Article 29 – Union Security

 

A. General Conditions

  1. Notice from the UAW that the Postdoctoral Scholars have ratified the Agreement shall constitute notice to the University that the UAW has implemented the provisions of Section 3583.5(a)(1) of the Government Code providing for fair share service fee collection. All Postdoctoral Scholars covered by the terms of this Agreement shall, as a condition of employment, either become and remain members in good standing of the UAW, or pay a fair share fee to the UAW, pursuant to the provisions of HEERA. The initial deduction of dues and fees pursuant to §B., below, shall occur within sixty (60) days following the union’s notice of ratification. Processing deductions for Postdoctoral Scholars in the Paid Direct title will occur within ninety (90) days of ratification.
  2. A Postdoctoral Scholar decides whether or not to join the UAW, and the University will not discourage Postdoctoral Scholars from becoming members of the UAW. If asked questions about the UAW Deduction Authorization Form (Appendix C) or the Union in general, the University and its agents shall refer the Postdoctoral Scholars to the Union. Pursuant to HEERA, the payment of union dues and agency fees through payroll deduction will continue even if the collective bargaining agreement expires.
  3. The University will deduct from the Postdoctoral Scholar’s gross earnings membership dues, assessments and standard initiation fees for members and fair share service fees for non-members in the amount established by the UAW. The University shall, on a monthly basis, deduct such dues or fees from the pay, including supplements, of Postdoctoral Scholars appointed to the Employee title (3252), and/or the stipends paid to Fellow title (3253) in accordance with the provisions of §A.4., below. The University shall remit dues, assessments, fees and fair share service fees to the UAW on a monthly basis.
    1. In the event a Postdoctoral Scholar is appointed to the Fellow title (3253) and is remunerated with a stipend, the Postdoctoral Scholar shall provide written authorization for the University to deduct the dues/fees from the stipend.
    2. In the event a Postdoctoral Scholar is appointed to the Paid Direct title (3254) and the Employee title (3252), the dues/fees required as a result of combining the gross earnings from both pay sources shall be deducted entirely from the Employee (3252) supplement.
    3. In the event a Postdoctoral Scholar is appointed to the Paid Direct title (3254) and the Fellow title (3253), the dues/fees required as a result of combining the gross earnings from both pay sources shall be deducted entirely from the Fellow’s (3253) stipend.
  4. The University shall provide Postdoctoral Scholars with necessary release time in order to meet with a union representative to arrange the method of payment for any remaining dues/fees, or to address other dues/fees concerns.
  5. In the event a Postdoctoral Scholar is appointed to the Paid Direct title (3254) and they receive a supplement in the 3252 title and/or a stipend in the 3253 title that is insufficient to cover the dues/fees, the University shall deduct the maximum possible amount from the stipend and/or University supplement, and remit the amount of the deduction to the Union.

B. Dues and Fees

  1. Union Dues – The Union will verify the Postdoctoral Scholars who have elected to become members of the UAW following completion of a Union membership form by providing the information specified in §H. below, to the campus payroll/Labor Relations office. The University will deduct the amount of membership dues, assessments and standard initiation fees required by the UAW from the earnings of such Postdoctoral Scholars as set forth in §A. A Postdoctoral Scholar may at any time cancel authorization for payroll dues deduction by presenting a written request for termination and cancellation to the Union. The Union will provide the termination information to the University via the process outlined in §H. of this Article.
  2. Fair Share Service Fees – Postdoctoral Scholars who do not pay union dues shall pay fair share service fees in the amount established by the UAW as a condition of employment. The University will deduct the amount of the fair share service fee from the earnings of the Postdoctoral Scholar as set forth in §A.
  3. Conscientious Objectors – The University and Union designate the following charities as provided for by Section 3584(a) of the Government Code:
    1. American Cancer Society
    2. Habitat for Humanity
    3. Oxfam
  4. Changes to dues/fees amounts – Once per year the UAW shall notify the University of changes to amount of the deductions for fair share fees that the UAW requires to be paid by Postdoctoral Scholars. The University shall make changes to the amount(s) it deducts within 45 days following receipt of the Union’s notice.
  5. Authorizing collection of dues and fees – During the campus/department Postdoctoral Scholar new hire / appointment process during which Postdoctoral Scholars are expected to complete various employment-oriented forms, each newly-employed Postdoctoral Scholar will receive a UAW Deduction Authorization Form (Appendix C) that enables the Postdoctoral Scholar to
    1. identify if s/he wants to become a member of the UAW, and
    2. authorize the University to deduct dues/fees from the Postdoctoral Scholar’s paycheck/stipend.

    6. The Postdoctoral Scholar shall complete this form during the process and return
    it to the University representative overseeing the session with all other forms in
    the packet. The UAW shall retrieve the forms from the office designated by each
    campus at which the forms shall be made available for UAW retrieval.

C. Voluntary Community Action Program (VCAP)

Upon presentation of a legible signed authorization form executed by a Postdoctoral Scholar, the University agrees to provide a voluntary check off for the UAW Voluntary Community Action Program (VCAP) in accordance with the following provisions:

  1. The Postdoctoral Scholar must be an active dues paying member for the VCAP deduction to occur.
  2. The VCAP deduction must be in a flat dollar amount and shall be deducted as set forth in A. 3 -5 above.
  3. This provision is for regular recurring payroll deductions and shall not be used for one-time deductions.

D. Indemnification

It is specifically agreed that the University assumes no obligation other than that specified in this Article, or liability, financial or otherwise, arising out of the provisions of this Article. Further, the UAW hereby agrees that it will reimburse the University for any costs and indemnify and hold the University harmless from any claims, actions, or proceedings by any person or entity, arising from deductions made by the University pursuant to this Article.

E. Correction of Errors

  1. If the University fails to make appropriate authorized payroll dues or fee deductions, or any part thereof, the University shall correct the deduction amounts within 30 days of notice from the Union.
  2. If the University’s error resulted in deductions less than the correct amount, the University shall make the additional required deductions to make up the difference between the actual and correct amounts in accordance with current payroll policy regarding additional deductions. However, additional deductions shall not exceed two times the normal dues amount in any given pay period, until the complete dues/fees deductions have been made. In the event a Postdoctoral Scholar terminates her/his employment while still owing dues/fees to the union, the amount owed shall be taken from the Postdoctoral Scholar’s final paycheck/stipend.
  3. If the error results in payment of more than the correct amount and the Union has received the funds, the Union shall reimburse the Postdoctoral Scholars accordingly.
  4. The University shall not be responsible for those portions of deductions that the Postdoctoral Scholar’s net earnings are insufficient to cover in any pay period.

F. Fees for Providing Payroll Deductions

For each monthly remittance to the UAW, the University shall charge the UAW and deduct from the dues/agency fee service amount being remitted $10.00 plus $.07 per Postdoctoral Scholar for whom the University makes dues/agency fee deductions. The University shall deduct such charges from the dues/agency fee service amounts it remits to the UAW.

G. Process for Transmitting Dues and Fees

  1. The University will initiate deductions for dues and fair share service fees within sixty (60) calendar days after receiving the UAW’s notice of contract ratification.
  2. Once per month, the University will provide a list of Postdoctoral Scholars by name, title, total gross monthly pay, amount of union dues/fees, including initiation fees and amount of VCAP contribution, deducted.
  3. The University shall provide to a mailing service firm designated and paid for by the UAW computer readable data containing the name and home mailing addresses of all Postdoctoral Scholars for whom the University deducts a fair share service fee. The University shall provide this information as soon as practicable but no later than forty-five (45) days of her/his appointment, insofar as the notice arrives at the mailing house at least five (5) business days before the date on which the deduction is taken.
  4. Once per year the UAW shall request that the University send to a mailing service firm designated and paid for by the UAW computer readable data containing the name and home mailing addresses of all Postdoctoral Scholars who are not members of the UAW and who are employed on the last payroll period preceding the Union’s request. The University shall provide such information within fourteen (14) calendar days after the University receives the Union’s request.

H. Union Transmission of Dues/Fees/VCAP Information to the University

The UAW shall transmit deduction information to the campus payroll office with a copy to the campus labor relations office. Such deduction information shall include dues, initiation fees and VCAP deductions. The University shall process all changes submitted by the Union, provided the University receives the information from the Union in time for the deductions to take effect by the next payroll run, by the fifteenth (15th) of the month.

  1. The Union will only provide a list of employee records for Postdoctoral Scholars for whom the UAW requests a change.
  2. The information shall include:
    1. Campus
    2. Postdoctoral Scholar ID
    3. Title Code
    4. Employee’s current union membership status; i.e., dues or agency fairshare service fee payer.
    5. Last four (4) digits of the Postdoctoral Scholar’s Social Security number
    6. Union initiation fee (for dues paying members)
    7. Union-charged dues/fees affiliation, i.e., “D” or “F”
    8. GTN code assigned to the deduction
    9. Union current VCAP amount
    10. Union VCAP new or changed amount.