The Association 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 Association.
- 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 certification from the Association that a nurse has authorized such deduction, and shall continue (1) until such authorization is revoked in writing by the Association; or (2) until the transfer of the nurse to a unit represented by another employee organization. The Human Resources Department and the Controller’s Office will work to provide that dues deductions are promptly terminated when an employee transfers out of Association representation through a change in classification or status.
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 Association’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 Association is responsible for obtaining check-off authorization from each employee who wishes to have a voluntary payroll deduction.
(3) The Association will reimburse the employer for the costs of administering the payroll deduction.
- 2.3 Association Certification
Not more than once per week (preferably bi-weekly on non-payroll Fridays), the Association will send a list of changes to its Association member listing by email to the Controller’s Office at [email protected] with a certification statement:
Certified spreadsheets that arrive by the non-payday Friday will be processed for the following week’s payroll.
- 2.4 Forfeiture of Deduction
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 required by this Section, no such deduction shall be made for the current pay period.
- 2.5 Reinstatement
The provisions of 2.1 and 2.2 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.
- 2.6 Hold Harmless
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.
- 2.7 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 their 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.
- 2.8 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 Executive or department head concerned.
- 2.9 Advance Notice
Except in cases of emergency as provided below CNA, if affected, shall be given reasonable advance written notice of any new, or permanent or temporary change to, a County 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.
- 2.10 Employee Roster
The County shall supply, without cost to the Association, a monthly electronic and sortable list with a data processing run of the names and classifications of all employees represented by the Association. Such lists shall indicate which employees were having Association dues withheld from their pay checks as of the date the roster was prepared, the names added to or deleted from the previous list, and whether each such change in status was by reason of any type of leave of absence, termination or withdrawal from the Association. The lists shall be supplied without cost to the Association. The County shall notify the Association of employees who are on an unpaid leave of absence status in excess of twenty-eight (28) days.