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.
The County shall deduct Union membership dues and any other mutually agreed upon payroll deduction including voluntary COPE checkoff, from workers’ paychecks under procedures prescribed by the County Controller. The deduction shall be made only after the Union certifies to the County a list of workers who have authorized such deductions. Where the County receives employee requests to cancel or change deductions, the County will direct employees to the Union. Workers may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which such workers are assigned and for the COPE Fund.
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 worker’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.
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.
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.
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.
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.
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.