PERB Decision No. 0437E•Capistrano Unified School District (PERB 0437E)
Capistrano Unified School District (PERB 0437E)
PERB Decision No. 0437ECalperbNov 21, 1984
Full text
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD CRAIG RICHTER ET AL. Charging Parties. v. CAPISTRANO UNIFIED SCHOOL DISTRICT. Respondent. ) ) ) ) ) ) ) ) ) ____________________ ) Case No. LA-CE-1967 PERB Decision No. 437 November 21, 1984 Appearance: David T. Bryant. Attorney for Craig Richter et al. Before Hesse. Chairperson; Jaeger and Morgenstern. Members.* DECISION This case is before the Public Employment Relations Board on an appeal by the Craig Richter et al. of the Board agent's dismissal. attached hereto. of their charge alleging that the Capistrano Unified School District violated section 3543.S(a)(l) of the Educational Employment Relations Act (Government Code section 3540 et seq.). We have reviewed the dismissal and. finding it free from prejudicial error. adopt it as the Decision of the Board itself. ORDER The unfair practice charge in Case No. LA-CE-1967 is DISMISSED WITHOUT LEAVE TO AMEND. By the Board *Members Tovar and Burt did not participate in this Decision.
PUBLIC EMPLOYMENT RELATIONS BOARD P~BLIC EMPLOYM:NT RELATIONS BOARD
HHeadquarters Office
1031 18th Street
Sacramento, California 95814 Sacramento, California 95814
(916) 322-3088
August 2 August , 19 23, 41984
STATE CF CALIFO~NIA
Davia T. Bryant, Esq.
National Right to work
Legal Defense· Foundation
8001 Sraddock Road, Suite 600
Springfield, VA 22160
Jerome Thornsley, Superintendent
Linda A. Kroner, Director of Employee Relatio11u
Capistrano Unifiea School District
32972 Calle Perfecto
San Juan Capistrano, CA 92675
GEO~GE DEVKMEJIAN, Gov,,rnor
Re: ~EFUSAL TO ISSUE COHPLAINT A.ND DIS:'.·lISSAL 01:' UNFi\IR PRAC'l'ICE
CHARGE; Richter, et al. v. Capistrano USO_, .Lii..-CE-J.9b7
Dear Paz:ties:
Pursuant to Public Employment. ?,elations Board (PEP.B) Regulation
section 32620(5), a complaint will not be i5suea i11 the
above-referenced case and the pending charge is nereby
dismissed because it fails to allege facts su1Ilcient to st~te
a prima facie violation of the Educational .Employrn8nt Relations
Act (EERA) ..!/
The charge alleges that the District violated the EERA by
entering into a collective oargaining agreement with the
Association which provided for automatic oeduction of agency
tees. The agency fee clause in question ca~ls for collection
of nonmember service fees in an amount not exceeaing the amount
of initiation fee, dues and general assessment.l/ These
fees, it is alleged, are passed on by the employer to the
Association, which allegedly spends them for purposes to which
the charging parties object •
.!/References to tne EEk:\ are to Go'lei:nr,:ent Cv'H: sectioas
3540 et seq. All section reterences are to t:he EEAA unless
otherwise ind.ic<1ted. PERB Reg:...lations ("Bo-::rd RuL:s") ctre
codified at California Aaministrative Coae, Title o.
~/A copy of the parties' organizational security
provision is attached. as ATTACHMENT l.David Bryant Jerome Thornsley August 20, 1984 Page 2 David Bryant Jerome Thornsley August 20, 1984 Page 2 Discussion Any argument that the District conduct described a0ova violated the Act must be rejected for the following reasons: 1. The validity of compulsory payments to la~or organization has long been established. (Railway Employees Department v. Hanson (1956) 351 U.S. 225 [38 LRRM 2099]; International Association of Machinists v. Street (1960) ~67 u.s. no (48 LR~'1 2345]; Abood v. Detroit Board of Education (1977) 431 "u.s. 209 [95 LRRM 2411]; Ell1.s, et al. v. Brotherhood of Railway, Airline and Steamship Cler1rn ( 4/2~) U.S. [80 L.Ed-.2d 428, 52 U.S.L.W. 4499].) Consistent~/Ith thi_s_ principle, the EERA specifically permits collective bargaining ag~eements to include agency fee provisions requiring employees either to join the exclusive representative, or p~y a service fee in an amount not to exceed the standard initiation fee, periodi~ dues, and general assessments (sections 3546 and 3 540: 1 ( 2) ) . 2. Employee organizations may violate the EER!\ w"hen they spend objecting nonmembers' agency fees on activities which are unrelated to the exclusive representative's repres:?ntal::.iona.l role. (Kin City Union High School District (3/3/32) PERB Decision No. 19 ; Aboo , supra. The employer, nowe•,~r, cannot be held responsible for the expenditures of th~ exclusive representative. Rather, agency fees, like membership dues, are a matter of internal organizational policy and concern: The employer's interest in the subject is limited to its willingness to impose on its non-union employees an agency fee requirement and, if so, whether an authorization election [Gov. Code section 3546] is desired. (Fresno Unified School D:i.st:ri.c~ (4/30/3?.) ?E.?..8 D~cis1on ;_,;.~. ?.13-;- :-:.t p. 21. ) Indeed, the Board has held an employer's insist-::nc~ on 3. "cap" on agency fees constitutes an unlawful bargaining proposal. (Fresno, supra, at pp. 21-22.)
David Bryant Jerome Thornsley August 20, 1984 Page 3 David B~yant Jerom~ Thornsl-3y August 20, 1984 Pag~ 3 3. The Charging Party finds particular fault in the employer's implemantation of automatic deduction of ~gency fees. Payroll deductions of agency fees, however, may be lawfully made without the permission of employees who are obligated under a collective bargaining agreement to pay such fees. The Board has observed that under the EERA, Prior approval of the payer [for an agency fee deduction] is not only unnecess~ry but inconsistent with the involuntary :1ature of such. fees. Withholding approval would enable the nonmember to circumvent the legislative purpose and negotiated agree~ent. To provide involuntary payers with this option would inevitably lead to unduly burdensome collection problems and ultimately to the wholesale enforcement of the employment termination provisions of section 354O.l(i), a consequence that would be detrimental to the educational system and to peaceful labor relations in the districts. (King City, supra, p. 2 5.) Furthermore, the Education Code expressly provides that school district governing boards "shall, with or without ch.::irge, reduce the order for the payment of servic~ fees to the certified or recognized organization as required by an organizational security arrangement between the exclusive representative and a public school employer . · ..• 11 (Education Code section 45061.) Accordingly, the automatic deduction clause in the parties' agreement does not contri0ute toward an unfair practice. For the foregoing reasons, no complaint will issue and the charge is hereby DISMISSED.~/ PL,rsuant: to Board Rule 3263'.3 (Cali:Eornia .:'\draini.s:.:.ra:.:.i.ve Coc'.e, Title 8, part III), you may appeal the refusal to issue a complaint (dismissal) to the Board itself. ~/The Charging Party appears to argue that the District is a necessary party to the formulation of a meaningful remedial order against the Association. Even if this is true, however, it does not mean that the District has committed a~ unfair practice. Further, adequate p~ocedural mechanisms are available to protect the charging party's interest. See, e.g., Board Rule 32164(d)(l).
David Bryant Jerome Thornsley August 20, 1984 Page 4 David Bryant Jerome Thornsley A1.1gust 20, 1984 Page 4 Right to Appeal You may obtain a review of this dismissal of the cha:-ge by filing an appeal to the Board itself within twenty (20) calendar days after serv'ice of this dismissal (Board Rule 3263S(a)). To be timely filed, the original and five (5) copies of such appeal must be actually received by the Board itself before the close of business (5:00 p.m.) on Wednesday, September 12 or sent by telegraph or certified United States mail postmarked not later than Wednesday, September-12 (Board Rule.32135). ''.!:''he Board's address is: Public Employment Relations Board 1031 18th Street Sacramento, CA 95814 If you file a timely appeal of the refusal l:.o issue a complaint, any other party may file with the Board an original and five (5) copi~s of a statement in opposition within twenty (20) calendar days following the date of service of the appeal (Board Rule 32635(b)). Service All documents authorized to be filed herein must also be "served" upon all parties to the proceeding, and a· _"proof 6~ service" must accompany the document filed with the Board itself (see Board Rule 32140 for the required contents and a sample form). The document will be considered properly "served" when personally delivered or deposited in the first-class mail postage paid and properly addressed. Extension of Time A request for an extension of time in which to f.ile a r.ocument ;,:Lt.l1 tl1e Board its-:lf mtut :1-e .i.n writ:.in·J ~Y•11 t~Ld :rir.'.1 '.;""::1.~ Board at the previously noted address. A request for an extension must be filed at least three (3) calendar days before t'he expi:cu.tion of the time raqui:r-~a. fo-c fi1 L-:1 t~1e doct1 m,~nt. The request must indicate good cause for and, if known, the position of each othor _r,arty :r.t=?gardi-~g the •~:~ter1sion, 3nd s 1F1J.1_ be accompanied by proof of servica oft~~ requesL upon each party (Board Rule 32132). Final Date If no appeal is filed within the specified ti.ma limits, the
David Bryant Jerome Thornsley August 20, 1984 Page 5 David Bryant Jeroma Thornsley August 20, 1984 Page 5 dismiss3.l will becoma final when the time lim!.ts hav~ expired~ Very truly yours, DENNIS M. SULLIVAN General Counsel Byy JE~FRE EFFREY SLOAN SLOAN Asisistant ssistant General Counsel General Counsel Sac 8406b
~~TICLE 4 - Organizational Security
4.1 The District and the Association recognize the rights cf
unit meir.bers to freely form, join, and participate in
~ct1vltles ai the employee organization.
4.2 T~e Ois~rlct shall deduct cues frcm the wases of all unit
r::erc:ers ;;:10 .m1 r.;embers of the Association as of the
effective ca.e of this Article, or who may subsequently
sign and deliver to tlie District an authorization. form.
authorizing tMdeduction C>f unified membership due5 of
the organization. . . ·. · . . ' ,
4.3 Pursuant to the signed authorization card, as specified
in 4.2, the District shall deduct cne tenth of the unified
dues from the regular salary·chetk of the unit member each
· r.;onth for ten (10) months.· Deductions for unit members who
sign such a~thorization after the co~mencement of the school
year shall be at the customary tenthly rate for the balance
of the school year •.
4.4 Unit members who are not mcm~ers of the Association on the
effective da~e of this Article, and those who hereafter
beco~e recmbers of the unit shall, within thirty (JO) days
cf the effectiv~ date of this agrecracnt or within thirty (30)
days fror.i the date they convnence their assi.gned duties,
either become members of the Association or pay to the
Association a service fee in an amount equal to unified
membership dues, initiation fees and general assessments.
!>,1yment of such fees shall· be made either by monthly payroll
deductions, as specified 1n 4.3, or by cash payment directly
to the l\:;sociation in one lurnp-sum within thirty (JO) days
of thri ('ffcctlve dale of this agreement or October 1,
'\\'hlchcv,:r h l.1tcr: In the event th,,t a'unil'm,~mbcr sh,,11
not pJy such fee directly to the.Association, the'Assoclation
:;hal 1 notify the District of said failure to pJy nnd the
District shall begin aut~natic payroll deduction ns
provided for 1n section 45061 of the California Education
Code. There shall be no charge to the Association·for
mandatory service fee deduction.
4.5 The District shall not make· service fee deductions from unjt
members who ar~ in unpaid status but shall deduct a pro-rata
,hare of the service fee for part-time unit 'members who have
not become members of the A~so<;1ation.' ·
4.6 Unit members who are members of .a religious bodv whose
traditional tenets or teachings· incluae cbject1ons to the
joining or financially supporting employee organizations
shall not be required to Join or financially support the
llssoc.iation; except that such unit members shall have deducted
in lieu of the service fee J sum equal to such service fee to
o~,c of the following non-religious, non-labor organization,
charitable funds exempt from Laxation under the Internal Revenue
Code:
;1
'I
iI
J
Ii
I
I
f
4.6.1 A written stutement of objection along with evidence
of membership in a religious body whose traditional
tenets er t~achings object to the joining or fininclally
supporting employee organizations shall be made on an
annual basis to the Association ar:d the District as a
condition of continu~d exemption from the payment of a
service fee. Election of one of the groups specified
in 4.6 may be changed only once per school year.
United Way
American C1:.ncer Society
American Heart Association
Boy and Girl Scouts of America
..-4
E-<
zμj
- o<'.,
:r:
u,c(
E-<
E-<
,c(
4.7 Nothing in this agreement shall be construed as t~ p~ohibit any
employee from making direct payments to th~ Association upon
written notice to the District and the Association.
4.8 The District agrees to remit all dues or service fees to the
Association along with an alphabetical list of unit members for
whom such deductions have been made, annotating as to member
or non-member of the Association.
4.9 The Association agrees to furnish ~ny inform~tion ~eeded by
the District to fulfill the provisions of this Article.
4.10 The Association agre>r:s to lndc-n 111ify and ho'.d the District
harmless rc9arding ,l11,v lcg,il c 1,,101 ,iri~.lng out of this ,,gcncy
fee provisions subjrtl lo the following,
, 4. 10. 1 ' The Association agrees to pay lo the District all
legal cost incurred in defending ~gainst any court
action and/or administrative action before PERS
challenging the legality or constitutionality of the
Organizational Security provisions of this Agreement
or their implementation.
4.10.2 The Association shall have the exclusive right to
decide and determine whether any such action or
proceeding referred to in 4.10.1 )f this Article
shall or shall not be compromised, resisted, defen~cd,
or appealed.
-4-3 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.
OCR transcription for search; preserved printed pages are authoritative
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
CRAIG RICHTER ET AL.
Charging Parties, Case No. LA-CE-1967
Vv. PERB Decision No. 437
CAPISTRANO UNIFIED SCHOOL DISTRICT, November 21, 1984
Respondent.
Appearance: David T. Bryant, Attorney for Craig Richter et al.
Before Hesse, Chairperson; Jaeger and Morgenstern, Members.*
DECISION
This case is before the Public Employment Relations Board
on an appeal by the Craig Richter et al. of the Board agent's
dismissal, attached hereto, of their charge alleging that the
Capistrano Unified School District violated section
3543.5(a)(1) of the Educational Employment Relations Act
(Government Code section 3540 et seq.).
We have reviewed the dismissal and, finding it free from
prejudicial error, adopt it as the Decision of the Board itself.
ORDER
The unfair practice charge in Case No. LA-CE-1967 is
DISMISSED WITHOUT LEAVE TO AMEND.
By the Board
\
*Members Tovar and Burt did not participate in this Decision.
PUBLIC EMPLOYMENT RELATIONS BOARD P~BLIC EMPLOYM:NT RELATIONS BOARD
HHeadquarters Office
1031 18th Street
Sacramento, California 95814 Sacramento, California 95814
(916) 322-3088
August 2 August , 19 23, 41984
STATE CF CALIFO~NIA
Davia T. Bryant, Esq.
National Right to work
Legal Defense· Foundation
8001 Sraddock Road, Suite 600
Springfield, VA 22160
Jerome Thornsley, Superintendent
Linda A. Kroner, Director of Employee Relatio11u
Capistrano Unifiea School District
32972 Calle Perfecto
San Juan Capistrano, CA 92675
GEO~GE DEVKMEJIAN, Gov,,rnor
Re: ~EFUSAL TO ISSUE COHPLAINT A.ND DIS:'.·lISSAL 01:' UNFi\IR PRAC'l'ICE
CHARGE; Richter, et al. v. Capistrano USO_, .Lii..-CE-J.9b7
Dear Paz:ties:
Pursuant to Public Employment. ?,elations Board (PEP.B) Regulation
section 32620(5), a complaint will not be i5suea i11 the
above-referenced case and the pending charge is nereby
dismissed because it fails to allege facts su1Ilcient to st~te
a prima facie violation of the Educational .Employrn8nt Relations
Act (EERA) ..!/
The charge alleges that the District violated the EERA by
entering into a collective oargaining agreement with the
Association which provided for automatic oeduction of agency
tees. The agency fee clause in question ca~ls for collection
of nonmember service fees in an amount not exceeaing the amount
of initiation fee, dues and general assessment.l/ These
fees, it is alleged, are passed on by the employer to the
Association, which allegedly spends them for purposes to which
the charging parties object •
.!/References to tne EEk:\ are to Go'lei:nr,:ent Cv'H: sectioas
3540 et seq. All section reterences are to t:he EEAA unless
otherwise ind.ic<1ted. PERB Reg:...lations ("Bo-::rd RuL:s") ctre
codified at California Aaministrative Coae, Title o.
~/A copy of the parties' organizational security
provision is attached. as ATTACHMENT l.
David Bryant
Jerome Thornsley
August 20, 1984
Page 2
David Bryant
Jerome Thornsley
August 20, 1984
Page 2
Discussion
Any argument that the District conduct described a0ova violated
the Act must be rejected for the following reasons:
1. The validity of compulsory payments to la~or organization
has long been established. (Railway Employees Department v.
Hanson (1956) 351 U.S. 225 [38 LRRM 2099]; International
Association of Machinists v. Street (1960) ~67 u.s. no
(48 LR~'1 2345]; Abood v. Detroit Board of Education (1977) 431
"u.s. 209 [95 LRRM 2411]; Ell1.s, et al. v. Brotherhood of
Railway, Airline and Steamship Cler1rn ( 4/2~) U.S.
[80 L.Ed-.2d 428, 52 U.S.L.W. 4499].) Consistent~/Ith thi_s_
principle, the EERA specifically permits collective bargaining
ag~eements to include agency fee provisions requiring employees
either to join the exclusive representative, or p~y a service
fee in an amount not to exceed the standard initiation fee,
periodi~ dues, and general assessments (sections 3546 and
3 540: 1 ( 2) ) .
2. Employee organizations may violate the EER!\ w"hen they spend
objecting nonmembers' agency fees on activities which are
unrelated to the exclusive representative's repres:?ntal::.iona.l
role. (Kin City Union High School District (3/3/32) PERB
Decision No. 19 ; Aboo , supra. The employer, nowe•,~r, cannot
be held responsible for the expenditures of th~ exclusive
representative. Rather, agency fees, like membership dues, are
a matter of internal organizational policy and concern:
The employer's interest in the subject is
limited to its willingness to impose on its
non-union employees an agency fee
requirement and, if so, whether an
authorization election [Gov. Code section
3546] is desired. (Fresno Unified School
D:i.st:ri.c~ (4/30/3?.) ?E.?..8 D~cis1on ;_,;.~. ?.13-;- :-:.t
p. 21. )
Indeed, the Board has held an employer's insist-::nc~ on 3. "cap"
on agency fees constitutes an unlawful bargaining proposal.
(Fresno, supra, at pp. 21-22.)
David Bryant
Jerome Thornsley
August 20, 1984
Page 3
David B~yant
Jerom~ Thornsl-3y
August 20, 1984
Pag~ 3
3. The Charging Party finds particular fault in the employer's
implemantation of automatic deduction of ~gency fees. Payroll
deductions of agency fees, however, may be lawfully made
without the permission of employees who are obligated under a
collective bargaining agreement to pay such fees. The Board
has observed that under the EERA,
Prior approval of the payer [for an agency
fee deduction] is not only unnecess~ry but
inconsistent with the involuntary :1ature of
such. fees. Withholding approval would
enable the nonmember to circumvent the
legislative purpose and negotiated
agree~ent. To provide involuntary payers
with this option would inevitably lead to
unduly burdensome collection problems and
ultimately to the wholesale enforcement of
the employment termination provisions of
section 354O.l(i), a consequence that would
be detrimental to the educational system and
to peaceful labor relations in the
districts. (King City, supra, p. 2 5.)
Furthermore, the Education Code expressly provides that school
district governing boards "shall, with or without ch.::irge,
reduce the order for the payment of servic~ fees to the
certified or recognized organization as required by an
organizational security arrangement between the exclusive
representative and a public school employer . · ..• 11
(Education Code section 45061.) Accordingly, the automatic
deduction clause in the parties' agreement does not contri0ute
toward an unfair practice.
For the foregoing reasons, no complaint will issue and the
charge is hereby DISMISSED.~/
PL,rsuant: to Board Rule 3263'.3 (Cali:Eornia .:'\draini.s:.:.ra:.:.i.ve Coc'.e,
Title 8, part III), you may appeal the refusal to issue a
complaint (dismissal) to the Board itself.
~/The Charging Party appears to argue that the District
is a necessary party to the formulation of a meaningful
remedial order against the Association. Even if this is true,
however, it does not mean that the District has committed a~
unfair practice. Further, adequate p~ocedural mechanisms are
available to protect the charging party's interest. See, e.g.,
Board Rule 32164(d)(l).
David Bryant
Jerome Thornsley
August 20, 1984
Page 4
David Bryant
Jerome Thornsley
A1.1gust 20, 1984
Page 4
Right to Appeal
You may obtain a review of this dismissal of the cha:-ge by
filing an appeal to the Board itself within twenty (20) calendar
days after serv'ice of this dismissal (Board Rule 3263S(a)). To
be timely filed, the original and five (5) copies of such appeal
must be actually received by the Board itself before the close
of business (5:00 p.m.) on Wednesday, September 12 or sent by
telegraph or certified United States mail postmarked not later
than Wednesday, September-12 (Board Rule.32135). ''.!:''he Board's
address is:
Public Employment Relations Board
1031 18th Street
Sacramento, CA 95814
If you file a timely appeal of the refusal l:.o issue a complaint,
any other party may file with the Board an original and five (5)
copi~s of a statement in opposition within twenty (20) calendar
days following the date of service of the appeal (Board
Rule 32635(b)).
Service
All documents authorized to be filed herein must also be
"served" upon all parties to the proceeding, and a· _"proof 6~
service" must accompany the document filed with the Board itself
(see Board Rule 32140 for the required contents and a sample
form). The document will be considered properly "served" when
personally delivered or deposited in the first-class mail
postage paid and properly addressed.
Extension of Time
A request for an extension of time in which to f.ile a r.ocument
;,:Lt.l1 tl1e Board its-:lf mtut :1-e .i.n writ:.in·J ~Y•11 t~Ld :rir.'.1 '.;""::1.~
Board at the previously noted address. A request for an
extension must be filed at least three (3) calendar days before
t'he expi:cu.tion of the time raqui:r-~a. fo-c fi1 L-:1 t~1e doct1 m,~nt.
The request must indicate good cause for and, if known, the
position of each othor _r,arty :r.t=?gardi-~g the •~:~ter1sion, 3nd s 1F1J.1_
be accompanied by proof of servica oft~~ requesL upon each
party (Board Rule 32132).
Final Date
If no appeal is filed within the specified ti.ma limits, the
David Bryant
Jerome Thornsley
August 20, 1984
Page 5
David Bryant
Jeroma Thornsley
August 20, 1984
Page 5
dismiss3.l will becoma final when the time lim!.ts hav~ expired~
Very truly yours,
DENNIS M. SULLIVAN
General Counsel
Byy JE~FRE EFFREY SLOAN SLOAN
Asisistant ssistant General Counsel General Counsel
Sac 8406b
~~TICLE 4 - Organizational Security
4.1 The District and the Association recognize the rights cf
unit meir.bers to freely form, join, and participate in
~ct1vltles ai the employee organization.
4.2 T~e Ois~rlct shall deduct cues frcm the wases of all unit
r::erc:ers ;;:10 .m1 r.;embers of the Association as of the
effective ca.e of this Article, or who may subsequently
sign and deliver to tlie District an authorization. form.
authorizing tMdeduction C>f unified membership due5 of
the organization. . . ·. · . . ' ,
4.3 Pursuant to the signed authorization card, as specified
in 4.2, the District shall deduct cne tenth of the unified
dues from the regular salary·chetk of the unit member each
· r.;onth for ten (10) months.· Deductions for unit members who
sign such a~thorization after the co~mencement of the school
year shall be at the customary tenthly rate for the balance
of the school year •.
4.4 Unit members who are not mcm~ers of the Association on the
effective da~e of this Article, and those who hereafter
beco~e recmbers of the unit shall, within thirty (JO) days
cf the effectiv~ date of this agrecracnt or within thirty (30)
days fror.i the date they convnence their assi.gned duties,
either become members of the Association or pay to the
Association a service fee in an amount equal to unified
membership dues, initiation fees and general assessments.
!>,1yment of such fees shall· be made either by monthly payroll
deductions, as specified 1n 4.3, or by cash payment directly
to the l\:;sociation in one lurnp-sum within thirty (JO) days
of thri ('ffcctlve dale of this agreement or October 1,
'\\'hlchcv,:r h l.1tcr: In the event th,,t a'unil'm,~mbcr sh,,11
not pJy such fee directly to the.Association, the'Assoclation
:;hal 1 notify the District of said failure to pJy nnd the
District shall begin aut~natic payroll deduction ns
provided for 1n section 45061 of the California Education
Code. There shall be no charge to the Association·for
mandatory service fee deduction.
4.5 The District shall not make· service fee deductions from unjt
members who ar~ in unpaid status but shall deduct a pro-rata
,hare of the service fee for part-time unit 'members who have
not become members of the A~so<;1ation.' ·
4.6 Unit members who are members of .a religious bodv whose
traditional tenets or teachings· incluae cbject1ons to the
joining or financially supporting employee organizations
shall not be required to Join or financially support the
llssoc.iation; except that such unit members shall have deducted
in lieu of the service fee J sum equal to such service fee to
o~,c of the following non-religious, non-labor organization,
charitable funds exempt from Laxation under the Internal Revenue
Code:
;1
'I
iI
J
Ii
I
I
f
4.6.1 A written stutement of objection along with evidence
of membership in a religious body whose traditional
tenets er t~achings object to the joining or fininclally
supporting employee organizations shall be made on an
annual basis to the Association ar:d the District as a
condition of continu~d exemption from the payment of a
service fee. Election of one of the groups specified
in 4.6 may be changed only once per school year.
United Way
American C1:.ncer Society
American Heart Association
Boy and Girl Scouts of America
..-4
E-<
zμj
- o<'.,
:r:
u,c(
E-<
E-<
,c(
4.7 Nothing in this agreement shall be construed as t~ p~ohibit any
employee from making direct payments to th~ Association upon
written notice to the District and the Association.
4.8 The District agrees to remit all dues or service fees to the
Association along with an alphabetical list of unit members for
whom such deductions have been made, annotating as to member
or non-member of the Association.
4.9 The Association agrees to furnish ~ny inform~tion ~eeded by
the District to fulfill the provisions of this Article.
4.10 The Association agre>r:s to lndc-n 111ify and ho'.d the District
harmless rc9arding ,l11,v lcg,il c 1,,101 ,iri~.lng out of this ,,gcncy
fee provisions subjrtl lo the following,
, 4. 10. 1 ' The Association agrees to pay lo the District all
legal cost incurred in defending ~gainst any court
action and/or administrative action before PERS
challenging the legality or constitutionality of the
Organizational Security provisions of this Agreement
or their implementation.
4.10.2 The Association shall have the exclusive right to
decide and determine whether any such action or
proceeding referred to in 4.10.1 )f this Article
shall or shall not be compromised, resisted, defen~cd,
or appealed.
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