GEO Local 3550/ContractIndex/Article V: Union Dues and Representation-Service Fees
From CGEU
Section A. Union Security The parties recognize that the proper negotiation and administration of a collective bargaining agreement and the fulfillment by the Union of its statutory duty of representation entail expenses which are appropriately shared by all employees who are beneficiaries of such agreements. To this end and as provided in this Article, in the event an Employee shall not join the Union, the Employee, nevertheless, shall pay to the Union a Representation-Service Fee, which fee shall be in an amount not to exceed the Employee’s pro rata share of the Union’s cost of negotiating and administering a collective bargaining agreement. Dues or Representation-Service Fees shall be tendered or paid to the Union by the method selected on the “Graduate Employees’ Organization Union Membership/ Representation-Service Fee Card” through the procedures set forth in Section C.
Section B. Dues/Fees
Payment of these dues or representation fees, subject to the conditions of Sections C, D and E of this Article, is a condition of employment for all Employees, provided however that the University shall not be obligated to withhold re-employment from an Employee who has formally challenged the amount of the Representation-Service Fee within thirty (30) calendar days following the effective date of the Employee’s appointment until that matter has been resolved.
Section C. Check-Off of Union Membership Dues and Representation-Service Fees During the term of this Agreement, the University will deduct current Union Dues or Representation-Service Fees from the wages or any other payment processed through and by the University Payroll Department for each Employee who authorizes such deduction by using the deduction authorization card described in Section H of this article.
The University will provide Graduate Employees’ Organization Union Membership/ Representation-Service Fee cards to all Employees within fifteen (15) calendar days following the effective date of an Employee’s appointment or the offer of an appointment, whichever is later, and will inform each Employee of obligations under this Article. The University will thereafter make Graduate Employees’ Organization Union Membership/Representation-Service Fee cards available to all Employees through their department or unit; such cards will also be available from the Union.
Following execution of the card, the Employee will submit it to the Union.
Prior to the date of the paycheck for November, March, June and August, the University will send a targeted e-mail message to Employees who have authorized the deduction of Union Dues or Representation-Service Fees. The message will contain the following language:
"This email is a reminder that, consistent with your prior authorization to the Graduate Employees’ Organization (GEO), a payroll deduction for Union dues or a representation-service fee will be made from your next paycheck, at a rate specified by the Union to the University. No action is required on your part. For more information, call GEO at 734-995-0221."
On the same schedule outlined above, the University will send a targeted e-mail message to Employees who have not authorized the deduction of Union Dues or Representation-Service Fees. This message will contain the following language:
"The contract negotiated by the Graduate Employees’ Organization (GEO) and the University requires that all GSIs and GSSAs pay either Union dues or a representation-service fee to the Union. In that our records indicate that you have not authorized a payroll deduction for this purpose, you are responsible for direct payment of the amount to the GEO. Individuals who are delinquent in the payment of union dues or representation-service fees to the union may not be re-hired by the University until any such dues or fees have been paid. For more information, including dues and representation-service fee rates, visit the GEO website at www.umgeo.org or call GEO at (734) 995-0221."
Section D. Payroll Deduction
Payroll deductions of Union Dues or Representation-Service Fees shall be made from the wages due Employees on the last payday in the months of November, March, June, and August; provided, however, that no deduction shall be made unless, by the 15th of the month during which a deduction is to be made, (1) the Union has certified the Employee’s membership status to the University, and (2) the Union has certified the Employee’s auto-deduction status to the University and (3) the Union has certified the rate of Union Dues and Representation-Service fees to the University as specified in Section G of this Article. The following certification form shall be used by the Union when certifying the membership status and auto-deduction status of an Employee to the University:
CERTIFICATION OF FINANCIAL OFFICER I certify that the following employees, identified by their names and UMID numbers authorize the University to deduct dues from their wages in accordance with the terms of the Agreement holding between the GEO and the University, beginning with term [I,II,IIIA, IIIB,III], [year]: [last name, first name, UMID]
I certify that the following employees, identified by their names and UMID numbers authorize the University to deduct representation-service fees from their wages in accordance with the terms of the Agreement holding between the GEO and the University, beginning with term [I,II,IIIA, IIIB,III], [year]: [last name, first name, UMID]
In accordance with Section G of this Article, all sums deducted by the University shall be wire transferred to the financial account of the Graduate Employees’ Organization designated by the Financial Officer of the Union. The wire transfer will take place no later than the fifth (5th) working day of the month following the month in which the deductions were made. A list of Employees for whom deductions were taken, including Employee name, UMID, deduction code, deduction date, and the sum of the deducted amount will be remitted via email to the Financial Officer of the Union no later than the fifth (5th) working day of the month following the month in which the deductions were made.
The Union shall provide the University with a Dues and Representation-Service Fee Discrepancy Report listing both under deductions and over deductions, no later than the fifteenth (15th) of the month following the month in which the deductions were made. The University shall review the Dues Discrepancy Report and make all appropriate adjustments to payroll deductions in the fourth month of the term. It shall provide an explanation to the Union for any adjustments not made. The University shall remit the net positive amount of sums deducted as stipulated above to the Financial Officer of the Union no later than the fifth (5th) working day of the first month of the term following the term in which the adjustments were made. Any credit due the University will be deducted from the next remittance of dues to the Union. A list of Employees for whom deductions were taken, including Employee name, UMID, deduction code, deduction date, and the sum of the deducted amount will be remitted via email to the Financial Officer of the Union no later than the fifth (5th) working day of the month following the month in which the adjustments were made.
In the event that a payroll deduction for an Employee is processed incorrectly, the University will correct the error for the Employee within three working days of being informed of the error by either the Employee or the Union.
By signing the deduction authorization card described in Section C, an Employee agrees to have her/his Union Dues or Representation-Service Fee deducted from her/his paycheck. An Employee may revoke his or her authorization at any time by submitting written notification to the Union, on a deduction authorization card. The Union Dues or Representation-Service fee payroll deductions shall terminate when the Union certifies to the University that the Employee does not authorize such deductions no later than the tenth (10th) of the month in which deductions are to be made. Thereafter, Section E shall apply.
Section E. Delinquent Payment of Union Dues or Representation-Service Fees
An Employee shall be declared ineligible for future employment as a GSI or GSSA under Section B under the following circumstances:
- The Union first has notified the Employee by letter, explaining that the Employee is delinquent in not tendering either Union Dues or the Representation-Service Fee, and specifying the current amount of such delinquency, and warning the Employee that unless such dues or Representation-Service Fee are tendered within ten (10) calendar days, the delinquent Employee will be reported to the University and shall not be re-employed effective at the end of the current employment period as provided in this Article;
- The Union has furnished the University with written proof that the procedure of Paragraph 1 of this Section has been followed or the University has been supplied with a copy of the letter sent to the Employee.
- The Union has specified further, when notifying the University not to reemploy the Employee, the following by written notice:“The Union certifies that (Name), (UMID), (employing department) has failed to tender either Union Dues or the Representation-Service Fee, or formally challenged the amount thereof, as required as a condition of continued employment under the collective bargaining agreement. Therefore, under the terms of the Agreement, the University shall not re-employ the Employee without the expressed consent of the Union.”
The Union shall send a list of all delinquent individuals thus identified to the Dean of each College at the beginning of every month with the stipulation that these individuals may not be re-hired until any owed Union Dues or Representation-Service Fees have been paid. The list will be forwarded to the parties responsible for making hiring decisions in each hiring unit. The Union will, at the University’s request, notify relevant persons any time a change has been made to an individual’s hiring eligibility as affected by this Article.
Section F.
The procedure set forth in Section D of this Article may be initiated by the Union for any delinquent Employee only at the following times:
1. On or after November 1, for an Employee delinquent during Term I. 2. On or after March 1, for an Employee delinquent during Term II. 3. On or after June 1, for an Employee delinquent during Term IIIA. 4. On or after August 1, for an Employee delinquent during Term IIIB.)
Section G. Rate Certification, Amount, and Remittance
The following certification and address for remittance form shall be used by the Union when certifying the rate of the Union Dues and the Representation-Service Fee, the address of remittance and any changes therein:
"CERTIFICATION OF FINANCIAL OFFICER I certify that the Union Dues rate for the Graduate Employees’ Organization is ___% (percent) of the full time equivalent salary and the Representation-Service Fee rate for the Graduate Employees’ Organization is __% (percent) of the full time equivalent salary in November and March and ___% (percent) of the full time equivalent salary in June and August. Remittance address _________________________________ _________________________________ Date ____/____/___ Signature _________________________________ Financial Officer Date of Delivery to the University"
The amount of Union Dues and Representation-Service Fee for the Graduate Employees’ Organization will be determined by multiplying individual Employee’s full time equivalent salary rate by the certified Union Dues or Representation-Service Fee rate and by the individual Employee’s employment fraction. Certification of changes to the rate of Union Dues and Representation-Service Fee and remittance address shall be delivered to the University at a place designated by the University no later than ninety (90) days before the change will become effective. Such changes are limited to not more than two (2) occurrences annually.
The University shall not be liable to the Union for the remittance or payment of any sum other than that constituting actual deductions.
The Union shall indemnify and save the University harmless from any liability resulting from any and all claims, demands, suits or any other action arising from compliance with this Article, or in reliance on any notice, certification or authorization furnished under this Article.
Section H. Deduction Authorization Card
