The Union agrees that it has the duty to provide fair and non-discriminatory representation to all workers in all classes covered by this MOU regardless of whether they are members of the Union.
Workers that are separated from the representation unit shall be reinstated upon the worker’s return to the representation unit. For purpose of this Section, the term separation includes transfer out of the representation unit, layoff, FMLA leave, workers comp absence and any leave of absence with or without pay.
2.2. Payroll Deduction
The County shall deduct Union membership dues and any other mutually agreed upon payroll deduction including voluntary COPE checkoff, from employees’ paychecks under procedures outlined in this section, as prescribed by the County Controller. 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, revoke or change deductions, the County will direct employees to the Union. Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which such employees are assigned and for the COPE Fund. All employees in the unit who have authorized Union dues, shall have such deduction continued and shall be made only upon signed authorization from an employee and only after the Union certifies to the County a list of employees who have authorized such deduction(s).
2.3. County Obligations
- All dues and COPE deductions shall be transmitted to Local 521 in an expeditious manner.
- All transmittal checks shall be accompanied by documentation which denotes the employee’s name, employee’s number, amount of deduction (including COPE) and member status.
- 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 required by this Section, no such deduction shall be made for the current pay period.
2.4. 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 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.
2.5. Communications with Workers
The Union shall be allowed by departments in which it represents workers use of a designated bulletin board visible and accessible to employees for communications having to do with official organization business.. The department involved and/or Employee Relations will investigate problems that the Union identifies with respect to the use of bulletin boards.
The Union may distribute materials to unit workers through County mail and email distribution channels if approved by Employee Relations. This privilege may be revoked in the event of abuse after Employee 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 Relations at least 24 hours in advance when contacting workers during their duty period, provided that solicitation for membership or other internal union business shall be conducted only during the non-duty hours of all workers 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.
2.6. Use of County Buildings
County buildings and other facilities may be made available for use by County workers or the Union or its representatives in accordance with such administrative procedures as may be established by the County Manager or department heads.
2.7. 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, 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 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.
2.8. Employee Roster
The County shall supply without cost to the Union a bi-weekly 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 workers in the units represented by the Union. Such lists shall indicate hourly rates of pay, hours worked, gross pay, Union dues withheld from workers’ checks as of the date the roster was prepared, membership status, the names added to or deleted from the previous list, and whether each such change in status was due to any type of leave of absence, termination, layoff, reemployment after layoff, retirement, or withdrawal from the Union. The County shall notify the Union of workers who are on an unpaid status in excess of twenty-eight (28) days.
2.9. Third Party Notification
The County acknowledges the Union’s 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 Union of any such requests that are submitted to Human Resources.
2.10 New Employee Orientation
The County and the Union shall continue to work on best practices during the term of the agreement, to ensure labor access to new employees’ on-boarding and/or orientation for the purpose of educating them on their representation opportunities at the time of hire.
The County shall alternate in-person and remote New Hire Benefits Orientations and/or on boarding for new employees. All new employees are encouraged to attend within thirty (30) days of hire commencing employment. New employee Benefits Orientation is scheduled for every other week, and the Union will have up to thirty (30) minutes at the end of each session to provide information regarding its organization to its represented employees and members. One (1) member designated by the Union will be granted release time for this purpose, unless otherwise agreed to with Employee Relations. A non-employee Union Representative may also attend.
If the orientation is held online, the members designated by the Union may reserve available, private meeting space, provided it does not interfere with County business operations. If new employee orientation is held online, release time shall include set up time to attend the orientation.
The County shall provide the Union at least ten (10) days advance notice of a scheduled orientation. The Union will be copied on the New Employee Orientation invitation sent to SEIU-represented workers, which includes the names and email addresses of SEIU represented employees who will be attending the orientation.
For employees who do not attend an orientation within the first month of their employment, the Union can schedule up to thirty (30) minutes with each employee to meet directly with them to provide information. Such meeting may occur no later than ninety (90) days of hire. Release Time requested for this activity will be reviewed and approved by Employee Relations and the employee’s supervisor under normal Release Time processes.
If a new employee delivers a membership card to a Payroll Coordinator, the Payroll Coordinator will scan and email the form to the Union, followed by an original by mail. The County shall include the SEIU 521 designated membership card in the benefit enrollment packet/folder for all new employees.
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 that arise out of or by reason of the temporary acceptance and delivery of membership cards.