Common use of Agency Shop Clause in Contracts

Agency Shop. A. Since IUOE has certified it has an IUOE membership of at least fifty percent (50%) of the total number of full-time employees in Unit 13, IUOE is allowed to collect a "Fair Share" fee from non-IUOE members who are employees in Bargaining Xxxx 00. Membership in IUOE or payment of the IUOE Fair Share fee is not a condition of State employment. B. Effective with the beginning of the first pay period following ratification of this Agreement by the Legislature and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOE. Such authorized dues deductions and Fair Share fees shall be remitted monthly to IUOE along with an adequate itemized record of deductions. IUOE shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fees and IUOE agrees to indemnify, defend, and hold the State employer harmless for any such action. C. Any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE within thirty (30) calendar days prior to the expiration of this Agreement, with a copy to the State Controller. Employees who withdraw from IUOE shall be subject to paying an IUOE Fair Share fee as provided above. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership dues or Fair Share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant to Government Code section 3515.7(c), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed by the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board for receipt of charitable contributions by payroll deductions. G. If an employee who holds conscientious objections pursuant to this item requests individual representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE has certified it has an IUOE membership Pursuant to the Xxxxxx-Xxxxxx-Xxxxx Act, Government Code Section 3502.5, employees covered by this Memorandum of at least fifty percent Understanding (50%MOU) of the total number of full-time employees in Unit 13shall, IUOE is allowed to collect a "Fair Share" fee from non-IUOE members who are employees in Bargaining Xxxx 00. Membership in IUOE or payment of the IUOE Fair Share fee is not as a condition of State continuing employment. B. Effective , become a member of the Union or shall pay a service fee in lieu of membership dues. Such dues or service fees are as set in accordance with the beginning bylaws of the Union. Any employee hired, promoted, demoted or transferred into a position subject to this MOU shall be provided, by the County, with a Notice of Agency Shop Provision during their first pay period of employment advising the employee of the agency shop agreement with the Union and of the requirement that all employees subject to the MOU must either join the Union or pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemption. The County shall automatically deduct the service fee established by the Union no later than the first pay period following ratification the date of this Agreement by the Legislature and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE andhire, pursuant to Government Code section 3515.7promotion, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOE. Such authorized dues deductions and Fair Share fees shall be remitted monthly to IUOE along with an adequate itemized record of deductions. IUOE shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery ofdemotion, or damages for, improper use or calculation of Fair Share fees and IUOE agrees to indemnify, defend, and hold transfer unless the State employer harmless for any such action. C. Any employee may withdraw from IUOE by sending has provided a signed withdrawal letter to IUOE within thirty (30) calendar days prior to the expiration of this Agreement, with a copy to the State Controller. Employees who withdraw from IUOE shall be subject to paying an IUOE Fair Share fee as provided above. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership dues or Fair Share fees. E. Under no circumstances is deduction form electing membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant to Government Code section 3515.7(c), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed by the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board for receipt of charitable contributions by payroll deductions. G. If an employee who holds conscientious objections pursuant to this item requests individual representation in a grievance, arbitrationUnion, or administrative hearing from IUOE, IUOE may charge the employee for has provided verification of the reasonable costs of such representation. H. An religious exemption. If the employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to has not properly completed the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the authorization form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right choice and returned said form to demand the Auditor Controller/Treasurer-Tax Collector’s Office, the County shall continue to automatically deduct the service fee and receive from IUOE thereafter until such time as the employee has provided a return dues deduction form electing membership in the Union or the employee has provided verification of any part of the religious exemption to the Auditor Controller/Treasurer-Tax Collector’s Office. If a current employee is promoted, demoted or transferred into a position in another SEIU represented bargaining unit that fee paid by him/her which represents is subject to an Agency Shop provision, the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment’s current deduction status will continue (Union dues, service fee, religious exemption fee, or applied toward the cost of any other benefits available only to members of IUOEnon-germane objector’s fee). K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE CCPOA has certified that it has an IUOE a CCPOA membership of at least fifty percent (50%) of the total number of full-time employees in Unit 13Xxxx 0, IUOE XXXXX is allowed to collect a "Fair Share" “fair share” fee from non-IUOE CCPOA members who are employees in Bargaining Xxxx 00Unit 6. Membership The fair share shall operate in IUOE accordance with the following: A. The State employer agrees to deduct and transmit to CCPOA all deductions authorized on a form provided by CCPOA, and pursuant to Government Code Section 3515.7, to deduct and transmit to CCPOA all fair share fees from State employees in Unit 6 who do not elect to become members of CCPOA. The State employer agrees to deduct and transmit all deductions and fair share fees during the life of this MOU and after the expiration of this MOU until (1) a successor agreement is reached, or payment (2) implementation of the IUOE Fair Share fee is not a condition of State’s last, best and final offer after negotiations, whichever comes first. The State employment. B. Effective shall deduct and transmit fair share fees effective with the beginning of the first pay period following ratification of this Agreement by the Legislature and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOEMOU. Such authorized dues deductions and Fair Share fair share fees shall be remitted monthly to IUOE CCPOA along with an adequate itemized record of deductions. IUOE CCPOA shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fair share fees and IUOE CCPOA agrees to indemnify, defend, and hold the State state employer harmless for any such action. C. B. Any employee may withdraw from IUOE CCPOA by sending a signed withdrawal letter to IUOE within thirty (30) calendar days prior to the expiration of this Agreement, CCPOA with a copy to the State Controller. Employees who withdraw from IUOE CCPOA shall be subject to paying an IUOE Fair Share a CCPOA fair share fee as provided above. D. C. The amount of membership dues and Fair Share fair share fees shall be set by IUOE CCPOA and changed by the State upon written notice from IUOECCPOA. IUOE CCPOA agrees to notice all affected employees any time there is a change in membership dues or Fair Share fair share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant D. CCPOA agrees to Government Code section 3515.7(c)indemnify, any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct defend and hold the State employer, via means prescribed by harmless against any claims made of any nature and against any suit instituted against the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board arising from its checkoff for receipt of charitable contributions by payroll CCPOA deductions. G. If an employee who holds conscientious objections pursuant to this item requests individual representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE has certified it has an IUOE membership of at least fifty 50 percent (50%) of the total number of full-time employees in Unit 1312, IUOE is allowed to collect a "“Fair Share" ” fee from non-IUOE members who are employees in Bargaining Xxxx 00. Membership in IUOE or payment of the IUOE Fair Share fee is not a condition of State employment. B. Effective with the beginning of the first pay period following ratification of this Agreement by the Legislature and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 12 who do not elect to become members of IUOE. Such authorized dues deductions deduction and Fair Share fees shall be remitted monthly to IUOE along with an adequate itemized record of deductions. IUOE shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fees and IUOE agrees to indemnify, defend, and hold the State employer harmless for any such action. C. Any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE within thirty (30) calendar days prior to the expiration of this Agreement, with a copy to the State Controller. Employees who withdraw from IUOE shall be subject to paying an IUOE Fair Share fee as provided above. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership dues or Fair Share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant to Government Code section 3515.7(c), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed by the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board for receipt of charitable contributions by payroll deductions. G. If an employee who holds conscientious objections pursuant to this item requests individual representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's ’s conduct in representation is arbitrary, discriminatory, or in bad faith. I. G. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board board (PERB) and to employees in Unit 1312, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 12 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE has certified PDA agrees that it has a duty to provide fair and nondiscriminatory representation to all unit employees regardless of whether they are members. B. All employees employed in the PDA representation unit shall as a condition of employment either: 1. Become and remain a member of PDA; or 2. Pay an IUOE membership agency fee which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law (e.g., Xxxxxx v. Chicago Teachers Union, Local No. 1), which shall be less than the monthly dues made during the duration of at least fifty percent this MOU, it being understood that it shall be the sole responsibility of PDA to determine an agency fee which meets the above criteria; or 3. Do both of the following: a. Execute a written declaration that the employee is a member of a bonafide religion, body, or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. Pay a sum equal to the agency shop fee to one of the negotiated non-religious, non-labor, charitable funds that is exempt from taxation under Section 501(c) (50%3) of the total number of full-time employees in Unit 13, IUOE is allowed to collect a "Fair Share" fee from non-IUOE members who are employees in Bargaining Xxxx 00. Membership in IUOE or payment of the IUOE Fair Share fee is not Internal Revenue Code. C. As a condition of State employment, all new workers who are hired into a classification covered by this MOU, shall at the time of hire execute an authorization for the payroll deduction of one of the options specified in Section B. 1, 2, and 3 above. B. Effective with D. Employees who elect membership shall continue to pay dues for the beginning of the first pay period following ratification duration of this Agreement by the Legislature and the Union the State employer agrees each subsequent MOU. For a period of 90 to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOE. Such authorized dues deductions and Fair Share fees shall be remitted monthly to IUOE along with an adequate itemized record of deductions. IUOE shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fees and IUOE agrees to indemnify, defend, and hold the State employer harmless for any such action. C. Any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE within thirty (30) calendar 70 days prior to the expiration of this Agreement, with a copy to the State Controller. Employees who withdraw from IUOE shall be subject to paying an IUOE Fair Share fee as provided above. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership dues or Fair Share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant to Government Code section 3515.7(c)subsequent MOU, any employee who is a member shall have the right to withdraw by discontinuing dues deduction and selecting one of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations the options specified in Section B above. Said withdrawal shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed communicated by the State Controller, to deduct and pay sums equal employee during that period of time in writing to the Fair Share Controller by certified mail and must be postmarked during the 90 to 70 day period. E. PDA shall provide the County with sufficient copies of its "Xxxxxx Procedure" for the determination and protest of its agency shop fees so that the County can provide a copy of the "Xxxxxx Procedure" to every employee hired into a PDA represented class. PDA shall provide a copy of said "Xxxxxx Procedure" to every fee payer covered by this MOU annually, and as a condition to any change in the agency shop fee. Failure by an employee to invoke the Xxxxxx Procedure within one month after actual notice of the Xxxxxx Procedure shall be a non-religious, non-labor organization, charitable fund approved waiver by the State Victims Compensation employee of their right to contest the amount of the agency shop fee. F. If, after all other involuntary and Government Claims Board insurance premium deductions are made in any pay period, the balance is not sufficient to pay the deduction of dues, agency fee, or charity fee required by this Section, no such deduction shall be made for receipt of charitable contributions by payroll deductionsthe current pay period. G. If The provisions of Sections B and C shall not apply during periods that an employee who holds conscientious objections pursuant to this item requests individual is separated from the representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge unit but shall be reinstated upon the return of the employee for to the reasonable costs representation unit. The term separation includes transfer out of such representationthe unit, layoff, and leave of absence of more than 30 days. H. An employee who pays a Fair Share fee Annually, PDA shall provide Employee Relations with copies of the financial report which PDA annually files with the California Franchise Tax Board (CT-2) and the IRS (Form 990). Such report shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board (PERB) and to employees in Unit 13, the unit. Failure to file such a report within ninety (90) sixty days after the end of its fiscal year, a detailed written financial report year shall result in the form termination of a balance sheet and an operating statementall agency shop fee deductions without jeopardy to any employee, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling complianceuntil said report is filed. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE has certified it has an IUOE membership of at least fifty 50 percent (50%) of the total number of full-time employees in Unit 1312, IUOE is allowed to collect a "“Fair Share" ” fee from non-IUOE members who are employees in Bargaining Xxxx 00Unit 12. Membership in IUOE or payment of the IUOE Fair Share fee is not a condition of State employment. B. Effective with the beginning of the first pay period following ratification of this Agreement by the Legislature and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 12 who do not elect to become members of IUOE. Such authorized dues deductions deduction and Fair Share fees shall be remitted monthly to IUOE along with an adequate itemized record of deductions. IUOE shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fees and IUOE agrees to indemnify, defend, and hold the State employer harmless for any such action. C. Any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE within thirty (30) calendar days prior to the expiration of this Agreement, with a copy to the State Controller. Employees who withdraw from IUOE shall be subject to paying an IUOE Fair Share fee as provided above. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership dues or Fair Share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant to Government Code section 3515.7(c), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed by the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board for receipt of charitable contributions by payroll deductions. G. If an employee who holds conscientious objections pursuant to this item requests individual representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's ’s conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE X. XXXX agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board board (PERB) and to employees in Unit 1312, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 12 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. The Employer agrees to deduct from the salary of each individual employee in the bargaining unit who becomes a member, the Association's dues, subject to all of the following conditions: A. Since IUOE has certified it has an IUOE The Association shall obtain from each of its members a completed authorization form which shall conform to the respective state and federal law(s) concerning that subject, or any interpretation(s) thereof. B. All checkoff authorization forms shall be filed with the Employer's Human Resources Director, who may return any incomplete or incorrectly completed form to the Association's Treasurer, and no checkoff shall be made until such deficiency is corrected. C. All employees covered under this Agreement who do not voluntarily choose membership in the Association shall have deducted from their wages a percentage of at least fifty the membership dues, which sum may be less than one hundred percent (50100%) of said dues, upon receipt by the total number Employer of full-time employees in Unit 13a signed, IUOE is allowed written card, and which sum shall accurately represent the amount for said employee due the Association as their fair share of costs attributable to collect a "Fair Share" fee from non-IUOE members who are employees in Bargaining Xxxx 00. Membership in IUOE or payment of negotiating the IUOE Fair Share fee is not a condition of State employment. B. Effective with the beginning of the first pay period following ratification terms of this Agreement and servicing the contract, which sum shall not include, by way of example but not by way of limitation, state, national or other dues and assessments, or other amounts for other Association activities. D. The Employer shall only checkoff obligations which come due at the Legislature time of checkoff, and will make checkoff deductions only if the Union employee has enough pay due to cover such obligation. The Employer is not responsible for refund to the State employer agrees employee if he/she has duplicated a checkoff deduction by direct payment to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOE. Such authorized dues deductions and Fair Share fees the Association. E. The Employer's remittance shall be remitted monthly deemed correct if the Association does not give written notice to IUOE along the Human Resources Director within two (2) calendar weeks after remittance is transmitted of its belief, with an adequate itemized record of deductions. IUOE shall pay any reasonable costs incurred by reason(s) stated therefore, that the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fees and IUOE agrees to indemnify, defend, and hold the State employer harmless for any such actionremittance is incorrect. C. Any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE within F. The Association shall provide at least thirty (30) calendar days written notice to the Human Resources Director of the amount of Association dues and/or service fees and/or initiation fee to be deducted from the wages of employees in accordance with this Article. Any changes in the amounts determined will also be provided to the Human Resources Director at least thirty (30) days prior to the expiration of this Agreement, with a copy its implementation. New checkoff authorization forms shall be submitted to the State Controller. Employees who withdraw from IUOE shall be subject to paying Employer in the event that an IUOE Fair Share fee as provided above. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by increase in the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership Association dues or Fair Share fees. E. Under no circumstances service fee is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant to Government Code section 3515.7(c), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed by the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board for receipt of charitable contributions by payroll deductionsmade. G. If an employee who holds conscientious objections pursuant The Association agrees to this item requests individual representation in a grievancedefend, arbitrationindemnify and save the Employer harmless against any and all claims, suits, or administrative hearing other forms of liability arising out of its deduction from IUOEan employee's pay of Association dues, IUOE may charge service fees and/or initiation fee, or in reliance upon any list, notice, certification or authorization furnished under this Article, including the employee termination of employment as provided under the Agency Shop provision. The Association assumes full responsibility for the reasonable costs disposition of such representationthe deductions so made once they have been sent to the Association. H. An employee who pays a Fair Share fee The Association shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faithexclusively use the checkoff authorization as herein provided for on page 5. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE has certified it has an IUOE membership of at least fifty percent (50%) 5.1 Employees of the total number bargaining unit who are not members of full-time employees the Union and its local shall pay to the Union an Agency fee. The Union shall bear sole responsibility for the enforcement of this provision. Such agency fee shall not exceed dues paid by members of the Union and its local Chapter. Agency fee amounts shall be based upon the fee payer’s annual wages as provided by the OAPSE Constitution. 5.2 The Union shall notify the Board of the Agency Fee Amount and of any changes in Unit 13the amount of dues deductions and shall concurrently provide to each non- member employee a notice of the amount of the fee, IUOE adequate explanation as to how the fee was determined, a statement that the employee may file an objection as to the amount and how to receive a rebate, and an explanation as to the procedure which the employee must follow to challenge the amount of fee under the Union's internal rebate procedure. 5.3 Agency fee shall be deducted through the payroll deduction in the same manner as dues deductions, except that written authorization for agency fee deduction is allowed to collect a "Fair Share" fee from not required. The Union shall notify the treasurer, in writing, the names of non-IUOE members who are employees in Bargaining Xxxx 00prior to agency fee being deducted each year. Membership in IUOE or payment Both dues and Agency fees shall be forwarded to the State Union with notices of the IUOE Fair Share fee is not a condition of State employmentnames, addresses and amounts. B. Effective 5.4 OAPSE membership dues shall be deducted from the employees' pay in twenty-four (24) equal deductions starting with the beginning of the first pay check of September and continuing until dues are paid. The Board shall submit payment of dues to the State Union (OAPSE). The Board Treasurer shall submit payment of dues to the State Union each pay period following ratification in which deductions are made by check for the amount deducted. (This also applies to the agency fee.) 5.5 Individual authorization forms shall be furnished by the State Union and when executed shall be filed by the local chapter with the Board Treasurer. 5.6 The Board agrees not to honor dues deduction authorizations executed by any employee in the bargaining unit in favor of any other labor organization for the life of this Agreement by agreement. 5.7 The Union shall indemnify the Legislature Board, its members and its administrative and supervisory employees, including the Union Board's Treasurer (all hereinafter referred to as "the State employer agrees indemnities"), and hold them harmless from any and all liability, damages and expenses including but not limited to deduct legal fee and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOE. Such authorized dues deductions and Fair Share fees shall be remitted monthly to IUOE along with an adequate itemized record of deductions. IUOE shall pay any reasonable costs directly or indirectly incurred by the State Controller. The State employer shall not be liable in indemnities, as the result of any legal action or administrative claim brought by against them as a State employee seeking recovery of, or damages for, improper use or calculation result of Fair Share fees and IUOE agrees to indemnify, defend, and hold the State employer harmless for any such action. C. Any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE within thirty (30) calendar days prior to the expiration provisions of this Agreement, with a copy to the State Controller. Employees who withdraw from IUOE shall be subject to paying an IUOE Fair Share fee as provided aboveArticle. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership dues or Fair Share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant to Government Code section 3515.7(c), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed by the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board for receipt of charitable contributions by payroll deductions. G. If an employee who holds conscientious objections pursuant to this item requests individual representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE has certified it has an IUOE membership of at least fifty percent (50%) of the total number of full-time employees in Unit 13, IUOE is allowed to collect a "Fair Share" fee from non-IUOE members who are employees in Bargaining Xxxx 00. Membership in IUOE or payment of the IUOE Fair Share fee is not a condition of State employment. B. Effective with the beginning of the first pay period following ratification of this Agreement by the Legislature and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOE. Such authorized dues deductions and Fair Share fees shall be remitted monthly to IUOE along with an adequate itemized record of deductions. IUOE shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fees and IUOE agrees to indemnify, defend, and hold the State employer harmless for any such action. C. Any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE within thirty (30) calendar days prior to the expiration of this Agreement, with a copy to the State Controller. Employees who withdraw from IUOE shall be subject to paying an IUOE Fair Share fee as provided above. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership dues or Fair Share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant to Government Code section 3515.7(c), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed by the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board for receipt of charitable contributions by payroll deductions. G. If an employee who holds conscientious objections pursuant to this item Item requests individual representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE CCPOA has certified that it has an IUOE a CCPOA membership of at least fifty percent (50%) of the total number of full-time employees in Unit 136, IUOE CCPOA is allowed to collect a "Fair Sharefair share" fee from non-IUOE CCPOA members who are employees in Bargaining Xxxx 00Unit 6. Membership The fair share shall operate in IUOE accordance with the following: A. The State employer agrees to deduct and transmit to CCPOA all deductions authorized on a form provided by CCPOA, and pursuant to Government Code Section 3515.7, to deduct and transmit to CCPOA all fair share fees from State employees in Unit 6 who do not elect to become members of CCPOA. The State employer agrees to deduct and transmit all deductions and fair share fees during the life of this MOU and after the expiration of this MOU until: (1) a successor agreement is reached, or payment (2) implementation of the IUOE Fair Share fee is not a condition State’s last, best and final offer after negotiations, or (3) three years from ratification of this MOU, whichever comes first. The State employment. B. Effective shall deduct and transmit fair share fees effective with the beginning of the first pay period following ratification of this Agreement by the Legislature and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOEMOU. Such authorized dues deductions and Fair Share fair share fees shall be remitted monthly to IUOE CCPOA along with an adequate itemized record of deductions. IUOE CCPOA shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fair share fees and IUOE CCPOA agrees to indemnify, defend, and hold the State state employer harmless for any such action. C. B. Any employee may withdraw from IUOE CCPOA by sending a signed withdrawal letter to IUOE within thirty (30) calendar days prior to the expiration of this Agreement, CCPOA with a copy to the State Controller. Employees who withdraw from IUOE CCPOA shall be subject to paying an IUOE Fair Share a CCPOA fair share fee as provided above. D. C. The amount of membership dues and Fair Share fair share fees shall be set by IUOE CCPOA and changed by the State upon written notice from IUOECCPOA. IUOE CCPOA agrees to notice all affected employees any time there is a change in membership dues or Fair Share fair share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant D. XXXXX agrees to Government Code section 3515.7(c)indemnify, any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct defend and hold the State employer, via means prescribed by harmless against any claims made of any nature and against any suit instituted against the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board arising from its checkoff for receipt of charitable contributions by payroll CCPOA deductions. G. If an employee who holds conscientious objections pursuant to this item requests individual representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE has certified it has an IUOE membership of at least fifty 50 percent (50%) of the total number of full-time employees in Unit 13, IUOE is allowed to collect a "Fair Share" fee from non-IUOE members who are employees in Bargaining Xxxx 00. Membership in IUOE or payment of the IUOE Fair Share fee is not a condition of State employment. B. Effective with the beginning of the first pay period following ratification of this Agreement by the Legislature and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOE. Such authorized dues deductions and Fair Share fees shall be remitted monthly to IUOE along with an adequate itemized record of deductions. IUOE shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fees and IUOE agrees to indemnify, defend, and hold the State employer harmless for any such action. C. Any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE within thirty (30) calendar days prior to the expiration of this Agreement, with a copy to the State Controller. Employees who withdraw from IUOE shall be subject to paying an IUOE Fair Share fee as provided above. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership dues or Fair Share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant X. Xxxxxxxx to Government Code section 3515.7(c), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed by the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board of Control for receipt of charitable contributions by payroll deductions. G. If an employee who holds conscientious objections pursuant to this item Item requests individual representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE X. XXXX agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE X. XXXX agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. The EMPLOYER agrees to deduct from the salary of each individual employee in the bargaining unit who becomes a member the ASSOCIATION'S dues, subject to all of the following conditions: A. Since IUOE has certified it has an IUOE The ASSOCIATION shall obtain from each of its members a completed authorization form which shall conform to the respective state and federal law(s) concerning that subject, or any interpretation(s) thereof. B. All check-off authorization forms shall be filed with the EMPLOYER'S Director of Human Resources, who may return any incomplete or incorrectly completed form to the ASSOCIATION's Treasurer, and no check off shall be made until such deficiency is corrected. C. All employees covered under this Agreement who do not voluntarily choose membership in the ASSOCIATION shall have deducted from their wages a percentage of at least fifty the membership dues, which sum may be less than one hundred percent (50100%) of said dues, upon receipt by the total number EMPLOYER of full-time employees in Unit 13a signed, IUOE is allowed written card, and which sum shall accurately represent the amount for said employee due the ASSOCIATION as their fair share of costs attributable to collect a "Fair Share" fee from non-IUOE members who are employees in Bargaining Xxxx 00. Membership in IUOE or payment of negotiating the IUOE Fair Share fee is not a condition of State employment. B. Effective with the beginning of the first pay period following ratification terms of this Agreement and servicing the contract, which sum shall not include, by way of example but not by way of limitation, state, national, or other dues and assessments, or other amounts for other ASSOCIATION activities. D. The EMPLOYER shall only check off obligations which come due at the Legislature time of check off, and will make check off deductions only if the Union employee has enough pay dues to cover such obligation. The EMPLOYER is not responsible for refund to the State employer agrees employee if he/she has duplicated a check off deduction by direct payment to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOE. Such authorized dues deductions and Fair Share fees the ASSOCIATION. E. The EMPLOYER'S remittance shall be remitted monthly deemed correct if the ASSOCIATION does not give written notice to IUOE along the Human Resources Director within two (2) calendar weeks after remittance is transmitted of its belief, with an adequate itemized record of deductions. IUOE shall pay any reasonable costs incurred by reason(s) stated therefore, that the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fees and IUOE agrees to indemnify, defend, and hold the State employer harmless for any such actionremittance is incorrect. C. Any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE within F. The ASSOCIATION shall provide at least thirty (30) calendar days written notice to the Human Resources Director of the amount of ASSOCIATION dues and/or service fees and/or initiation fee to be deducted from the wages of employees in accordance with this Article. Any changes in the amounts determined will also be provided to the Human Resources Director at least thirty (30) days prior to the expiration of this Agreement, with a copy its implementation. New check off authorization forms shall be submitted to the State Controller. Employees who withdraw from IUOE shall be subject to paying EMPLOYER in the event that an IUOE Fair Share fee as provided above. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by increase in the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership ASSOCIATION dues or Fair Share fees. E. Under no circumstances service fee is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant to Government Code section 3515.7(c), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed by the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board for receipt of charitable contributions by payroll deductionsmade. G. If an employee who holds conscientious objections pursuant The ASSOCIATION agrees to this item requests individual representation in a grievancedefend, arbitrationindemnify, and save the EMPLOYER harmless against any and all claims, suits, or administrative hearing other forms of liability arising out of its deduction from IUOEan employee's pay of ASSOCIATION dues, IUOE may charge service fees, and/or initiation fee, or in reliance upon any list, notice, certification, or authorization furnished under this Article, including the employee termination of employment as provided under the Agency Shop provision. The ASSOCIATION assumes full responsibility for the reasonable costs disposition of such representationthe deductions so made once they have been sent to the ASSOCIATION. H. An employee who pays a Fair Share fee The ASSOCIATION shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faithexclusively use the check off authorization as herein provided for herein. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE has certified it has an IUOE membership of at least fifty 50 percent (50%) of the total number of full-time employees in Unit 13, IUOE is allowed to collect a "Fair Share" fee from non-IUOE members who are employees in Bargaining Xxxx 00Unit 13. Membership in IUOE or payment of the IUOE Fair Share fee is not a condition of State employment. B. Effective with the beginning of the first pay period following ratification of this Agreement by the Legislature and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOE. Such authorized dues deductions and Fair Share fees shall be remitted monthly to IUOE along with an adequate itemized record of deductions. IUOE shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fees and IUOE agrees to indemnify, defend, and hold the State employer harmless for any such action. C. Any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE within thirty (30) calendar days prior to the expiration of this Agreement, with a copy to the State Controller. Employees who withdraw from IUOE shall be subject to paying an IUOE Fair Share fee as provided above. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership dues or Fair Share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant to Government Code section 3515.7(c), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed by the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board of Control for receipt of charitable contributions by payroll deductions. G. If an employee who holds conscientious objections pursuant to this item Item requests individual representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE XXXX agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. The EMPLOYER agrees to deduct from the salary of each individual employee in the bargaining unit who becomes a member, the ASSOCIATION's dues, subject to all of the following conditions: A. Since IUOE has certified it has an IUOE The ASSOCIATION shall obtain from each of its members a completed authorization form which shall conform to the respective state and federal law(s) concerning that subject, or any interpretation(s) thereof. B. All checkoff authorization forms shall be filed with the EMPLOYER's Director of Human Resources, who may return any incomplete or incorrectly completed form to the ASSOCIATION's Treasurer, and no checkoff shall be made until such deficiency is corrected. C. All employees covered under this Agreement who do not voluntarily choose membership in the ASSOCIATION shall have deducted from their wages a percentage of at least fifty the membership dues, which sum may be less than one hundred percent (50100%) of said dues, upon receipt by the total number EMPLOYER of full-time employees in Unit 13a signed, IUOE is allowed written card, and which sum shall accurately represent the amount for said employee due the ASSOCIATION as their fair share of costs attributable to collect a "Fair Share" fee from non-IUOE members who are employees in Bargaining Xxxx 00. Membership in IUOE or payment of negotiating the IUOE Fair Share fee is not a condition of State employment. B. Effective with the beginning of the first pay period following ratification terms of this Agreement and servicing the contract, which sum shall not include, by way of example but not by way of limitation, state, national or other dues and assessments, or other amounts for other ASSOCIATION activities. D. The EMPLOYER shall only checkoff obligations which come due at the Legislature time of checkoff, and will make checkoff deductions only if the Union employee has enough pay due to cover such obligation. The EMPLOYER is not responsible for refund to the State employer agrees employee if he/she has duplicated a checkoff deduction by direct payment to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOE. Such authorized dues deductions and Fair Share fees the ASSOCIATION. E. The EMPLOYER's remittance shall be remitted monthly deemed correct if the ASSOCIATION does not give written notice to IUOE along the Human Resources Director within two (2) calendar weeks after remittance is transmitted of its belief, with an adequate itemized record of deductions. IUOE shall pay any reasonable costs incurred by reason(s) stated therefore, that the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fees and IUOE agrees to indemnify, defend, and hold the State employer harmless for any such actionremittance is incorrect. C. Any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE within F. The ASSOCIATION shall provide at least thirty (30) calendar days written notice to the Human Resources Director of the amount of ASSOCIATION dues and/or service fees and/or initiation fee to be deducted from the wages of employees in accordance with this Article. Any changes in the amounts determined will also be provided to the Human Resources Director at least thirty (30) days prior to the expiration of this Agreement, with a copy its implementation. New checkoff authorization forms shall be submitted to the State Controller. Employees who withdraw from IUOE shall be subject to paying EMPLOYER in the event that an IUOE Fair Share fee as provided above. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by increase in the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership ASSOCIATION dues or Fair Share fees. E. Under no circumstances service fee is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant to Government Code section 3515.7(c), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed by the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board for receipt of charitable contributions by payroll deductionsmade. G. If an employee who holds conscientious objections pursuant The ASSOCIATION agrees to this item requests individual representation in a grievancedefend, arbitrationindemnify and save the EMPLOYER harmless against any and all claims, suits, or administrative hearing other forms of liability arising out of its deduction from IUOEan employee's pay of ASSOCIATION dues, IUOE may charge service fees and/or initiation fee, or in reliance upon any list, notice, certification or authorization furnished under this Article, including the employee termination of employment as provided under the Agency Shop provision. The ASSOCIATION assumes full responsibility for the reasonable costs disposition of such representationthe deductions so made once they have been sent to the ASSOCIATION. H. An employee who pays a Fair Share fee The ASSOCIATION shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faithexclusively use the checkoff authorization as herein provided herein. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE has certified it has Upon receiving the written voluntary authorization and assignment of an IUOE employee covered by this agreement, the Employer agrees to deduct membership of at least fifty percent dues (50%) and initiation fees where applicable), in such amounts as shall be fixed pursuant to the By-Laws and Constitution of the total number PBA during the full terms of full-time employees in Unit 13, IUOE is allowed this Agreement and any extension or renewal thereof. The Employer shall promptly remit monthly any and all amounts so deducted with a list of such deduction to collect a "Fair Share" fee from non-IUOE members who are employees in Bargaining Xxxx 00. Membership in IUOE or payment the Financial Secretary of the IUOE Fair Share fee is not a condition of State employmentPBA Local 320. B. Effective with If, during the beginning life of this agreement, there shall be any change in the first pay period following ratification rate of membership dues, PBA Local 320 shall furnish to the Employer written notice thirty (30) days prior to the effective date of such change. C. PBA Local 320 will provide the necessary "Check-off authorization" form and PBA Local 320 will secure the signatures of its members on the forms and deliver the signed forms to the Employer. D. Any employee in the bargaining unit on the effective date of this Agreement by the Legislature and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do does not elect to become members of IUOE. Such authorized dues deductions and Fair Share fees shall be remitted monthly to IUOE along with an adequate itemized record of deductions. IUOE shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fees and IUOE agrees to indemnify, defend, and hold the State employer harmless for any such action. C. Any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE join PBA Local 320 within thirty (30) calendar days prior to the expiration of this Agreement, with a copy to the State Controller. Employees who withdraw from IUOE shall be subject to paying an IUOE Fair Share fee as provided above. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership dues or Fair Share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant to Government Code section 3515.7(c)thereafter, any new employee who is does not join within thirty (30) days of initial employment within the unit, and any employee previously employed within the unit who does not join within ten (10) days of re-entry into employment within the unit shall pay a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed by the State Controller, to deduct and pay sums equal to the Fair Share representation fee to a non-religious, non-labor organization, charitable fund approved PBA Local 320 by the State Victims Compensation and Government Claims Board for receipt of charitable contributions by automatic payroll deductions. G. If an employee who holds conscientious objections pursuant to this item requests individual deduction. The representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled in an amount up to fair eighty-five (85%) percent of the regular PBA membership dues, fee and impartial assessments as certified to the Employer by the PBA, PBA Local 320 may revise its certification of the amount of the representation by IUOEfee at any time to reflect changes in PBA Local 320 membership dues, fees and assessments. A breach PBA Local 320's entitlement to the representation fee shall continue beyond the termination date of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to agreement so long as PBA Local 320 remains the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) representative of the permanent full-time employees in the unit; (b) , provided that no notification is made in this provision by a successor agreement between PBA Local 320 and the vote is Employer. E. The Employer also agrees to preclude all non-member employees from authorizing payroll deduction for any employee organization other than PBA Local 320. F. PBA Local 320 hereby certifies that it has established a demand and return system which provides pro rata returns and which otherwise meets the requirements of N.J.S.A. 34:13A- 5.5, et seq. G. PBA Local 320 will defend, indemnify and save the County and Employer harmless against any and all claims, demands, suits, or other forms of liability which may arise out of or by secret ballot; (c) reason of action taken by the vote may be taken at any time during County and Employer pursuant to the term provisions of this Agreement. If section of the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE CCPOA has certified that it has an IUOE membership a CCPOA mem- bership of at least fifty percent (50%) of the total number of full-time employees in Unit 13Xxxx 0, IUOE XXXXX is allowed to collect a "Fair Share" “fair share” fee from non-IUOE CCPOA members who are employees in Bargaining Xxxx 00Unit 6. Membership The fair share shall operate in IUOE or payment of the IUOE Fair Share fee is not a condition of State employment. B. Effective accordance with the beginning of the first pay period following ratification of this Agreement by the Legislature and the Union the following: A. The State employer agrees to deduct and transmit to IUOE CCPOA all deductions authorized on a form provided pro- vided by IUOE andCCPOA, and pursuant to Government Code section Section 3515.7, to deduct and transmit to IUOE CCPOA all Fair Share fair share fees from State employees in Unit 13 6 who do not elect to become members of IUOECCPOA. The State employer agrees to deduct and transmit all deductions and fair share fees during the life of this MOU and after the expiration of this MOU until: (1) a successor agreement is reached, or (2) implementation of the State’s last, best and final offer after negotiations, whichever comes first. The State shall deduct and transmit fair share fees effective with the first pay period following ratifi- cation of this MOU. Such authorized dues deductions deduc- tions and Fair Share fair share fees shall be remitted monthly to IUOE CCPOA along with an adequate itemized record of deductions. IUOE CCPOA shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages dam- ages for, improper use or calculation of Fair Share fair share fees and IUOE CCPOA agrees to indemnify, defend, and hold the State state employer harmless for any such action. C. B. Any employee may withdraw from IUOE CCPOA by sending send- ing a signed withdrawal letter to IUOE within thirty (30) calendar days prior to the expiration of this Agreement, CCPOA with a copy to the State Controller. Employees who withdraw with- draw from IUOE CCPOA shall be subject to paying an IUOE Fair Share a CCPOA fair share fee as provided above. D. C. The amount of membership dues and Fair Share fair share fees shall be set by IUOE CCPOA and changed by the State upon written notice from IUOECCPOA. IUOE CCPOA agrees to notice all affected employees any time there is a change in membership dues or Fair Share fair share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant D. CCPOA agrees to Government Code section 3515.7(c)indemnify, any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct defend and hold the State employer, via means prescribed by harmless against any claims made of any na- ture and against any suit instituted against the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board arising from its checkoff for receipt of charitable contributions by payroll CCPOA deductions. G. If an employee who holds conscientious objections pursuant to this item requests individual representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE CCPOA has certified that it has an IUOE a CCPOA membership of at least fifty percent (50%) of the total number of full-time employees in Unit 136, IUOE CCPOA is allowed to collect a "Fair Sharefair share" fee from non-IUOE CCPOA members who are employees in Bargaining Xxxx 00Unit 6. Membership The fair share shall operate in IUOE accordance with the following: A. The State employer agrees to deduct and transmit to CCPOA all deductions authorized on a form provided by CCPOA, and pursuant to Government Code Section 3515.7, to deduct and transmit to CCPOA all fair share fees from State employees in Unit 6 who do not elect to become members of CCPOA. The State employer agrees to deduct and transmit all deductions and fair share fees during the life of this MOU and after the expiration of this MOU until: (1) a successor agreement is reached, or payment (2) implementation of the IUOE Fair Share fee is not a condition State’s last, best and final offer after negotiations, or (3) three years from ratification of this MOU, whichever comes first. The State employment. B. Effective shall deduct and transmit fair share fees effective with the beginning of the first pay period following ratification of this Agreement by the Legislature and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOEMOU. Such authorized dues deductions and Fair Share fair share fees shall be remitted monthly to IUOE CCPOA along with an adequate itemized record of deductions. IUOE CCPOA shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fair share fees and IUOE CCPOA agrees to indemnify, defend, and hold the State state employer harmless for any such action. C. B. Any employee may withdraw from IUOE CCPOA by sending a signed withdrawal letter to IUOE within thirty (30) calendar days prior to the expiration of this Agreement, CCPOA with a copy to the State Controller. Employees who withdraw from IUOE CCPOA shall be subject to paying an IUOE Fair Share a CCPOA fair share fee as provided above. D. C. The amount of membership dues and Fair Share fair share fees shall be set by IUOE CCPOA and changed by the State upon written notice from IUOECCPOA. IUOE CCPOA agrees to notice all affected employees any time there is a change in membership dues or Fair Share fair share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant X. XXXXX agrees to Government Code section 3515.7(c)indemnify, any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct defend and hold the State employer, via means prescribed by harmless against any claims made of any nature and against any suit instituted against the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board arising from its checkoff for receipt of charitable contributions by payroll CCPOA deductions. G. If an employee who holds conscientious objections pursuant to this item requests individual representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE CCPOA has certified that it has an IUOE a CCPOA membership of at least fifty percent (50%) of the total number of full-time employees in Unit 13Xxxx 0, IUOE XXXXX is allowed to collect a "Fair Sharefair share" fee from non-IUOE CCPOA members who are employees in Bargaining Xxxx 00Unit 6. Membership The fair share shall operate in IUOE accordance with the following: A. The State employer agrees to deduct and transmit to CCPOA all deductions authorized on a form provided by CCPOA, and pursuant to Government Code Section 3515.7, to deduct and transmit to CCPOA all fair share fees from State employees in Unit 6 who do not elect to become members of CCPOA. The State employer agrees to deduct and transmit all deductions and fair share fees during the life of this MOU and after the expiration of this MOU until: (1) a successor agreement is reached, or payment (2) implementation of the IUOE Fair Share fee is not a condition State’s last, best and final offer after negotiations, or (3) three years from ratification of this MOU, whichever comes first. The State employment. B. Effective shall deduct and transmit fair share fees effective with the beginning of the first pay period following ratification of this Agreement by the Legislature and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOEMOU. Such authorized dues deductions and Fair Share fair share fees shall be remitted monthly to IUOE CCPOA along with an adequate itemized record of deductions. IUOE CCPOA shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fair share fees and IUOE CCPOA agrees to indemnify, defend, and hold the State state employer harmless for any such action. C. B. Any employee may withdraw from IUOE CCPOA by sending a signed withdrawal letter to IUOE within thirty (30) calendar days prior to the expiration of this Agreement, CCPOA with a copy to the State Controller. Employees who withdraw from IUOE CCPOA shall be subject to paying an IUOE Fair Share a CCPOA fair share fee as provided above. D. C. The amount of membership dues and Fair Share fair share fees shall be set by IUOE CCPOA and changed by the State upon written notice from IUOECCPOA. IUOE CCPOA agrees to notice all affected employees any time there is a change in membership dues or Fair Share fair share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant D. CCPOA agrees to Government Code section 3515.7(c)indemnify, any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct defend and hold the State employer, via means prescribed by harmless against any claims made of any nature and against any suit instituted against the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board arising from its checkoff for receipt of charitable contributions by payroll CCPOA deductions. G. If an employee who holds conscientious objections pursuant to this item requests individual representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE agrees to keep an adequate record of its financial transactions and shall make available annually, to the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. The EMPLOYER agrees to deduct from the salary of each individual employee in the bargaining unit who becomes a member, the UNION's dues, subject to all of the following conditions: A. Since IUOE has certified it has an IUOE The UNION shall obtain from each of its members a completed authorization form which shall conform to the respective state and federal law(s) concerning that subject, or any interpretation(s) thereof. The UNION shall furnish the forms. The EMPLOYER shall provide that form to the employee in the event a UNION representative is not able to attend the weekly orientation session. B. All checkoff authorization forms shall be filed with the EMPLOYER's Director of Human Resources, who may return any incomplete or incorrectly completed form to the UNION's treasurer, and no checkoff shall be made until such deficiency is corrected. Once the deficiency is corrected, the total amount due shall be deducted and forwarded to the UNION. C. All employees covered under this Agreement who do not voluntarily choose membership in the UNION shall have deducted from their wages a percentage of at least fifty the membership dues, which sum shall be less than one hundred percent (50100%) of said dues, upon receipt by the total number EMPLOYER of full-time employees in Unit 13a signed, IUOE is allowed written card, and which sum shall accurately represent the amount for said employee due the UNION as their fair share of costs attributable to collect a "Fair Share" fee from non-IUOE members who are employees in Bargaining Xxxx 00. Membership in IUOE or payment of negotiating the IUOE Fair Share fee is not a condition of State employment. B. Effective with the beginning of the first pay period following ratification terms of this Agreement and servicing the contract. D. The EMPLOYER shall only checkoff obligations which come due at the time of checkoff, and will make checkoff deductions only if the employee has enough pay due to cover such obligation. The EMPLOYER is not responsible for refund to the employee if he/she has duplicated a checkoff deduction by direct payment to the Legislature and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOE. Such authorized dues deductions and Fair Share fees UNION. E. The EMPLOYER's remittance shall be remitted monthly deemed correct if the UNION does not give written notice to IUOE along the Human Resources Director within two (2) calendar weeks after remittance is transmitted of its belief, with an adequate itemized record of deductions. IUOE shall pay any reasonable costs incurred by reason(s) stated therefor, that the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery of, or damages for, improper use or calculation of Fair Share fees and IUOE agrees to indemnify, defend, and hold the State employer harmless for any such actionremittance is incorrect. C. Any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE within F. The UNION shall provide at least thirty (30) calendar days written notice to the Human Resources Director of the amount of UNION dues and/or representation fees and/or initiation fee to be deducted from the wages of employees in accordance with this Article. Any changes in the amounts determined will also be provided to the Human Resources Director at least thirty (30) days prior to the expiration of this Agreement, with a copy to the State Controller. Employees who withdraw from IUOE shall be subject to paying an IUOE Fair Share fee as provided above. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership dues or Fair Share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered by this Agreement. F. Pursuant to Government Code section 3515.7(c), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed by the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board for receipt of charitable contributions by payroll deductionsits implementation. G. If an employee who holds conscientious objections pursuant The UNION agrees to this item requests individual representation in a grievancedefend, arbitrationindemnify and save the EMPLOYER harmless against any and all claims, suits, or administrative hearing other forms of liability arising out of its deduction from IUOEan employee's pay of UNION dues, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatoryfees and/or initiation fee, or in bad faith. I. IUOE agrees to keep an adequate record reliance upon any list, notice, certification or authorization furnished under this Article, including the termination of its financial transactions and shall make available annually, employment as provided under the Agency Shop provision. The UNION assumes full responsibility for the disposition of the deductions so made once they have been sent to the Public Employment Relations Board (PERB) and to employees in Unit 13, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling complianceUNION. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return of any part of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this Agreement. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.

Agency Shop. A. Since IUOE has certified it has 32.1 Agency shop as used in this herein means an IUOE organizational security agreement as defined in Government Code Section 3502.5. 32.2 Each employee hired on or after September 15, 2009 shall be required as a condition of employment, within forty-five (45) days of his or her appointment date, to become a member of the UNION and maintain his or her membership in accordance with the Constitution and bylaws, or pay an agency service fee set by UNION in an amount not to exceed the amount of at least fifty percent (50%the monthly dues and per capita fees required of BA members in their base wage rate, and in accordance with the requirements of Government Code Section 3502.5 and applicable law. The charitable organizations exempt from taxation under 501(c)(3) of the total number Internal Revenue Code to which an employee qualifying for an exemption on religious grounds may contribute in lieu of full-time employees agency service fees shall be the American Cancer Society, the American Heart Association, and the American Lung Association. 32.3 Any employee of Anaheim employed in Unit 13a classification listed in Appendix “A” on September 14, IUOE is allowed to collect a "Fair Share" fee from non-IUOE members 2009 who are employees in Bargaining Xxxx 00. Membership in IUOE or payment of the IUOE Fair Share fee is not a condition member of State employment. B. Effective with UNION is exempt from the beginning provisions of this ARTICLE, unless and until such employee later voluntarily becomes a member of the first UNION or elects to pay period following ratification the agency service fee. Any employee who would otherwise be exempt from the provisions of this Agreement by ARTICLE who voluntarily becomes a member of the Legislature UNION or elects to pay the agency service fee shall lose his or her exemption, and the Union the State employer agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE and, pursuant to Government Code section 3515.7, to deduct and transmit to IUOE all Fair Share fees from State employees in Unit 13 who do not elect to become members of IUOE. Such authorized dues deductions and Fair Share fees shall be remitted monthly to IUOE along with an adequate itemized record of deductions. IUOE shall pay any reasonable costs incurred by the State Controller. The State employer shall not be liable in any action brought by a State employee seeking recovery ofrequired, or damages for, improper use or calculation of Fair Share fees and IUOE agrees to indemnify, defend, and hold the State employer harmless for any such action. C. Any employee may withdraw from IUOE by sending a signed withdrawal letter to IUOE within thirty (30) calendar days prior to the expiration of this Agreement, with a copy to the State Controller. Employees who withdraw from IUOE shall be subject to paying an IUOE Fair Share fee as provided above. D. The amount of membership dues and Fair Share fees shall be set by IUOE and changed by the State upon written notice from IUOE. IUOE agrees to notice all affected employees any time there is a change in membership dues or Fair Share fees. E. Under no circumstances is membership in IUOE or payment of IUOE Fair Share fees a condition of State employment for employees covered employment, to maintain his or her UNION membership, or pay the agency service fee set by this AgreementUNION. F. Pursuant 32.4 UNION shall comply with applicable law regarding disclosure and allocation of its expenses, notice to Government Code section 3515.7(c)employees of their right to object, any employee who is a member provision for agency fee payers to challenge the UNION’s determinations of a religious body whose traditional tenets or teachings include objections the amounts chargeable and appropriate escrow provisions to joining or financially supporting employee organizations hold contested amounts while the challenges are underway. 32.5 ANAHEIM shall not be required to financially support IUOE. That employee, in lieu of a membership fee or a Fair Share fee deduction, shall instruct the State employer, via means prescribed by the State Controller, to deduct and pay sums equal to the Fair Share fee to a non-religious, non-labor organization, charitable fund approved by the State Victims Compensation and Government Claims Board for upon receipt of charitable contributions by notice from the UNION process a mandatory agency fee payroll deductionsdeduction in the appropriate amount and forward that amount to UNION. G. If an employee who holds conscientious objections pursuant to this item requests individual representation in a grievance, arbitration, or administrative hearing from IUOE, IUOE may charge the employee for the reasonable costs of such representation. H. An employee who pays a Fair Share fee shall be entitled to fair and impartial representation by IUOE. A breach of this duty shall be deemed to have occurred if IUOE's conduct in representation is arbitrary, discriminatory, or in bad faith. I. IUOE 32.6 UNION agrees to keep an adequate record of fully indemnify and defend ANAHEIM and its financial transactions officers, employees and shall make available annuallyagents against any and all claims, to the Public Employment Relations Board (PERB) proceedings and to employees in Unit 13liability arising, within ninety (90) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by the president and treasurer directly or comparable officers of IUOE. In the event of failure to comply with this section, any employee in Unit 13 or the State employer may petition the PERB for an order compelling compliance. J. IUOE agrees to notify any State employee who pays a Fair Share fee of his/her right to demand and receive from IUOE a return indirectly out of any part action taken or not taken by or on behalf of that fee paid by him/her which represents the employee's traditional pro rata share of expenditures by IUOE that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the employee's terms and conditions of employment, or applied toward the cost of any other benefits available only to members of IUOE. K. A Fair Share form of organizational security enacted pursuant to ANAHEIM under this Article may be rescinded by a majority of employees in Unit 13, provided that: (a) a request for such a vote is supported by a petition containing the signature of at least thirty percent (30%) of the permanent full-time employees in the unit; (b) the vote is by secret ballot; (c) the vote may be taken at any time during the term of this AgreementARTICLE. If the PERB determines that the appropriate number of signatures has been collected, it shall conduct the vote in a manner which it shall prescribe. L. No provision in this Article shall be subject to the grievance and arbitration procedure contained in this Agreement.\\\