Appeal of Fair Share Computation. Should any employee who is required involuntarily to pay the monthly Fair Share fee dispute the amount withheld pursuant to this Article, then that employee may file a written complaint with the Union to that effect, listing the reasons for the dispute. Said complaint may be filed solely on the basis that the Fair Share fee payment amount includes expenses not permitted under Section 5 above. The employee shall provide a copy of the complaint to the City's Human Resources Director. When a complaint is filed with the Union, the Union shall consider said complaint in accordance with procedures established by it and shall, within two (2) months following the date of the complaint, determine whether the required Fair Share fee payment amount includes any expenses not permitted by Section 5 above. If the Union determines that the Fair Share fee payment amount includes unpermitted expenses, then it shall adjust the monthly Fair Share fee rate so as to exclude the unpermitted expenses. Pursuant to and in accordance with Section 3 above, the Union shall notify the City of any such change in the regular monthly Fair Share fee rate, in which case this revised Fair Share fee rate shall become the amount withheld each month. If the employee is not satisfied with the decision of the Union, then that employee may within one
Appeal of Fair Share Computation. Should any employee who is paying the monthly Fair Share fee dispute the amount withheld pursuant to this Article, then that employee may file a written complaint with the Union to that effect, listing the reasons for the dispute. Said complaint may be filed solely on the basis that the Fair Share fee payment amount includes expenses not permitted under Section 6 above. The employee shall provide a copy of the complaint to the City's Human Resources Director. When a complaint is filed with the Union, the Union shall consider said complaint in accordance with procedures established by it and shall, within two (2) months following the date of the complaint, determine whether the required Fair Share fee payment amount includes any expenses not permitted by Section 6 above. If the Union determines that the Fair Share fee payment amount includes unpermitted expenses, then it shall adjust the monthly Fair Share fee rate so as to exclude the unpermitted expenses. Pursuant to and in accordance with Section 4 above, the Union shall notify the City of any such change in the regular monthly Fair Share fee rate, in which case this revised Fair Share fee rate shall become the amount withheld each month. If the employee is not satisfied with the decision of the Union, then that employee may within one (1) month following the issuance of the decision by the Union notify the Human Resources Director and the Union that he or she wishes the complaint submitted to and determined by binding arbitration. The Human Resources Director shall then request either the American Arbitration Association or the Federal Mediation and Conciliation Service to provide the Union and the employee with a list of seven (7) qualified arbitrators. The Union and the employee shall then select the arbitrator by the "striking" process, with the employee having the right to "strike" the first name from the list. The arbitrator so selected shall determine, after a hearing during which both the Union and the employee shall be entitled to present all relevant information concerning whether the Fair Share fee payment amount includes expenses not permitted under Section 6 above, he or she shall determine a new monthly Fair Share rate which excludes these unpermitted expenses. This revised Fair Share rate shall become the amount withheld each month. The cost of such arbitration shall be borne equally by the employee and the Union. From the date the Union receives notice of the complaint of the employee ref...
