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.
2.1 Agency Shop
All workers and new hires employed in classes covered by this MOU, except supervisors as defined in Section 2.4 below, shall as a condition of employment either:
Become and remain a member of the Union.
Pay to the Union 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, Local No. 1, AFLCIO), which shall be less than the monthly dues made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency fee which meets the above criteria, and to establish internal bylaws governing collection of agency fees and distribution of fee payer rebates; or
Do both of the following: Present to the Union and Controller a written declaration that he/she 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 to one of three negotiated non-religious, nonlabor, charitable funds that are exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code.
El Concilio of San Mateo County
East Palo Alto Family YMCA
Asian American Residential Recovery
If any currently employed worker fails to authorize one of the above deductions within 30 calendar days of hire into a classification covered by this MOU, the County shall involuntarily deduct dues from the worker’s paycheck.
2.3 Maintenance of Membership
All workers who are members of SEIU Local 521 and tender dues through deductions from their County biweekly paycheck shall continue to pay dues for the duration of this and each subsequent MOU thereafter. For a period of one hundred and ten to ninety (11090) days prior to the expiration of this and any subsequent MOU, members of SEIU Local 521 shall have the right to withdraw from the Union by discontinuing dues deduction and selecting one of the options specified in Section 2.1. Union members in supervisory classifications exercising their right to withdraw from the Union are exempted from the provisions of Section 2.1. Withdrawal shall be communicated by the worker during that period of time in writing to the Controller to be delivered by certified mail and must be postmarked during the one hundred and ten to ninety (11090) day period. A worker who is subsequently employed in a position outside the units represented by SEIU Local 521 shall not be required to continue dues deduction.
In the event that workers in a bargaining unit represented by the Union vote to rescind “Agency Shop” the provisions of Section 2.3 shall apply to dues-paying members of the Union.
The County shall deliver revocations of membership to the Union on a biweekly basis and include verification that receipt was by certified mail. The Controller shall accept authorization for dues deduction on a biweekly basis.
2.4 Supervisory Classifications
For purposes of this section, a supervisor or supervisory worker shall be a worker who regularly supervises the work of two or more workers and whose work customarily and regularly involves spending more than 50 percent of work time on supervisory rather than journeyperson activity. Prior to determining that a classification meets this definition, the County will notify the Union and meet and confer over the proposed change. Supervisors as defined above shall not be subject to the provisions of this Section 2.1, (Agency Shop), but shall continue to be covered by Section 2.3, (Maintenance of Membership).
2.5 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, agency fee, or charity fee required by this Section, no such deduction shall be made for the current pay period.
The provisions of 2.1 above shall not apply during periods that a worker is separated from the representation unit, but 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, and leave of absence without pay.
2.7 Payroll Deduction
The County shall deduct Union membership dues and any other mutually agreed upon payroll deduction including voluntary COPE check-off, agency fee and charity fee from workers’ paychecks under procedures prescribed by the County Controller. Dues deduction and COPE deduction shall be made only upon signed authorization from the worker in writing on forms acceptable to the County and the Union and shall continue: (1) until such authorization is revoked in writing by the worker; or (2) until the transfer of the worker to a unit represented by another employee organization. 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.
2.8 County Obligations
All dues, service fees 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, social security number, amount of deduction (including COPE) and member or fee payer status.
The County shall hand out agreed upon Union materials along with the Agency Shop forms.
2.9 Union Obligations
The Union shall provide the County with a copy of the Union’s “Hudson procedure” for the determination and protest of its agency fees. Annually, the Union shall provide a copy of said “Hudson procedure” to every agency fee payer covered by this MOU and as a condition to any percentage change in the agency fee.
Local 521 will supply the County with deduction authorization forms and/or membership applications.
Annually, SEIU shall provide Employee Relations copies of the financial report SEIU files with the California Employee Relations Board, the Department of Labor (Form LM2), or the union’s balance and operating statement for the prior year. Failure to file such a report within 60 days after the end of its fiscal year shall result in termination of agency fee deductions without jeopardy to any worker, until such report is filed.
2.10 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.
2.11 Communications with Workers
The Union shall be allowed by departments in which it represents workers use of 17″ by 14″ space on available bulletin boards for communications having to do with official organization business, such as times and places of meetings provided such use does not interfere with the needs of the department. 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 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.
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.
2.12 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.
2.13 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, 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.
2.14 New Employee Notification
When a person is hired in any classification represented by the Union, the County shall notify that person that the Union is the recognized employee organization for the workers in said class and present that person with a copy of the current MOU as well as an approved packet of information which has been supplied by the Union.
The County will provide the new employee orientation list to the union each month. This listing shall include each worker’s name, classification, and department number. The Union shall be allowed 20 minutes at the end of each new employee orientation session to speak to workers represented by the Union and one steward may be granted release time for this purpose.
2.15 Employee Roster
The County shall supply without cost to the Union a monthly data processing run of the names and classifications of all workers in the units represented by the Union. Such lists shall indicate which workers were having Union dues withheld from their checks as of the date the roster was prepared, the names added to or deleted from the previous list, and whether each such change in status was due to leave of absence, termination or withdrawal from the Union. The County shall notify the Union of workers who are on a leave of absence status in excess of 28 days.