UAPD Section 2: Union Security

2.1       Dues Deduction

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

The County Controller will accept dues deduction authorization forms from unit members in the representation unit covered by the Memorandum of Understanding.

The Union shall hold the County of San Mateo and its officers and employees, including but not limited to the County 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.

The Controller shall accept authorization for dues deduction on a biweekly basis.

 

2.2       Agency Shop

  1. The Union agrees that it has a duty to provide fair and non‑discriminatory representation to all unit members in all classes in the units for which this section is applicable regardless of whether they are members of the Union.
  2. All unit members employed in the representation unit shall as a condition of employment either:
  1. Become and remain a member of the Union; or
  2. Pay to the Union, 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 Union, Local No. 1, AFL-CIO), which shall be less than the monthly dues made during the duration of this Memorandum of Understanding, it being understood that it shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or
  3. Do both of the following:
  1. Execute a written declaration that the unit member 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
  2. 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 Street Shelter for the Homeless Mentally Ill
          3. San Mateo County Service League
  1. As a condition of employment, all new workers who are hired into a classification covered by this Memorandum of Understanding 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 Section C. 1, 2, and 3 above.
  2. Those unit members who elect membership in the Union shall continue to pay Union dues for the duration of this Memorandum of Understanding and each Memorandum of Understanding thereafter. For a period of one hundred and ten to ninety (110-90) days prior to the expiration of this Memorandum of Understanding and one hundred and ten to ninety (110-90) days prior to the expiration of any subsequent Memorandum of Understanding, any unit member 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 C above. Said withdrawal shall be communicated by the unit member during that period of time in writing to the County Controller to be delivered by certified mail and must be postmarked during the one hundred and ten to ninety (110-90) day period.
  3. The Union shall provide the County with a copy of the Union’s “Hudson Procedure” for the determination and protest of its agency shop fees. The Union shall provide the County with sufficient copies so that the County can provide a copy of the Union’s “Hudson Procedure” to every unit member hired into a class represented by the Union after the effective date of this Memorandum of Understanding. The Union shall provide a copy of said “Hudson Procedure” to every fee payer covered by this Memorandum of Understanding within one month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by a unit member to invoke the Union’s Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the unit member of their right to contest the amount of the agency shop fee.
  4. 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.
  1. The provisions of Sections C and D shall not apply during periods that a unit member is separated from the representation unit but shall be reinstated upon the return of the unit member to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence with a duration of more than thirty (30) days.
  2. Annually, the Union shall provide the Human Resources Department Director with copies of the financial report which the Union annually files with the California Public Employee Relations Board or the United States Department of Labor (Form LM‑2). Such report shall be available to unit members 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 unit member, until said report is filed.
  3. The County shall provide the Union with a monthly bargaining unit list that contains current employee information, including name, home address, classification, date of hire, union membership status, and work location.
  4. Compliance
    1. A unit member employed in a representation unit that has been granted Agency Shop in accordance with Section C above and all unit members hired after the effective date of this Section 2.2 into a job class covered by this Memorandum of Understanding shall be provided with an “Employee Authorization for Payroll Deduction” card by the Union.
    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 C.3 are not received, and the unit member has not timely invoked the Union’s Hudson Procedure, of if invoked, the unit member’s Hudson Procedure rights have been exhausted, the Union may, in writing, direct that the County withhold the agency shop fee from the unit member’s salary, in which case the unit member’s monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union.
  5. The Union shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, damages 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.
  6. In the event that unit members 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.

2.3       Communications with Unit members

The Union shall be allowed by a County department, in which it represents unit members, use of available bulletin board space for communications having to do with official organization business, such as times and places of meetings, provided such use does not interfere with the needs of the department. The Union may distribute materials to unit members within the unit it represents through County mail distribution channels if approved by the Human Resources Department Director. This privilege may be revoked in the event of abuse after the Human Resources Department Director consults with the representatives of the Union. Any representative of the Union shall give notice to the department head or designated representative when contacting departmental unit members during the duty period of the unit members, provided that solicitation for membership or other internal employee organization business shall be conducted only during the non‑duty hours of all unit members 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 other facilities may be made available for use by County unit members or the Union or its representatives in accordance with such administrative procedures as may be established by the County Manager or department heads 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 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.