CNA MOU Section 2: Association Security

    • 2.1.  Dues Deduction

    The Association may have the regular dues of its members within the Unit deducted from employees’ paychecks under procedures prescribed by the County Controller for such deductions.  Dues deduction shall be made only upon signed authorization from the nurse on a form furnished by the County, and shall continue (1) until such authorization is revoked in writing by the nurse; or (2) until the transfer of the nurse to a unit represented by another employee organization.  Nurses may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which such employees are assigned.

    • 2.2.   Voluntary Political Education and Action Fund
  • The Employer agrees to administer a voluntary check-off of employee contributions to the Union’s political education and action fund. The program shall include the following provisions:
      1. Contributions to the political education and action fund are voluntary for employees.
      2. The Union is responsible for obtaining check-off authorization from each employee who wishes to have a voluntary payroll deduction.
      3. The Union will reimburse the employer for the costs of administering the payroll deduction.
      • 2.3  Agency Shop
    •  The Association agrees it has a duty to provide fair and nondiscriminatory representation to all nurses in all classes in the units for which this section is applicable regardless of whether they are members of the Association.
    • All nurses employed in the representation unit shall as a condition of employment either:
                • Become and remain a member of the Association; or
                • Pay to the Association, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law (e.g., Hudson v. Chicago Teachers Association, Local No. 1, AFL-CLO), which shall be less than the monthly dues made during the duration of this MOU, it being understood that it shall be the sole responsibility of the Association to determine an agency shop fee which meets the above criteria; or
                •  Do both of the following:a) Execute a written declaration that the nurse 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; andb) Pay a sum equal to the agency fee described above to one of the following non-religious, non-labor, charitable funds exempt from taxation under Section 501(c) (3) of the Internal Revenue Code.
                •  i.   San Mateo County Health Foundation
                  ii.  Community Overcoming Relationship Abuse (CORA)
                  iii.  National Alliance on Mental Illness (NAMI)
      • As a condition of employment, all new nurses 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.
      •  Those nurses who elect membership in the Association shall continue to pay Association dues for the duration of this and each MOU thereafter.  For a period of ninety (90) to seventy (70) days prior to the expiration of this and any subsequent MOU, any nurse who is a member of the Association shall have the right to withdraw from the Association by discontinuing dues deduction and selecting one of the options specified in Section B above.  Said withdrawal shall be communicated by the nurse during that period of time in writing to the County Controller to be delivered by certified mail and must be postmarked during the ninety (90) to seventy (70) day period. Nurses who are subsequently employed in a position outside of the units represented by the Association shall not be required to continue dues deduction.
      • The Association shall provide the County with sufficient copies of the Association’s “Hudson Procedure” for the determination and protest of its agency shop fees so that the County can provide a copy to every nurse hired into a class represented by the Association.  The Association shall provide a copy of said “Hudson 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 Association’s Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the nurse of their right to contest the amount of the agency shop fee.
      • 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 Association dues, agency fee, or charity fee required by this Section, no such deduction shall be made for the current pay period.
      • The provisions of B and C above shall not apply during periods that a nurse is separated from the representation unit but shall be reinstated upon the return of the nurse to the Unit. The term separation includes transfer out of the unit, layoff, and leave of absence of more than thirty (30) days.
      • Annually, the Association shall provide Employee Relations with copies of the financial report the Association annually files with the California Public Employee Relations Board or the U. S. Department of Labor (Form LM‑2).  Such report shall be available to employees in the unit.  Failure to file such a report within sixty (60) days after the end of its fiscal year shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed.
    • Compliance
      1.  A nurse employed in a representation unit that has been granted Agency Shop in accordance with Section C above and all nurses hired into a job class covered by this MOU shall be provided with an “Employee Authorization for Payroll Deduction” card by CNA.
      2. If any currently employed nurse fails to authorize one of the above deductions within thirty (30) calendar days of hire into a classification covered by this MOU, the County shall involuntarily deduct the agency fee from the nurse’s paycheck. The Controller shall determine the timing of such automatic deductions.
  • The Association shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this association 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.
  • Should nurses in a bargaining unit represented by CNA vote to rescind Agency Shop the provisions of 2.2 shall apply to dues-paying members.
  • 2.4 Communications with Employees

Use of space on available bulletin boards shall be provided in each facility for the purpose of posting notices of official CNA business.  If a bulletin board is not available in a work location, this may be discussed in a labor-management meeting, and a board will be posted if mutually agreed upon by the County and the Union.  Prior to posting, all material must be authorized by the department head or designated representative and the CNA representative.  All notices will be posted by CNA’s designated representative, and such material must bear the signature of a registered CNA official or be printed on official CNA letterhead.  Material which may be posted on the bulletin board is restricted to the following matters:

(1)        Association meetings

(2)        Association committee reports

(3)        Association appointments

(4)        Association elections and results

(5)        Association bylaws or extracts from official CNA publications

CNA may distribute materials to represented nurses through County mail distribution channels if approved by Employee Relations.  This privilege may be revoked in the event of abuse after Employee Relations consults with representatives of CNA.

Authorized CNA representatives may be granted access to all hospital and health facilities in which nurses covered by this MOU are employed for the purpose of observing working conditions. This right shall be exercised reasonably.  CNA representatives desiring such access shall obtain permission from the department head or his/her representative before entering any working areas of the facility and shall inform said management representative of the purpose of the visit.  CNA representatives granted access to facilities shall not interfere with the normal conduct of work nor shall they order any changes in any aspect of the operation.  Within 30 days of the effective date of this MOU, CNA shall provide the department head with a written list of all authorized CNA representatives, which list shall be kept current by CNA.  Only authorized representatives on the most current listing may be authorized access to work locations as provided herein.

 

      • Use of County Buildings

County buildings and other facilities shall be made available for use by County employees or CNA or its representatives in accordance with such administrative procedures established by the County Manager or department head concerned.

 

      • Advance Notice

Except in cases of emergency as provided below CNA, if affected, shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the County and shall be given the opportunity to meet with 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 practical date thereafter CNA shall be provided with the notice described in the preceding paragraph and be given an opportunity to meet with the appropriate management representatives.