Section 02. Association Security

2.1. Payroll Deduction

PDA may have members’ dues deducted from their paychecks under the County Controller’s procedures. Deductions shall be made only upon certification from the Union that an employee has authorized such deduction and shall continue until 1) such certification is revoked in writing, by the Union or 2) the employee transfers to unit represented by another employee organization or transfers to another unit that is unrepresented. Employees may also authorize dues deduction for the California Probation, Parole and Correctional Association, but deduction may not be authorized for any other organization.

Not more than once per week (preferably bi-weekly on non-payroll Fridays), the PDA will send a list of changes to its member listing by email to the Controller’s Office at [email protected] with the following Certification statement:

o “I, NAME, TITLE, hereby certify that PDA possesses and will maintain an authorization (for dues deductions and/or voluntary political contribution deductions, as indicated) signed by the individuals on this list from whose salary or wages the deductions is to be made.”

Certified spreadsheets that arrive by the non-payday Friday will be processed for the following week’s payroll.

2.2. 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 Council dues required by this Section, no such deduction shall be made for the current pay period.

2.3. Indemnification

PDA 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 attorneys’ fees and costs.

2.4. Maintenance of Membership

Members who pay dues through paycheck deductions and all employees who become members and pay dues through such deductions 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, members shall have the right to withdraw membership by discontinuing dues deduction. The employee shall communicate the withdrawal in writing to PDA by certified mail. Employees subsequently employed in a position outside of the unit represented by PDA shall not be required to continue dues deduction.

2.5. Representation

PDA agrees that it has a duty to provide fair and nondiscriminatory representation to all unit employees regardless of whether they are members of the Union.

2.6. Communications with Employees

The Probation Department shall allow PDA use of available bulletin board space for communications involving official organization business, such as times and places of meetings, provided such use does not interfere with department needs. PDA may distribute materials to unit employees through County mail distribution channels if approved by the Human Resources Director. If the Association violates the terms of this provision, the County may take such action it deems appropriate, to the extent authorized by law. PDA representatives shall give notice to the employees’ department head or designee at least twenty-four (24) hours in advance of contacting departmental employees during an employee’s duty period, provided that solicitation for membership and other internal employee organization business shall be conducted only during the non-duty hours of all employees concerned. Pre-arrangement for routine contact may be made by agreement between the Union and the department head and when made shall continue until revoked.

2.7. Use of County Buildings

County buildings and facilities may be made available for use by employees or PDA representatives in accordance with such administrative procedures as may be established by the County Manager or department head concerned.

2.8. Advance Notice

Except in cases of emergency as provided below, PDA, if affected, shall be given reasonable advance written notice of any new or change to an existing ordinance, resolution, rule or regulation within the scope of representation proposed to be adopted by the County and shall, upon request, be given the opportunity to meet with the appropriate management representatives prior to adoption.

Any written notice of dismissal, suspension, reduction is step or demotion sent to an employee shall include a statement advising him/her of the right to be represented by the Association concerning the disciplinary action. The County agrees to remind and support the department sending copies of final decision letters in the disciplinary process to the Association, where the Association has represented the employee in the Skelly process.

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 PDA shall be provided with the notice described in the preceding paragraph and be given an opportunity to meet with the appropriate management representatives.

2.9. New Employee Orientation

The County and the Union shall continue to work on best practices to ensure labor access to new employees for the purpose of educating them on their representation opportunities. Toward that goal, the County shall administer an opportunity for the PDA to meet with new employees as follows:

All new employees are encouraged to attend the first new employee orientation following the commencement of their employment. New employee orientation is scheduled for every other week, and the PDA shall have up to thirty (30) minutes at the end of each new employee benefits orientation session to provide information regarding its organization to represented employees and members. One steward may be granted release time for this purpose.

For employees who do not attend a new employee orientation within the first month of their employment, the PDA may schedule, at the new employee’s supervisor’s discretion, up to thirty (30) minutes with each employee to meet directly with them to provide information. Release Time requested for this activity will be reviewed and approved by Director of Human Resources under normal Release Time processes.

2.10. Employee Roster

The County shall supply PDA, at no cost, a monthly electronic and sortable list report of the names and classifications of all employees represented by PDA, indicating whether PDA dues are being withheld from their pay checks as of the date the report was prepared, whether names were added to or deleted from the previous reports, and whether each such change in status was due to any type of leave of absence, termination or withdrawal from the PDA. Social Security numbers will be provided for PDA members only.

2.11. Notice of Unpaid Leave

The County shall notify the PDA of employees who are on an unpaid leave of absence status in excess of twenty-eight (28) days.