Common use of PAYROLL DEDUCTIONS – UNION DUES Clause in Contracts

PAYROLL DEDUCTIONS – UNION DUES. 17-1 The City and IBEW 1245 have a negotiated agency shop agreement for all IBEW 1245 represented employees pursuant to Government Code Section 3502.5 as follows: A. As used in this MOU, "agency shop" means an arrangement that requires from and after the thirty-first (31st) day of employment an employee in the represented bargaining units, as a condition of continued employment, either to join IBEW 1245 as the recognized employee organization or to pay IBEW 1245 a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of IBEW 1245. B. An employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support IBEW 1245 as a condition of employment. The employee shall be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to a nonreligious, non-labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from the following list of three of these funds: (1) American Heart Association, (2) Boys and Girls Club of Lompoc, or (3) United Way. Proof of the payments shall be made by the employee to the City on a monthly basis as a condition of continued exemption from the requirement of financial support to IBEW 1245. C. IBEW 1245 shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City, and to the employees who are members of IBEW 1245, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its D. The City agrees to have agency shop dues deduction from each IBEW 1245 member's first and second paycheck of each month and remit to IBEW 1245 all such monies as are authorized in writing by the employees using dues deduction authorization forms provided by the City and the amounts to be deducted for Union dues shall be certified to the City by the appropriate Union official.‌ E. IBEW 1245 shall have a duty to defend and shall indemnify and hold harmless the City against any liability arising from a claim, demand, or other action relating to dues deduction, agency shop, or any provision or obligation set forth in this Article. 17-2 Job share and part-time permanent employees who work less than full-time, but more than 1040 hours during a fiscal year shall be required to pay to the Union a proportionate representative service fee to IBEW 1245 as stated above. For these employees proportionate share shall be allocated based on their hours worked as a proportionate share of a regular full-time employees hours worked. A job share employee working half time would pay one-half the cost of the representation service fee not to exceed the maximum representation fee amount. 17-3 Prior to an employee becoming obligated hereunder to pay any portion of a service fee, IBEW 1245 must have given sufficient financial information to potential objectors to allow them to gauge the propriety of IBEW 1245’s representation service fee. As used herein, potential objectors shall mean any unit employee who is subject to the representation service fee. This information shall be updated annually and made available in accordance with Government Section 3502.5(d). The financial information must be an adequate disclosure that would include major categories of expenses (for collective bargaining and contract administration for which the non-member can be charged) as well as verification by an independent auditor. The financial information must apply to the local expenditures as well as uses made by State and national affiliations to whom the local union transmits a portion of the funds. 17-4 The unit employee who is subject to the payment of a representation service fee hereunder shall have the right to object to any part of that fee payable by him or her which is claimed to represent the employees additional pro rata share of expenditures by the Union that is in aid to activities or causes of a partisan, 17-5 The potential objectors will then be in a position to object to specific expenditures. If the Union does not accommodate the service fee payer’s objection, the Union shall thereupon deposit the disputed share of the service fee in an interest-bearing escrow account that is under the control of a disinterested third party. The objector is thereupon constitutionally entitled to a reasonably prompt decision by an impartial decision-maker. The impartial decision maker will be jointly selected by the Union and the objecting employee. 17-6 The representation service fee arrangement provided by this Article may be rescinded by a secret ballot majority vote of all unit employees, provided that (1) one year has elapsed subsequent to the initial election approving the service fee;

PAYROLL DEDUCTIONS – UNION DUES. 17-1 17.1 The City and IBEW 1245 have a negotiated agency shop agreement for all IBEW 1245 represented employees pursuant to Government Code Section 3502.5 as follows: A. a. As used in this MOU, "agency shop" means an arrangement that requires from and after the thirty-first (31st) day of employment an employee in the represented bargaining units, as a condition of continued employment, either to join IBEW 1245 as the recognized employee organization or to pay IBEW 1245 a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of IBEW 1245. B. b. An employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support IBEW 1245 as a condition of employment. The employee shall be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to a nonreligious, non-labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from the following list of three of these funds:, (1) American Heart Association, (2) Boys and Girls Club of Lompoc, or (3) United Way. Proof of the payments shall be made by the employee to the City on a monthly basis as a condition of continued exemption from the requirement of financial support to IBEW 1245. C. c. IBEW 1245 shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City, and to the employees who are members of IBEW 1245, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by itsits president and treasurer or corresponding principal officer, or by a certified public accountant. An employee organization required to file financial reports under the federal Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. Sec. 401 et seq.) or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirement of this section by providing the City with a copy of the financial reports. D. d. The City agrees to have agency shop dues deduction from each IBEW 1245 member's first and second paycheck of each month and remit to IBEW 1245 all such monies as are authorized in writing by the employees using dues deduction authorization forms provided by the City and the amounts to be deducted for Union dues shall be certified to the City by the appropriate Union official.‌official. E. e. IBEW 1245 shall have a duty to defend and shall indemnify and hold harmless the City against any liability arising from a claim, demand, or other action relating to dues deduction, agency shop, or any provision or obligation set forth in this Article. 17-2 17.2 Job share and part-time permanent employees who work less than full-time, but more than 1040 hours during a fiscal year shall be required to pay to the Union a proportionate representative service fee to IBEW 1245 as stated above. For these employees proportionate share shall be allocated based on their hours worked as a proportionate share of a regular full-time employees hours worked. A job share employee working half time would pay one-half the cost of the representation service fee not to exceed the maximum representation fee amount. 17-3 17.3 Prior to an employee becoming obligated hereunder to pay any portion of a service fee, IBEW 1245 must have given sufficient financial information to potential objectors to allow them to gauge the propriety of IBEW 1245’s representation service fee. As used herein, potential objectors shall mean any unit employee who is subject to the representation service fee. This information shall be updated annually and made available in accordance with Government Section 3502.5(d). The financial information must be an adequate disclosure that would include major categories of expenses (for collective bargaining and contract administration for which the non-member can be charged) as well as verification by an independent auditor. The financial information must apply to the local expenditures as well as uses made by State and national affiliations to whom the local union transmits a portion of the funds.for 17-4 17.4 The unit employee who is subject to the payment of a representation service fee hereunder shall have the right to object to any part of that fee payable by him or her which is claimed to represent the employees additional pro rata share of expenditures by the Union that is in aid to activities or causes of a partisan,, political, or ideological nature, or that is applied towards the cost of benefits available only to members of the Union, or that is utilized for expenditures that are not necessarily or reasonably incurred for the purpose of performing the duties incident to meeting and conferring or administering the MOU. 17-5 17.5 The potential objectors will then be in a position to object to specific expenditures. If the Union does not accommodate the service fee payer’s objection, the Union shall thereupon deposit the disputed share of the service fee in an interest-bearing escrow account that is under the control of a disinterested third party. The objector is thereupon constitutionally entitled to a reasonably prompt decision by an impartial decision-maker. The impartial decision maker will be jointly selected by the Union and the objecting employee. 17-6 17.6 The representation service fee arrangement provided by this Article may be rescinded by a secret ballot majority vote of all unit employees, provided that (1) one year has elapsed subsequent to the initial election approving the service fee;

PAYROLL DEDUCTIONS – UNION DUES. 17-1 17.1 The City and IBEW 1245 have a negotiated agency shop agreement for all IBEW 1245 represented employees pursuant to Government Code Section 3502.5 as follows: A. a. As used in this MOU, "agency shop" means an arrangement that requires from and after the thirty-first (31st) day of employment an employee in the represented bargaining units, as a condition of continued employment, either to join IBEW 1245 as the recognized employee organization or to pay IBEW 1245 a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of IBEW 1245. B. b. An employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support IBEW 1245 as a condition of employment. The employee shall be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to a nonreligious, non-labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from the following list of three of these funds: (1) American Heart Association, (2) Boys and Girls Club of Lompoc, or (3) United Way. Proof of the payments shall be made by the employee to the City on a monthly basis as a condition of continued exemption from the requirement of financial support to IBEW 1245. C. c. IBEW 1245 shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City, and to the employees who are members of IBEW 1245, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by itsits president and treasurer or corresponding principal officer, or by a certified public accountant. An employee organization required to file financial reports under the federal Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. Sec. 401 et seq.) or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirement of this section by providing the City with a copy of the financial reports. D. d. The City agrees to have agency shop dues deduction from each IBEW 1245 member's first and second paycheck of each month and remit to IBEW 1245 all such monies as are authorized in writing by the employees using dues deduction authorization forms provided by the City and the amounts to be deducted for Union dues shall be certified to the City by the appropriate Union official.‌official. E. e. IBEW 1245 shall have a duty to defend and shall indemnify and hold harmless the City against any liability arising from a claim, demand, or other action relating to dues deduction, agency shop, or any provision or obligation set forth in this Article.other 17-2 17.2 Job share and part-time permanent employees who work less than full-time, but more than 1040 hours during a fiscal year shall be required to pay to the Union a proportionate representative service fee to IBEW 1245 as stated above. For these employees proportionate share shall be allocated based on their hours worked as a proportionate share of a regular full-time employees hours worked. A job share employee working half time would pay one-half the cost of the representation service fee not to exceed the maximum representation fee amount. 17-3 17.3 Prior to an employee becoming obligated hereunder to pay any portion of a service fee, IBEW 1245 must have given sufficient financial information to potential objectors to allow them to gauge the propriety of IBEW 1245’s representation service fee. As used herein, potential objectors shall mean any unit employee who is subject to the representation service fee. This information shall be updated annually and made available in accordance with Government Section 3502.5(d). The financial information must be an adequate disclosure that would include major categories of expenses (for collective bargaining and contract administration for which the non-member can be charged) as well as verification by an independent auditor. The financial information must apply to the local expenditures as well as uses made by State and national affiliations to whom the local union transmits a portion of the funds. 17-4 17.4 The unit employee who is subject to the payment of a representation service fee hereunder shall have the right to object to any part of that fee payable by him or her which is claimed to represent the employees additional pro rata share of expenditures by the Union that is in aid to activities or causes of a partisan,, political, or ideological nature, or that is applied towards the cost of benefits available only to members of the Union, or that is utilized for expenditures that are not necessarily or reasonably incurred for the purpose of performing the duties incident to meeting and conferring or administering the MOU. 17-5 17.5 The potential objectors will then be in a position to object to specific expenditures. If the Union does not accommodate the service fee payer’s objection, the Union shall thereupon deposit the disputed share of the service fee in an interest-bearing escrow account that is under the control of a disinterested third party. The objector is thereupon constitutionally entitled to a reasonably prompt decision by an impartial decision-maker. The impartial decision maker will be jointly selected by the Union and the objecting employee. 17-6 17.6 The representation service fee arrangement provided by this Article may be rescinded by a secret ballot majority vote of all unit employees, provided that (1) one year has elapsed subsequent to the initial election approving the service fee;; (2) a request for such vote is supported by a petition containing the signatures of at least 17.7 The City will include a notice in full-time regular status job announcements that the identified classification is union represented and following completion of their thirtieth (30th) day of employment employees must pay either union dues or a union service representation fee.

PAYROLL DEDUCTIONS – UNION DUES. 17-1 The City and IBEW 1245 have a negotiated agency shop agreement for all IBEW 1245 represented employees pursuant to Government Code Section 3502.5 as follows: A. As used in this MOU, "agency shop" means an arrangement that requires from and after the thirty-first (31st) day of employment an employee in the represented bargaining units, as a condition of continued employment, either to join IBEW 1245 as the recognized employee organization or to pay IBEW 1245 a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of IBEW 1245. B. An employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support IBEW 1245 as a condition of employment. The employee shall be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to a nonreligious, non-labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from the following list of three of these funds: : (1) American Heart Association, (2) Boys and Girls Club of Lompoc, or (3) United Way. Proof of the payments shall be made by the employee to the City on a monthly basis as a condition of continued exemption from the requirement of financial support to IBEW 1245. C. IBEW 1245 shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City, and to the employees who are members of IBEW 1245, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by itsits president and treasurer or corresponding principal officer, or by a certified public accountant. An employee organization required to file financial reports under the federal Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. Sec. 401 et seq.) or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirement of this section by providing the City with a copy of the financial reports. D. The City agrees to have agency shop dues deduction from each IBEW 1245 member's first and second paycheck of each month and remit to IBEW 1245 all such monies as are authorized in writing by the employees using dues deduction authorization forms provided by the City and the amounts to be deducted for Union dues shall be certified to the City by the appropriate Union official.‌ E. IBEW 1245 shall have a duty to defend and shall indemnify and hold harmless the City against any liability arising from a claim, demand, or other action relating to dues deduction, agency shop, or any provision or obligation set forth in this Article. 17-2 Job share and part-time permanent employees who work less than full-time, but more than 1040 hours during a fiscal year shall be required to pay to the Union a proportionate representative service fee to IBEW 1245 as stated above. For these employees proportionate share shall be allocated based on their hours worked as a proportionate share of a regular full-time employees hours worked. A job share employee working half time would pay one-half the cost of the representation service fee not to exceed the maximum representation fee amount. 17-3 Prior to an employee becoming obligated hereunder to pay any portion of a service fee, IBEW 1245 must have given sufficient financial information to potential objectors to allow them to gauge the propriety of IBEW 1245’s representation service fee. As used herein, potential objectors shall mean any unit employee who is subject to the representation service fee. This information shall be updated annually and made available in accordance with Government Section 3502.5(d). The financial information must be an adequate disclosure that would include major categories of expenses (for collective bargaining and contract administration for which the non-member can be charged) as well as verification by an independent auditor. The financial information must apply to the local expenditures as well as uses made by State and national affiliations to whom the local union transmits a portion of the funds. 17-4 The unit employee who is subject to the payment of a representation service fee hereunder shall have the right to object to any part of that fee payable by him or her which is claimed to represent the employees additional pro rata share of expenditures by the Union that is in aid to activities or causes of a partisan, 17-5 The potential objectors will then be in a position to object to specific expenditures. If the Union does not accommodate the service fee payer’s objection, the Union shall thereupon deposit the disputed share of the service fee in an interest-bearing escrow account that is under the control of a disinterested third party. The objector is thereupon constitutionally entitled to a reasonably prompt decision by an impartial decision-maker. The impartial decision maker will be jointly selected by the Union and the objecting employee. 17-6 The representation service fee arrangement provided by this Article may be rescinded by a secret ballot majority vote of all unit employees, provided that (1) one year has elapsed subsequent to the initial election approving the service fee;