Section 2. Union Security
The Union 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 Union.
An extra-help employee who is separated from the representation unit shall be reinstated upon the return of the extra- help employee to the representation unit, including seasonal employees who are separated and return the following season. For the purpose of this Section, the term separation includes transfer out of the representation unit, FMLA leave, workers comp absence and any leave of absence with or without pay.
2.2 Payroll Deduction
The Union shall have the dues of its members within a representation unit deducted from employees’ paychecks under procedures prescribed by the County Controller for such deductions. The deduction shall be made only after the Union certifies to the County a list of employees who have authorized such deductions. Where the County receives employee requests to cancel or change deductions, the County will direct employees to the Union. The Human Resources Department and the Controller’s Office will work to provide that dues deductions are promptly terminated when an extra- help employee transfers out of union representation through a change in classification or status.
Extra-help employees may voluntarily elect to have contributions deducted from their paychecks under procedures prescribed by the County Controller for the PEOPLE Fund (AFSCME) and the COPE Fund (SEIU).
2.3 County Obligations
A. All dues and PEOPLE/COPE deductions shall be transmitted to AFSCME Local 829 or SEIU Local 521 in an expeditious manner.
B. All transmittal checks shall be accompanied by documentation which denotes the extra-help employee’s name, employee’s number, amount of deduction (including PEOPLE/COPE) and member status.
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 Union dues or charity fee required by this Section, no such deduction shall be made for the current pay period.
2.5 Hold Harmless
The Union shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability or damages 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 attorney’s fees and costs.
2.6 Communications with Extra-Help Employees
The Union shall be allowed by a County department, in which it represents extra-help employees, use of a designated bulletin board space for communications having to do with official organization business. The department involved and/or Employee and Labor Relations will investigate problems that the Union identifies with respect to use of these bulletin boards.
The Union may distribute materials to extra-help employees within the unit it represents through County mail and email distribution channels if approved by Employee and Labor Relations. This privilege may be revoked in the event of abuse after Employee and Labor Relations consults with representatives of the Union. The content of any materials distributed to employees shall not relate to political activity or violate existing County policies. Employees shall not prepare Union- related emails during County work time without first obtaining approved release time.
Any representative of the Union shall give notice to Employee and Labor Relations at least twenty-four (24) hours in advance when contacting departmental extra-help during the duty period of extra-help employee, provided that solicitation for membership or 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 other facilities may be made available for use by County extra-help employees or the Union or its representatives in accordance with such administrative procedures as may be established by the County Executive or department heads concerned.
2.8 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, any new or permanent or temporary change to a County policy, 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.
2.9 New Employee Orientation
The County and the Unions 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 Union to meet with new employees as follow:
All new employees are encouraged to attend the first new employee benefits orientation following the commencement of their employment. New Employee Benefits Orientation is scheduled for every other week, and the Unions will have up to thirty (30) minutes at the same time as the regular unit orientation of each session to provide information regarding its organization to its represented employees and members.
For employees who do not attend a benefits orientation within the first month of their employment, the Union may schedule, at the 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 Employee & Labor Relations under normal Release Time processes.
2.10 Employee Roster
The County shall include extra-help employees on lists which provide information regarding additions and deletions to the Union’s bargaining units, as well as which extra-help employees were having Union dues withheld from their pay checks as of the date the roster was prepared.
The County shall supply to the Union on a biweekly electronic and sortable data processing run of the names, classifications, work locations, work, home, and personal cellular telephone numbers on file with the County, personal email addresses on file with the County, and home addresses on file with the County of all employees in the units represented by the Union. For extra-help employees hired sixty (60) days following the adoption of this Agreement, hours listed will include only hours worked in an extra-help, rather than regular, capacity, except for persons who fluctuate between regular and extra-help status during the course of their County employment. The County shall notify the Union of extra-help employees who are on an unpaid status in excess of twenty-eight (28) days.
Such lists shall be supplied without cost to the Union, provided that Union-requested changes to the report will be charged to the Union.
2.11 Third Party Notification
The County acknowledges the Unions’ standing information request for notification in the event the County receives a Public Records Act request for bargaining unit contact information. The County will notify the applicable Union of any such requests that are submitted to Human Resources.