ARTICLE 3
UNION RIGHTS AND SECURITY
Section 1 - Exclusive Agent:
The District shall not negotiate with any other employee organization or group
with reference to terms and/or conditions of employment for employees
represented by AFSCME. AFSCME shall have the right of unchallenged
representation in its bargaining units for the duration of this Agreement in
accordance with PERB Interim Rules, Section 101.8(b).
Section 2 - Meeting Space:
Upon request at least one day in advance, the Employer will provide meeting
space as available for bargaining unit business. Except as provided elsewhere in
this Agreement, meetings will be held on the non-work time of all employees
attending the meetings. The Union will be responsible for maintaining decorum at
meetings on the Employer’s premises and for restoring the space to the same
condition to which it existed prior to the meetings.
Section 3 - Access to Employees:
The Union shall have access to all new and rehired employees to explain Union
membership, services and programs. Such access shall occur during either a
formal orientation session or upon such employees’ reporting to their work site
within- thirty (30) calendar days of employees’ appointment or reappointment.
Section 4 - Dues Checkoff:
The Employer agrees to deduct union
dues hi-weekly from the pay of employee members upon proper authorization. The
employee must complete and sign Form 277 to authorize the withholding. The
amount to be deducted shall be certified to the Employer in writing by the
appropriate official of District Council 20. It is the responsibility of the
employee and the Union to bring errors or changes in status to the attention of
the Employer. Corrections or changes will be made at the earliest opportunity
after notification is received but in no case will changes be made
retroactively. Union dues withholding authorization may be cancelled upon
written notification to the Union and the Employer within the thirty (30)
calendar day period prior to the anniversary date of this Agreement. When Union
dues are cancelled, the Employer shall withhold a service fee in accordance with
Section 5 of this Article.
Section 5 - Service Fees:
in keeping with the principle that employees who benefit by the Agreement should
share in the cost of its administration, the Union shall require that employees
who do not pay Union dues shall pay an amount (not to exceed Union dues) that
represents the cost of negotiation and/or representation. Such deductions shall
be allowed when the Union presents evidence that at least 51% of the employees
in the unit are members of the Union.
Section 6 - Cost of Processing:
The Employer shall deduct $.05 per deduction (dues or service fee) per pay
period from each employee who has dues or service fees deducted. This amount
represents the fair value of the cost to the Employer for performing the
administrative services and is payable to the Office of Labor Relations and
Collective Bargaining.
Section 7 - Hold Harmless:
The Union shall indemnify, defend and
hold the Employer harmless against any and all claims, demands and other forms
of liability, which may arise from the operation of this Article. In any case in
which a judgment is entered against the Employer as a result of the deduction of
dues or other fees, the amount held to be improperly deducted from an employee’s
pay and actually transferred to the Union by the Employer, shall be returned to
the Employer or conveyed by the Union to the employee(s), as appropriate.