BCTC MOU Section 2: Union Security

2.1          Dues Deduction

The Union may have members’ dues deducted from employees’ pay checks under procedures prescribed by the County Controller. Dues deduction shall be made only upon the employee’s signed authorization on a form furnished by the County, and shall continue until: (1) the employee revokes such authorization in writing; or (2) the employee transfers to a unit represented by another employee organization. Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the unit.

Should employees in a bargaining unit represented by the Union vote to rescind Agency Shop, the provisions of Section 2.1 shall apply to dues-paying members of the Union. MOVED FROM BELOW

2.2          Maintenance of Membership

All employees who are members of the Union and who become members of the Union during the term of the MOU shall continue to pay dues for the duration of this and each subsequent MOU. For a period of one hundred and ten (110) to ninety days (90) prior to the expiration of this and any subsequent MOU, employees who are members shall have the right to withdraw from the Union by discontinuing dues deduction. Said withdrawal shall be communicated during that period of time in writing to the Controller by certified mail and must be postmarked during the one hundred and ten to ninety day period. An employee who is subsequently employed in a position outside of the unit shall not be required to continue dues deduction. The Union shall hold the County of San Mateo and its officers and employees, including but not limited to the Controller, harmless for following the instructions contained in such dues deduction authorizations. The County shall deliver revocations of membership to the Union on a biweekly basis and include verification that receipt was by registered mail.

2.3          Agency Shop

  1. The Union agrees that it has a duty to provide fair and nondiscriminatory representation to all employees in all classes in the unit for which this section is applicable regardless of whether they are members of the Union.
  2. All employees in the unit shall as a condition of employment either:
  3. Become and remain a member of the Union; or
  4. Pay the Union an agency fee which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law (e.g., Hudson v. Chicago Teachers Union), which shall be less than the monthly dues made during the duration of this MOU, it being understood that it is the sole responsibil­ity of the Union to determine an agency fee which meets these criteria; or
  5. Do both of the following:
  6.        Execute a written declaration that the employee is a member of a bona fide 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
  7. Pay a sum equal to the agency shop fee described above to one of the negotiated non-religious, non-labor, charitable funds that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.

Negotiated charitable funds are:

  1. San Mateo County Health Center Foundation
  2. San Mateo County Mental Health Association’s Spring
  3. Street Shelter for the Homeless Mentall Ill
  4. San Mateo County Service League               D.         If, after all other involuntary and insurance premium deductions are made in any pay period, the balance is not sufficient to pay the deduction of Union dues, agency fee, or charity fee required by this Section, no such deduction shall be made for the current pay period.               F.         Annually, the Union shall provide Employee Relations with copies of the financial report filed with the California Public Employee Relations Board or the United States Depart­ment of Labor (Form LM-2), to be made available to unit employees. Failure to file the report within sixty (60) days after the end of its fiscal year shall result in the termination of all agency fee deductions without jeopardy to any employee, until said report is filed.                           1.       The Union shall provide all employees hired into positions covered by this MOU an “Employee Authorization for Payroll Deduction” card.               H.         The Union shall indemnify, defend, and hold the County harmless against any and all claims, demands, suits, orders, judgments, damages related to dues deduction and union security, or other forms of liability that arise out of or by reason of this union security section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County’s attorneys’ fees and costs.
  5.                            2.       If the form authorizing payroll deduction is not returned to the County Controller within thirty (30) calendar days after notice of this agency shop fee provision and the Union’s “Hudson Procedure,” and the Union dues, agency shop fee, or charitable contribution required under Section B are not received, and the employee has not timely invoked the Union’s “Hudson Procedure,” or if invoked, the employee’s “Hudson Procedure” rights have been exhausted, the County will automatically make deductions for the established agency shop fee.
  6.                G.         Compliance
  7.                E.         The provisions of Section B shall not apply during periods when employees separate from the bargaining unit, but shall be reinstated upon their return to the unit. The term separation includes transfer out of the unit, layoff, and leave of absence of more than twenty-eight (28) days.
  8.                C.         The Union shall provide the County with a copy of the Union’s “Hudson procedure” for the determination and protest of its agency fees. The Union shall provide a copy of said “Hudson procedure” to every agency fee payor covered by this MOU as provided in Sections G below, and annually thereafter, and as a condition to any percentage change in the agency fee.

 

2.4          Communications with Employees

The Union shall be allowed, by departments in which it represents employees, to use available bulletin board space for communications involving official Union business, such as times and places of meetings, provided such use does not interfere with department needs. The Union may distribute materials to unit employees through County mail channels if approved by Employee Relations. This privilege may be revoked if abused, after Employee Relations consults with Union representatives. Union repre­sentatives shall give notice to the department head or his/her designated representative at least twenty‑four (24) hours in advance of contacting departmental employees during an employee’s duty period, provided that solicitation for membership or other internal employee organiza­tion business shall be conducted only during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made by agree­ment between the Union and the Department Head, and, once made, shall continue until revoked.

2.5          Use of County Buildings

County buildings and other facilities may be made available to County employees, or the Union or its representatives, in accordance with such adminis­trative procedures as may be established by the County Manager or department heads.

2.6          Advance Notice

Except in cases of emergency as provided below, the Union, if affected, shall be given reasonable, advance, written notice of any new or change to an existing ordinance, resolution, rule or regulation within the scope of representation proposed to be adopted by the County, and shall, upon request, be given the opportunity to meet with the appropriate management representatives prior to adoption.

In cases of emergency when the foregoing procedure is not practical or in the best public interest, the County may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter the Union shall be provided with the notice described in the preceding para­graph and be given an opportunity to meet with the appropriate management representatives.

2.7          New Employee Notification

The County shall notify any person hired into classifications represented by the Union that the Union is their recognized employee organization, and shall present them with a copy of the current MOU and approved information packet supplied by the Union. The County will provide the new employee orientation list to the Union each month including each employee’s name, class, and organization number. The Union shall be allowed twenty (20) minutes at the end of each new employee orientation session to speak with workers represented by the Union. One steward may be granted release time for this purpose.

2.8          Employee Roster

The County shall supply the Union, at no cost, a monthly report of the names and classes of all employees represented by the Union, indicating whether Union dues are being with­held from their pay checks as of the date the roster was prepared, whether names were added to or deleted from the previous lists, and whether each such change in status was due to leave of absence, termination or withdrawal from the Union. Social Security numbers will be provided for Union members only.

2.9          The County shall notify the Union of employees who are on leave of absence status in excess of twenty-eight (28) days.