A. PDA agrees that it has a duty to provide fair and nondiscriminatory representation to all unit employees regardless of whether they are members.
B. All employees employed in the PDA representation unit shall as a condition of employment either:
1. Become and remain a member of PDA; or
2. Pay 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, Local No. 1), 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 PDA to determine an agency fee which meets the above criteria; or
3. Do both of the following:
a. Execute a written declaration that the employee 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; and
b. Pay a sum equal to the agency shop fee 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.
C. As a condition of employment, all new workers who are hired into a classification covered by this MOU, shall at the time of hire execute an authoriza¬tion for the payroll deduction of one of the options specified in Section B. 1, 2, and 3 above.
D. Employees who elect membership shall continue to pay dues for the duration of this and each subsequent MOU. During the twenty-one (21) day period that is at least seventy (70) days prior but no more than ninety (90) days prior to the expiration of this and any subsequent MOU, any employee who is a member shall have the right to withdraw 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 Controller by certified mail and must be postmarked within the twenty-one (21) day period that is at least seventy (70) days prior but no more than ninety (90) days prior to the expiration of this and any subsequent MOU.
E. The Association shall provide the County with a copy of the Union’s “Hudson procedure” for the determination and protest of its agency fees. PDA 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 Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee.
F. 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 dues, agency fee, or charity fee required by this Section, no such deduction shall be made for the current pay period.
G. The provisions of Sections B and C 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. The term separation includes transfer out of the unit, layoff, and leave of absence of more than 30 days.
H. Annually, PDA shall provide Employee Relations with copies of the financial report which PDA annually files with the California Franchise Tax Board (CT 2) and the IRS (Form 990). Such report shall be available to employees in the unit. Failure to file such a report within sixty 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.
1. PDA shall provide all employees hired into a job class covered by this MOU with an “Employee Authorization for Payroll Deduction” card.
2. If the form authorizing payroll deduction is not returned to the Controller within 30 calendar days after notice of the agency fee provision and PDA’s “Hudson Procedure,” and the dues, agency fee or charitable contribution required under Section B.3 are not received and the employee has not timely invoked the Hudson Procedure, or if invoked the employee’s Hudson Procedure rights have been exhausted, PDA may in writing direct the County to with¬hold the agency fee from the employee’s salary, in which case the employee’s monthly salary shall be reduced by an amount equal to the agency fee and the County shall pay PDA an equal amount.
J. In the event that employees in a bargaining unit represented by PDA vote to rescind “Agency Shop,” the provisions of Section 2.2 shall apply to dues-paying members of PDA.