargeable items and what percentage is allocable to non-chargeable items; (4) State the total sum of money the Union pays affiliates and demonstrate what percentage of such money is used for chargeable and what percentage is used for non-chargeable activities; (5) Disclose what percentage of regular membership dues is allocable to chargeable items and what percentage is allocable to non-chargeable items and, consequently, what percentage of dues will be collected as the agency shop service fee; (6) Explain the methodology used in producing this accounting report. To enable the independent auditor to prepare the accounting report, the Union shall provide the auditor access to all records reasonably necessary for such a preparation, including a record of the employee’s activities in sufficient detail to enable the auditor to make the necessary determinations of chargeable or non-chargeable. In the event that payments are made to any other organization, the auditor shall be provided access either to such organizations’ records or relevant audited financial statements when reasonably necessary to prepare the above accounting. b) Instructions on filing a challenge to the amount of the agency shop service fee with the Union, which, at a minimum, shall provide as follows: (1) Non-members who wish to challenge collection of the agency shop service fee because the amount identified allegedly contains expenditures for non- chargeable activities must file an objection letter with the Union within thirty
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Agency Shop – Notice of Service Fee. All enrolled service fee payers shall receive annual written notice sent by certified mail from the Union, which includes legally adequate audited information concerning the breakdown of “"chargeable” " and “"non-chargeable” " expenses, a reasonably prompt opportunity as provided below to challenge the amount of the fee before an impartial decision-maker, and an escrow shall be set up by the Union for the amounts reasonably in dispute while such challenges are pending. Specifically, such notice shall, at a minimum, include:
a) An accounting report prepared, signed and verified by an independent auditor, who is a certified public accountant, for the overall purpose of providing an itemization of the expenditures of the Union in detail necessary for an employee reasonably to be able to determine what the Union spends on both chargeable items and non- chargeable items, and consider whether expenses designated as chargeable are related to the Union’s 's collective bargaining functions. However, this requirement can be met without requiring or allowing non-members or the County to become the Union’s 's auditors. The accounting will utilize data from the prior fiscal year. At a minimum, this accounting report must:
(1) State the amount of the agency shop service fee and provide an overview of how the accounting reports were translated into calculation of this fee;
(2) Disclose the Union’s 's major categories of expenses, including employee compensation, specifying the actual expenditures within each category and the amount spent in each expenditure for chargeable items and non- non-chargeable items; each major category and the allocations of expenditures therein for chargeable and non-chargeable expenses must be verified by the Auditor;
(3) Disclose what percentage of total Union expenditures is allocable to chargeable items and what percentage is allocable to non-chargeable items;
(4) State the total sum of money the Union pays affiliates and demonstrate what percentage of such money is used for chargeable and what percentage is used for non-chargeable activities;
(5) Disclose what percentage of regular membership dues is allocable to chargeable items and what percentage is allocable to non-chargeable items and, consequently, what percentage of dues will be collected as the agency shop service fee;
(6) Explain the methodology used in producing this accounting report. To enable the independent auditor to prepare the accounting report, the Union shall provide the auditor access to all records reasonably necessary for such a preparation, including a record of the employee’s 's activities in sufficient detail to enable the auditor to make the necessary determinations of chargeable or non-chargeable. In the event that payments are made to any other organization, the auditor shall be provided access either to such organizations’ ' records or relevant audited financial statements when reasonably necessary to prepare the above accounting.
b) Instructions on filing a challenge to the amount of the agency shop service fee with the Union, which, at a minimum, shall provide as follows:
(1) Non-members who wish to challenge collection of the agency shop service fee because the amount identified allegedly contains expenditures for non- chargeable activities must file an objection letter with the Union within thirty
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Agency Shop – Notice of Service Fee. All enrolled service fee payers shall receive annual written notice sent by certified mail from the UnionAssociation, which includes legally adequate audited information concerning the breakdown of “chargeable” and “non-chargeable” expenses, a reasonably prompt opportunity as provided below to challenge the amount of the fee before an impartial decision-maker, and an escrow shall be set up by the Union Association for the amounts reasonably in dispute while such challenges are pending. Specifically, such notice shall, at a minimum, include:
a) An accounting report prepared, signed and verified by an independent auditor, who is a certified public accountant, for the overall purpose of providing an itemization of the expenditures of the Union Association in detail necessary for an employee reasonably to be able to determine what the Union Association spends on both chargeable items and non- non-chargeable items, and consider whether expenses designated as chargeable are related to the UnionAssociation’s collective bargaining functions. However, this requirement can be met without requiring or allowing non-members or the County to become the UnionAssociation’s auditors. The accounting will utilize data from the prior fiscal year. At a minimum, this accounting report must:
(1) State state the amount of the agency shop service fee and provide an overview of how the accounting reports were translated into calculation of this fee;
(2) Disclose disclose the UnionAssociation’s major categories of expenses, including employee compensation, specifying the actual expenditures within each category and the amount spent in each expenditure for chargeable items and non- non-chargeable items; ;
(3) each major category and the allocations of expenditures therein for chargeable and non-chargeable expenses must be verified by the Auditor;
(34) Disclose disclose what percentage of total Union Association expenditures is allocable to chargeable items and what percentage is allocable to non-chargeable items;
(45) State state the total sum of money the Union Association pays affiliates and demonstrate what percentage of such money is used for chargeable and what percentage is used for non-chargeable activities;
(56) Disclose disclose what percentage of regular membership dues membershipdues is allocable to chargeable items and what percentage is allocable to non-chargeable items and, consequently, what percentage of dues will be collected as the agency shop service fee;
(67) Explain explain the methodology used in producing this accounting report. To enable the independent auditor to prepare the accounting report, the Union Association shall provide the auditor access to all records reasonably necessary for such a preparation, including a record of the employee’s activities in sufficient detail to enable the auditor to make the necessary determinations of chargeable or non-chargeable. In the event that payments are made to any other organization, the auditor shall be provided access either to such organizations’ records or relevant audited financial statements when reasonably necessary to prepare the above accounting.
b) Instructions on filing a challenge to the amount of the agency shop service fee with the UnionAssociation, which, at a minimum, shall provide as follows:
(1) Nonnon-members who wish to challenge collection of the agency shop service fee because the amount identified allegedly contains expenditures for non- chargeable activities must file an objection letter with the Union Association within thirty30 calendar days of receipt of notice (notice shall be rebuttably presumed to have been received no later than five (5) calendar days after it is postmarked). A non-member may file a letter by presenting it to the Association business office in person or by certified mail, return receipt requested. The non-member shall provide a copy of the letter to the County’s Employee Relations Manager within three (3) calendar days of its filing with the Association;
(2) the letter shall be signed by the challenger or the challenger’s agent under penalty of xxxxxxx and must state with specificity the particular expenditures being challenged, and the grounds for such challenge. The letter must contain the name and mailing address of the challenger;
(3) during the pendency of the challenge, the amount of the agency shop service fee reasonably in dispute shall be placed in an escrow account established by the Association;
(4) within 30 calendar days after receipt, the Association shall schedule a date for arbitration, which shall be conducted in accordance with procedures established by American Arbitration Association. Pending the commencement of arbitration, the Association and the challenger may, by mutual agreement, attempt to resolve the dispute informally;
(5) the arbitrator shall be selected in accordance with the procedures of the American Arbitration Association;
(6) the Association shall have the burden of proving that the fee amount complies with this Article and applicable law; and
(7) The costs of the arbitrator and court reporter, if any, shall be borne entirely by the Association. The challenging employee shall be responsible for his/her costs including but not limitedto attorney fees and copies of the court reporter’s original transcript.
Appears in 1 contract
Samples: Memorandum of Understanding
Agency Shop – Notice of Service Fee. All enrolled service fee payers shall receive annual written notice sent by certified mail from the UnionAssociation, which includes legally adequate audited information concerning the breakdown of “chargeable” and “non-chargeable” expenses, a reasonably prompt opportunity as provided below to challenge the amount of the fee before an impartial decision-maker, and an escrow shall be set up by the Union Association for the amounts reasonably in dispute while such challenges are pending. Specifically, such notice shall, at a minimum, include:
a) An accounting report prepared, signed and verified by an independent auditor, who is a certified public accountant, for the overall purpose of providing an itemization of the expenditures of the Union Association in detail necessary for an employee reasonably to be able to determine what the Union Association spends on both chargeable items and non- non-chargeable items, and consider whether expenses designated as chargeable are related to the UnionAssociation’s collective bargaining functions. However, this requirement can be met without requiring or allowing non-members or the County to become the UnionAssociation’s auditors. The accounting will utilize data from the prior fiscal year. At a minimum, this accounting report must:
(1) State state the amount of the agency shop service fee and provide an overview of how the accounting reports were translated into calculation of this fee;
(2) Disclose disclose the UnionAssociation’s major categories of expenses, including employee compensation, specifying the actual expenditures within each category and the amount spent in each expenditure for chargeable items and non- non-chargeable items; ;
(3) each major category and the allocations of expenditures therein for chargeable and non-chargeable expenses must be verified by the Auditor;
(34) Disclose disclose what percentage of total Union Association expenditures is allocable to chargeable items and what percentage is allocable to non-chargeable items;
(45) State state the total sum of money the Union Association pays affiliates and demonstrate what percentage of such money is used for chargeable and what percentage is used for non-chargeable activities;
(56) Disclose disclose what percentage of regular membership dues is allocable to chargeable items and what percentage is allocable to non-chargeable items and, consequently, what percentage of dues will be collected as the agency shop service fee;
(67) Explain explain the methodology used in producing this accounting report. To enable the independent auditor to prepare the accounting report, the Union Association shall provide the auditor access to all records reasonably necessary for such a preparation, including a record of the employee’s activities in sufficient detail to enable the auditor to make the necessary determinations of chargeable or non-chargeable. In the event that payments are made to any other organization, the auditor shall be provided access either to such organizations’ records or relevant audited financial statements when reasonably necessary to prepare the above accounting.
b) Instructions on filing a challenge to the amount of the agency shop service fee with the UnionAssociation, which, at a minimum, shall provide as follows:
(1) Nonnon-members who wish to challenge collection of the agency shop service fee because the amount identified allegedly contains expenditures for non- non chargeable activities must file an objection letter with the Union Association within thirty30 calendar days of receipt of notice (notice shall be rebuttably presumed to have been received no later than five (5) calendar days after it is postmarked). A non-member may file a letter by presenting it to the Association business office in person or by certified mail, return receipt requested. The non-member shall provide a copy of the letter to the County’s Employee Relations Manager within three (3) calendar days of its filing with the Association;
(2) the letter shall be signed by the challenger or the challenger’s agent under penalty of xxxxxxx and must state with specificity the particular expenditures being challenged, and the grounds for such challenge. The letter must contain the name and mailing address of the challenger;
(3) during the pendency of the challenge, the amount of the agency shop service fee reasonably in dispute shall be placed in an escrow account established by the Association;
(4) within 30 calendar days after receipt, the Association shall schedule a date for arbitration, which shall be conducted in accordance with procedures established by American Arbitration Association. Pending the commencement of arbitration, the Association and the challenger may, by mutual agreement, attempt to resolve the dispute informally;
(5) the arbitrator shall be selected in accordance with the procedures of the American Arbitration Association;
(6) the Association shall have the burden of proving that the fee amount complies with this Article and applicable law; and
(7) The costs of the arbitrator and court reporter, if any, shall be borne entirely by the Association. The challenging employee shall be responsible for his/her costs including but not limited to attorney fees and copies of the court reporter’s original transcript.
20.9.1 Agency Shop – Acknowledgment Obligations
Appears in 1 contract
Samples: Memorandum of Understanding
Agency Shop – Notice of Service Fee. All enrolled service fee payers shall receive annual written notice sent by certified mail from the Union, which includes legally adequate audited information concerning the breakdown of “chargeable” and “non-chargeable” expenses, a reasonably prompt opportunity as provided below to challenge the amount of the fee before an impartial decision-maker, and an escrow shall be set up by the Union for the amounts reasonably in dispute while such challenges are pending. Specifically, such notice shall, at a minimum, include:
a) An accounting report prepared, signed and verified by an independent auditor, who is a certified public accountant, for the overall purpose of providing an itemization of the expenditures of the Union in detail necessary for an employee reasonably to be able to determine what the Union spends on both chargeable items and non- chargeable items, and consider whether expenses designated as chargeable are related to the Union’s collective bargaining functions. However, this requirement can be met without requiring or allowing non-members or the County to become the Union’s auditors. The accounting will utilize data from the prior fiscal year. At a minimum, this accounting report must:
(1) State the amount of the agency shop service fee and provide an overview of how the accounting reports were translated into calculation of this fee;
(2) Disclose the Union’s major categories of expenses, including employee compensation, specifying the actual expenditures within each category and the amount spent in each expenditure for chargeable items and non- chargeable items; each major category and the allocations of expenditures therein for chargeable and non-chargeable expenses must be verified by the Auditor;
(3) Disclose what percentage of total Union expenditures is allocable to chargeable items and what percentage is allocable to non-chargeable items;
(4) State the total sum of money the Union pays affiliates and demonstrate what percentage of such money is used for chargeable and what percentage is used for non-chargeable activities;
(5) Disclose what percentage of regular membership dues is allocable to chargeable items and what percentage is allocable to non-chargeable items and, consequently, what percentage of dues will be collected as the agency shop service fee;
(6) Explain the methodology used in producing this accounting report. To enable the independent auditor to prepare the accounting report, the Union shall provide the auditor access to all records reasonably necessary for such a preparation, including a record of the employee’s activities in sufficient detail to enable the auditor to make the necessary determinations of chargeable or non-chargeable. In the event that payments are made to any other organization, the auditor shall be provided access either to such organizations’ records or relevant audited financial statements when reasonably necessary to prepare the above accounting.
b) Instructions on filing a challenge to the amount of the agency shop service fee with the Union, which, at a minimum, shall provide as follows:
(1) Non-members who wish to challenge collection of the agency shop service fee because the amount identified allegedly contains expenditures for non- chargeable activities must file an objection letter with the Union within thirty
Appears in 1 contract
Samples: Memorandum of Understanding
Agency Shop – Notice of Service Fee. All enrolled service fee payers shall receive annual written notice sent by certified mail from the Union, which includes legally adequate audited information concerning the breakdown of “chargeable” and “non-chargeable” expenses, a reasonably prompt opportunity as provided below to challenge the amount of the fee before an impartial decision-maker, and an escrow shall be set up by the Union for the amounts reasonably in dispute while such challenges are pending. Specifically, such notice shall, at a minimum, include:
a) An accounting report prepared, signed and verified by an independent auditor, who is a certified public accountant, for the overall purpose of providing an itemization of the expenditures of the Union in detail necessary for an employee reasonably to be able to determine what the Union spends on both chargeable items and non- chargeable items, and consider whether expenses designated as chargeable are related to the Union’s collective bargaining functions. However, this requirement can be met without requiring or allowing non-members or the County to become the Union’s auditors. The accounting will utilize data from the prior fiscal year. At a minimum, this accounting report must:must:
(1) State the amount of the agency shop service fee and provide an overview of how the accounting reports were translated into calculation of this fee;fee;
(2) Disclose the Union’s major categories of expenses, including employee compensation, specifying the actual expenditures within each category and the amount spent in each expenditure for chargeable items and non- chargeable items; each major category and the allocations of expenditures therein for chargeable and non-chargeable expenses must be verified by the Auditor;Auditor;
(3) Disclose what percentage of total Union expenditures is allocable to chargeable items and what percentage is allocable to non-chargeable items;items;
(4) State the total sum of money the Union pays affiliates and demonstrate what percentage of such money is used for chargeable and what percentage is used for non-chargeable activities;activities;
(5) Disclose what percentage of regular membership dues is allocable to chargeable items and what percentage is allocable to non-chargeable items and, consequently, what percentage of dues will be collected as the agency shop service fee;fee;
(6) Explain the methodology used in producing this accounting report. report. To enable the independent auditor to prepare the accounting report, the Union shall provide the auditor access to all records reasonably necessary for such a preparation, including a record of the employee’s activities in sufficient detail to enable the auditor to make the necessary determinations of chargeable or non-chargeable. In the event that payments are made to any other organization, the auditor shall be provided access either to such organizations’ records or relevant audited financial statements when reasonably necessary to prepare the above accounting.accounting.
b) Instructions on filing a challenge to the amount of the agency shop service fee with the Union, which, at a minimum, shall provide as follows:
(1) Non-members who wish to challenge collection of the agency shop service fee because the amount identified allegedly contains expenditures for non- chargeable activities must file an objection letter with the Union within thirtythirty
Appears in 1 contract
Samples: Memorandum of Understanding
