2.1 Dues Deduction
The Union may have the regular dues of its members within the representation unit deducted from employees’ paychecks under procedures prescribed by the County Controller. Dues deduction shall be made only upon signed authorization from the employee upon a form furnished by the County, and shall continue: (1) until such authorization is revoked, in writing, by the employee; or (2) until the transfer of the employee 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 to which such employees are assigned.
2.2 Agency Shop
- The Union agrees that it has the duty to provide fair and non-discriminatory representation to all employees in all classes in the units for which this section is applicable regardless of whether they are members of the Union.
- All employees in the representation unit, except supervisors as defined in Section 2.2 C. below, shall as a condition of employment either:
- Become and remain a member of the Union.
- Pay to 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 shall be the sole responsibility of the Union to determine an agency fee which meets the above criteria.
- Do both of the following:
- Present to the Union and the Controller 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
- Pay a sum equal to the agency fee described above to one of the following three non-religious, non-labor, charitable funds that are exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code: San Mateo County Code 30 Foundation, Concerns of Police Survivors (COPS), or California Peace Officers Memorial Fund.
- For purposes of this section, employees in the classifications of Supervising Criminalist and Supervising Deputy Coroner shall not be subject to the provisions of this Section 2.2 Agency Shop, but shall continue to be covered by Section 2.1 Dues Deduction. If, during the term of the agreement, a new supervisory classification is added to the bargaining unit, the County and the Association shall meet to discuss whether the classification will be subject to the provisions of this Section 2.2 Agency Shop based on the County’s Employee Relations Rules.
- As a condition of employment, all new employees who are hired into non-supervisory classes covered by this MOU on or after the effective date of this Agency Shop provision as specified above, shall at the time of hire execute an authorization for the payroll deduction of one of the options specified in Paragraph B. 1, 2, and 3 above.
- If the form authorizing payroll deduction is not returned to the County Controller within 30 calendar days, the Controller shall so notify the Union, providing the employee’s name, address and classification. The Union may then, in writing with a copy to the employee, direct that the Controller withhold the Agency Fee from the employee’s salary and the Controller shall pay an equal amount to the Union.
- Within 10 working days of the date the Union directs that such Agency Fee be withheld, Union shall provide the County confirmation that the agency fee payor has been furnished a copy of the “Hudson Procedure”.
- Those non-supervisory employees who elect membership in the Union shall continue to pay Union dues for the duration of this and each subsequent MOU. For a period of 110 to 90 days prior to the expiration of this and any subsequent MOU, any employee who is a member of the Union shall have the right to withdraw from the Union by discontinuing dues deduction and selecting one of the options specified in Section B above. Said withdrawal shall be communicated by the employee during that period of time in writing to the County Controller to be delivered by certified mail and must be postmarked during the 110 to 90 day period.
- The Union shall provide the County a copy of its “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 J.1.b. and J.2.c. below, and annually thereafter, and as a condition to any percentage change in the agency fee.
- If, after all other involuntary and insurance premium deductions are made in any pay period, the balance is not sufficient to pay the Union dues, agency fee, or charity fee required by this Section, no such deduction shall be made for the current pay period.
- The provisions of Paragraph B. and D. shall not apply during periods that an employee is separated from the representation unit, but shall be reinstated upon the return of the employee to the representation unit. For the purpose of this Paragraph, the term separation includes transfer out of the representation unit, layoff, and leave of absence without pay.
- Annually, the Union shall provide the Director of Human Resources Department (HRD) with copies of the financial report which the Union annually files with the California Employee Relations Board, the United States Department of Labor (Form LM‑2), or the Union’s balance and operating statement for the prior year. Failure to file such a report within sixty days after the end of its fiscal year shall result in the termination of all agency fee deductions without jeopardy to any employee, until such report is filed.
- New Employee (Non-Supervisory)
- Any employees hired after the effective date of this Section 2.2 into a non-supervisory job class or position covered by this MOU shall be provided by the County with and shall execute an “Employee Authorization for Payroll Deduction” form selecting one of the following: 1) Union dues; 2) agency fee; or 3) if he/she qualifies, a fee equal to agency fee payable to one of three negotiated charities.
- Every other week, the County shall furnish the Union with copies of all such authorization documents. Within 10 work days of receipt, the Union shall furnish all agency fee payors with copies of the Union’s Hudson procedure and provide the County confirmation of mailing.
- Current Employees (Non-Supervisory)
- An employee in a representation unit that has been granted Agency Shop in accordance with Section B. above in a non-supervisory job class or position covered by this MOU shall be provided by the County with an “Employee Authorization for Payroll Deduction” form and a cover letter agreed to by the parties, via paycheck distribution.
- If the form authorizing payroll deduction is not returned to the County Controller within thirty calendar days after receipt of notice of the Agency Shop provision and the “Employee Authorization for Payroll Deduction,” the Controller shall so notify the Union, providing the employee’s name, address, class, and department. The Union may then, in writing, direct that the County withhold the agency fee from the employee’s salary, in which case the employee’s biweekly paycheck shall be reduced by an amount equal to the agency fee and the County shall pay an equal amount to the Union.
- Within ten working days of the date it issues such direction that agency fees be withheld, the Union shall provide to the County confirmation that it has furnished each agency fee payor with a copy of the Union’s “Hudson procedure.”
- The Union 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 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 attorney’s fees and costs.
- In the event that 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.
- The County shall hand out agreed upon Union materials along with the Agency Shop forms.
Association Time Bank
If the County and Deputy Sheriff’s Association (Sworn unit) agree to establish an Association Time Bank in the 2016 successor MOU between the parties, the agreement will extend to the LEU bargaining unit on a comparable basis per employee and proportionate to the smaller LEU bargaining unit.
2.3 Communications with Employees
The Union shall be allowed by County departments in which it represents employees use of available bulletin board space for communications having to do with 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 distribution channels if approved by the HRD Director. This privilege may be revoked in the event of abuse after the Director consults with Union representatives. Any Union representative shall give the Department Head or his/her representative at least twenty‑four hours advance notice when contacting department employees during the duty period of the employees, provided that solicitation for membership and other internal union 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 when made shall continue until revoked.
2.4 Use of County Buildings
County buildings and facilities may be made available for use by County employees or the Union or its representatives in accordance with such administrative procedures as may be established by the County Manager or department head concerned.
2.5 Advance Notice
Except in cases of emergency as provided below in this subsection, the Union, 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 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 practical 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.