The Union shall return any part of the representation fee paid by the staff member, which represents the staff member’s additional pro rata share of expenditures by the Union that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the terms and conditions of employment or applied toward the cost of any other benefits available only to member of the majority representative.
The staff member shall be entitled to a review of the amount of the representation fee by requesting the Union to substantiate the amount charged for the representation fee. This review shall be accorded in conformance with the internal steps and procedures established by the Union.
The Union shall submit a copy of the Union review system to the University’s Office of Labor Relations. The deduction of the representation fee shall be available only if the Union establishes and maintains this review system. If the staff member is dissatisfied with the Union’s decision, he/she may appeal to the three-member board established by the Governor.
The Union hereby agrees that it will indemnify and hold the University harmless from any claims, actions or proceedings brought by any staff member in the bargaining unit that arises from deductions made by the University in accordance with this provision. The University shall not be liable to the Union for any retroactive or past due representation fee for a staff member who was identified by the University as excluded or confidential or in good faith was mistakenly or inadvertently omitted from the deduction of the representation fee.
It is understood that the implementation of the agency fee program is predicated on the demonstration by the Union that more than fifty percent (50%) of the eligible staff members in the bargaining unit are dues paying members of the Union.
If at the signing of this Agreement the above percentage has not been achieved, the agency fee plan will be continued through pay period twenty-six (26) of the calendar year, after which it shall be discontinued unless the minimum has been achieved prior to that occurrence. Thereafter, if the minimum percentage is exceeded on any quarterly date; i.e., January 1st , April 1st , July or October1st, the agency fee plan shall be reinstated with proper notice from the Union to affected staff members.
In each year of the Agreement on July 1st, an assessment shall be made to determine if the minimum percentage has been exceeded. If it has, the agency fee will be discontinued and eligibility for reinstatement shall be on a quarterly basis as provided above.
Provisions in this clause are further conditioned upon other requirements set by statute.
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