2.1 Agency Shop
A. The Association agrees that it has the duty to provide fair and non-discriminatory representation to all employees in the representation unit regardless of whether they are members of the Association.
B. All employees in the representation unit shall as a condition of employment do one of the following:
- Become and remain a member of the Association;
- Pay to the Association 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 Association to determine an agency fee which meets the above criteria; or
- Do both of the following:
- Present to the Association 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.
C. As a condition of employment, all new employees shall at the time of hire execute an authorization for the payroll deduction of one of the options specified in Paragraph B above.
- If the form authorizing payroll deduction is not returned to the County Controller within thirty (30) calendar days, the Controller shall so notify the Association, providing the employee’s name, address and classification. The Association 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 Association.
- Within ten (10) working days of the date the Association directs that such Agency Fee be withheld, Association shall provide the County confirmation that the agency fee payer has been furnished a copy of the “Hudson Procedure”.
E. Employees may opt into the DSA upon hire or within a period of one hundred ten (110) to ninety (90) days prior to the expiration of this and any subsequent MOU. Any employee 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. The employee requesting to withdraw must do so in writing to the County Controller, by certified mail.
F. The Association shall provide the County a copy of its “Hudson procedure” for the determination and protest of its agency fees, upon request. The Association shall provide a copy of said “Hudson procedure” to every agency fee payer covered by this MOU annually, and as a condition to any percentage change in the agency fee.
G. If, after all other involuntary and insurance premium deductions are made in any pay period, the balance is not sufficient to pay the Association dues, agency fee, or charity fee required by this Section, no such deduction shall be made for the current pay period.
H. 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.
I. Annually, the Association shall provide the Director of Human Resources Department (HRD) with copies of the financial report which the Association annually files with the California Employee Relations Board, the United States Department of Labor (Form LM‑2), or the Association’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.
K. 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 the Association Security and/or Dues Deduction provisions, or action taken or not taken by the County under one or both of these provisions. Indemnification and defense includes, but is not limited to, payment of the County’s attorney’s fees and costs.
L. In the event that employees in a bargaining unit represented by the Association vote to rescind “Agency Shop” the provisions of Section 2.2 shall apply to dues-paying members of the Association.
M. The County shall hand out agreed upon Association materials along with the Agency Shop forms.