ARTICLE 27
PAYROLL DEDUCTIONS
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A. DUES DEDUCTION [1]
1. |
General Conditions
Upon receipt of a written authorization from UC-AFT or an employee
covered by this Agreement, the University will deduct from the
employee’s pay the monthly amount certified by UC-AFT to
be the dues required for the employee’s membership in the
Union. The employee’s authorization shall be provided on
a form [2,
3]
agreed upon by the parties. Such individual authorization shall
be effective only as to dues becoming due after the dates of delivery
of the authorization form and accomplishing of the appropriate
programming/payroll information on the employee requesting deduction;
however the time for appropriate programming shall in no case
exceed 45 calendar days from the date of delivery of the authorization
form. Any change in the percent or maximum amount of dues shall
be in accordance with Section B. below. Such deduction, unless
there are insufficient net earnings to cover said deduction, shall
be made monthly or, where applicable, more frequently than monthly
in accordance with University payroll procedures in existence
at the time and location the deduction is made. The amount of
the deduction shall be certified to the University in writing,
by UC-AFT.
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2. |
Dues Amount Change
UC-AFT may change the certified dues amount once per calendar
year, and all costs associated with accomplishing such changes
in the dues amount (machine, programming, etc.) shall be paid
by UC-AFT at the same rates that apply to other employee organizations
described in the University Accounting Manual. Any annual changes
in the amount to be deducted for UC-AFT dues shall be certified
to the University, in writing, at least 45 calendar days prior
to the effective date of the dues amount change. The University
shall provide UC-AFT with estimated costs and an estimated time
of completion and UC-AFT shall pay the agreed-upon costs before
the University makes the change.
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3. |
New Deductions
New individual authorizations for a UC-AFT payroll dues deduction
must be presented to the designated office at the employee’s
campus location and the appropriate deduction will commence as
soon thereafter as the authorization for such deduction is entered
into the locations’ payroll system, but in no case later
than 45 calendar days.
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4. |
Cancellation of Deductions [4]
Bargaining unit members who are members of UC-AFT on or after
the effective date of this Agreement who wish to withdraw from
Union membership may do so during a period of thirty (30) days
after the effective date of this Agreement, and during the window
period which shall be thirty (30) days prior to the expiration
date of the Agreement by filing a written notice with the University.
Withdrawal notices received by the University at other times during
the effective contract dates shall be returned to the bargaining
unit employees by the University.
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B. ORGANIZATIONAL
SECURITY FEE
1. |
Organizational Security
University employees in the bargaining unit who are not members
of UC-AFT and not paying dues through payroll deduction shall,
as a continued condition of employment, be required to pay a fair
share service fee. The amount of the fair share service fee shall
not exceed the monthly dues that are payable by members of UC-AFT.
The amount of the fee shall be deducted by the University from
the wages or salary of the employee and paid to UC-AFT.
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2. |
Organizational Security Fee Change
UC-AFT may change the certified fair share service fee amount
once during the calendar year, or as may be required by law, and
all costs associated with accomplishing such changes in fair share
service fee amounts (machine, programming, etc.) shall be paid
by UC-AFT. Any changes in the amount to be deducted for the fair
share service fee shall be certified to the University in writing
by the President of UC-AFT at least 45 calendar days prior to
the proposed effective date of the fee change. Estimated costs
and time of completion shall be provided to UC-AFT within 30 days
of UC-AFT’s written request. Following agreement on the
cost and time, UC-AFT shall pay the cost and the University shall
complete the changes.
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3. |
Exemption From Organizational Security Fee
Any employee of this unit who claims conscientious objections
to joining or financially supporting any public employee organization
may apply, pursuant to UC-AFT’s fair share fee appeals process,
for conscientious objector status. UC-AFT shall be responsible
for determining whether the employee is entitled under applicable
law to conscientious objector status. An employee deemed by UC-AFT
to be entitled to conscientious objector status shall be required
to pay sums equal to the amount of the fair share service fee
to a non-religious, non-labor charitable fund exempt from taxation
under the Internal Revenue Service code, chosen by the employee
from a list of at least three funds designated by the University
and UC-AFT. [5]
UC-AFT will, upon request, provide the UC with a list of approved
conscientious objectors.
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C. OTHER DESIGNATED
DEDUCTIONS
1. |
Payroll deduction shall be made for UC-AFT-sponsored
insurance programs pursuant to the provisions of the University’s
Accounting Manual requirements as specifically set forth in "Regulations
for Non-University Insured Benefit Programs."
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2. |
Upon presentation of a signed authorization form, executed
by the employee, the University agrees to an additional voluntary
check off for UC-AFT COPE Fund, a UC-AFT special contribution
program. [6]
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D. INFORMATION
TO ACCOMPANY REMITTANCE
Each campus shall remit at least monthly to UC-AFT in the form of a
remittance to an address designated by UC-AFT an amount representing
the authorized dues deductions, fair share service fees, and other designated
deductions. The University shall submit a standard deduction report
which shall contain, by campus, an alphabetical list of the UC-AFT members
and fee payers for whom payroll deductions were made. The report shall
include the employee identification number, employee name, amount withheld,
and earnings that are the basis for the deduction. The report shall
be provided electronically via the FTP site. Any costs associated with
UC-AFT-requested changes in the deduction report referenced above shall
be fully paid by UC-AFT.
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E. FEES FOR PROVIDING
PAYROLL DEDUCTIONS
1. |
Each campus, for each remittance to UC-AFT, shall
charge UC-AFT and deduct from the dues/fair share service fee
total being remitted $.07 per employee for whom fee deductions
are being made and $10.00 for each remittance. These costs shall
continue to be charged to UC-AFT for check remittance unless the
parties agree otherwise. If electronic transfer is accomplished
and no check is provided, the cost to initiate the process and
cost per transfer shall be paid by UC-AFT according to the University
Accounting Manual with respect to employee organizations.
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2. |
For the purpose of voluntary deductions for UC-AFT, COPE fees
charged to UC-AFT shall not exceed the actual costs incurred by
the University to establish such deductions.
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F. CORRECTION
OF ERRORS
1. |
If the University fails to make authorized deductions
of union dues, fair share service fees, or other authorized deductions,
or any part thereof, or fails to remit to UC-AFT such authorized
deductions or any portion thereof, or erroneously withholds deductions
or any part thereof, the University shall correct the errors.
The University shall refund to UC-AFT any deductions it has erroneously
failed to remit. From the time UC-AFT notifies the University
in writing of any such errors, or if the University becomes aware
of such errors, the University shall have 45 days to make the
corrections. If after an additional 45 days the University does
not make the agreed-upon corrections and UC-AFT incurs direct
costs, the University will reimburse UC-AFT for reasonable, documented
costs incurred to make corrections for only University errors.
If there is not agreement on the correction or the costs, UC-AFT
may grieve the matter only as a union grievance.
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2. |
It is expressly understood and agreed that UC-AFT shall refund
to the employee any deductions erroneously withheld from the employee’s
wages by the University and paid to UC-AFT.
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G. INDEMNIFICATION
It is specifically agreed that the University assumes no obligations
or liability, financial or otherwise, pursuant to payroll deduction
other than those specified in this article and in applicable law.
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