FAIR SHARE FEE EXPLANATION AND NOTICE OF RIGHT TO CHALLENGE Sample Clauses

FAIR SHARE FEE EXPLANATION AND NOTICE OF RIGHT TO CHALLENGE. Within sixty (60) days after the effective date of this Agreement and annually thereafter, within sixty (60) calendar days after the end of its fiscal year, the Union shall post in major locations where notices to employees are customarily placed and mail to the County and to all service fee payors a “Fair Share Fee Explanation and Notice of Right to Challenge." Such notice shall also be given to all new employees hired into the unit prior to the solicitation or collection of any membership dues or fair share fees. Such notice shall include: a. An independent accounting prepared and signed by an auditor from a certified public accounting firm with the overall purpose of providing an itemization of the expenditures of the Union in detail necessary for an employee to be able to reasonably determine what portion of regular membership dues would be allocable to the cost of negotiation and Agreement administration as defined in Section 2.7 above. (1) The accounting will utilize data from the prior fiscal year and shall include the following information: (a) A breakdown of the Union's actual revenue by source. (b) A breakdown of each major category within the Union's budget and indicating the actual expenditures within each category including the portion of each category allocable to the costs of negotiation and Agreement administration as defined in Section 2.7. (c) Where Union expenditures are for employee compensation, the auditor shall determine what portion of the employee's salary is clearly allocated to the actual negotiation and Agreement administration as defined in Section 2.7. (d) The auditor shall prepare a statement itemizing which of the Union expenditures are clearly allocated to negotiation and Agreement administration as defined in Section 2.7 and which expenditures are not so allocated. (e) The auditor shall then calculate the proportion of dues which are clearly allocable to negotiation and Agreement administration as defined in Section 2.7, expressed as a percentage of regular membership dues. (2) To enable the auditor to prepare the accounting, the Union shall provide the auditor access to all records reasonably necessary for such preparation including a record of the employee's activities in sufficient detail to enable the auditor to make the necessary determination in Subsection a.(1) above. In the event that payments are made to any other organization, the auditor shall be provided access to such organization's records when reasonably nec...
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FAIR SHARE FEE EXPLANATION AND NOTICE OF RIGHT TO CHALLENGE. Upon the effective date of the agency shop as provided in Section 2.17-a. of the Agreement and annually thereafter, within sixty (60) calendar days after the end of its fiscal year, UPE shall post in locations where notices to employees are customarily placed and mail to the County and to all employees a "Fair Share Fee Explanation and Notice of Right to Challenge." Such notice shall also be given to all new employees hired into the unit prior to the solicitation or collection of any membership dues or fair share fees. Such notice shall include: a. An accounting prepared and signed by an auditor from a certified public accounting firm with the overall purpose of providing an itemization of the expenditures of UPE in detail necessary for an employee to be able to reasonably determine what portion of regular membership dues would be allocable to the cost of negotiation and contract administration as defined in Section 2.7 above. b. The amount of the fair share service fee: Such fee shall not exceed the proportion of dues calculated in Section 2.5-b. above. c. The procedure on how non-members may file a challenge with UPE to the amount of the fair share fee. Such procedure shall include an escrow account for the monies reasonably in dispute and a final step of arbitration with a neutral arbitrator. UPE shall provide the County with copies of all challenges and arbitration decisions.
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FAIR SHARE FEE EXPLANATION AND NOTICE OF RIGHT TO CHALLENGE. Annually, within 120 calendar days after the end of its fiscal year, UAPD shall post in locations where notices to employees are customarily placed and mail to the County and to all employees a "Fair Share Fee Explanation and Notice of Right to Challenge." Such notice shall also be given to all new employees hired into the unit prior to the solicitation or collection of any membership dues or fair share fees. Such notice shall include: (1) An accounting prepared and signed by an auditor from a certified public accounting firm with the overall purpose of providing an itemization of the expenditures of the UAPD in detail necessary for an employee to be able to reasonably determine what portion of regular membership dues would be allocable to the cost of negotiation and contract administration as defined in Subsection c. above. (2) The amount of the fair share service fee: such fee shall not exceed the proportion of dues calculated in Subsection c.(1) above. (3) The procedure on how non-members may file a challenge with the UAPD to the amount of the fair share fee: such procedure shall include an escrow account for the monies reasonably in dispute and a final step of arbitration with a neutral arbitrator. The UAPD shall provide the County with copies of all challenges and arbitration decisions.
Sample 1
FAIR SHARE FEE EXPLANATION AND NOTICE OF RIGHT TO CHALLENGE. Upon the effective date of the agency shop as provided in Section 5.14 of the Agreement and annually thereafter, or within sixty (60) calendar days after the Union’s filing of its annual LM-2 report pursuant to federal law, the Union shall mail to the County and to all fair share fee payers a “Fair Share Fee Explanation and Notice of Right to Challenge”. Such notice shall also be given to all new regular and limited-term employees hired into the unit prior to the solicitation or collection of any membership dues or fair share fees. Such notice shall also be sent to all regular and limited-term employees who are not Union members on the initial effective date of this agency shop provision. Such notice shall include: a. An itemization prepared and signed by an auditor who is a certified public accountant with the overall purpose of listing the expenditures of the Union in detail necessary for an employee to be able to reasonably determine what portion of regular membership dues would be allocable to the cost of negotiation and contract administration as defined in Section 5.4. b. The amount of the fair share service fee: Such fee shall not exceed the proportion of dues calculated in Section 5.2-b. c. The procedure on how non-members may file a challenge with the Union to the amount of the fair share fee. Such procedure shall include an escrow account for the monies reasonably in dispute and a final step of arbitration with a neutral arbitrator. The Union shall provide the County with copies of all challenges and arbitration decisions.
Sample 1
FAIR SHARE FEE EXPLANATION AND NOTICE OF RIGHT TO CHALLENGE. Within sixty (60) days after the effective date of this Agreement and annually thereafter, within sixty (60) calendar days after the end of its fiscal year, the Association shall post in locations where notices to employees are customarily placed and mail to the County and to all employees a "Fair Share Fee Explanation and Notice of Right to Challenge." Such notice shall also be given to all new employees hired into the unit prior to the solicitation or collection of any membership dues or fair share fees. Such notice shall include: a. An accounting prepared and signed by an auditor from a certified public accounting firm with the overall purpose of providing an itemization of the expenditures of the Association in detail necessary for an employee to be able to reasonably determine what portion of regular membership dues would be allocable to the cost of negotiation and contract administration as defined in Section 2.6 above. (1) The accounting will utilize data from the prior fiscal year and shall include the following information: (a) A breakdown of the Association's actual revenue by source. (b) A breakdown of each major category within the Association's budget and indicating the actual expenditures within each category including the portion of each category allocable to the costs of negotiation and contract administration as defined in Section 2.6. (2) The petition shall be signed by the challenger or the challenger's agent under penalty of perjury and must state with specificity the particular expenditures or procedures being challenged. The petition must include the name, address, and social security number of the challenger. (3) During the pendency of the challenge, the amount of the fair share fee reasonably in dispute shall be placed in an escrow account established by the Association. (4) The dispute described in the challenge petition shall be heard by the Association within thirty (30) calendar days after filing. If the written response of the Association is not satisfactory to the employee, such employee shall have the right to refer the matter to binding arbitration in accordance with procedures established by the Association. (5) The arbitrator shall be selected in accordance with the procedures of the American Arbitration Association. (6) The costs of the arbitration shall be borne by the Association.
Sample 1
FAIR SHARE FEE EXPLANATION AND NOTICE OF RIGHT TO CHALLENGE. Within sixty (60) calendar days after the end of its fiscal year, UPEC shall mail to the County and to each employee within the bargaining unit a "Fair Share Fee Explanation and Notice of Right to Challenge." Such notice shall also be given to all new employees hired into the unit prior to the solicitation or collection of any membership dues or fair share fees. Such notice shall include: a. An accounting prepared and signed by an auditor, who is a certified public accountant for the overall purpose of providing an itemization of the expenditures of UPEC in detail necessary for an employee to be able to reasonably determine what portion of regular membership dues would be allocable to the cost of negotiation and contract administration as defined in Section 2.9 above. b. The amount of the fair share service fee shall not exceed the proportion of dues calculated in Section 2.9 above. c. Instructions on filing a challenge to the amount of the fair share service fee with UPEC: (1) Non-members who wish to challenge collection of the fair share fee because the amount identified contains expenditures for activities not within the definition of Section 2.9, or because the procedures set forth herein have not been complied with; must file "Fair Share Fee Challenge Petition" with UPEC and a copy to the County. (2) The petition shall be signed by the challenger or the challenger's agent under penalty of perjury and must state with specificity the particular expenditures or procedures being challenged. The petition must include the name, address, and social security number of the challenger. Such petition must be submitted no later than thirty (30) days after the postmark of the Fair Share Fee Explanation and Notice of Right to Challenge for such petition to be valid. (3) During the pendency of the challenge, the amount of the fair share fee reasonably in dispute shall be placed in an escrow account established by UPEC. (4) The dispute described in the challenge petition shall be heard by UPEC within thirty (30) calendar days after the closing of the challenge period referenced in this section. If the written response of UPEC is not satisfactory to the employee, such employee shall have the right to refer the matter to binding arbitration in accordance with procedures established by UPEC. (5) The arbitrator shall be selected in accordance with the procedures of the American Arbitration Association. (6) The costs of the arbitration shall be borne by UPEC. (7) At UPEC'...
Sample 1

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