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Article 08 – Union Security

NOTE: THIS ARTICLE UNDERWENT SIGNIFICANT REVISION BECAUSE OF THE _JANUS_ DECISION AND _SB 822 (2018)_. PLEASE CONTACT A STEWARD BEFORE RELYING ON THE TEXT OF THIS ARTICLE.

8.0 UNION SECURITY

8.1 An employee shall, as a condition of continued employment, within thirty (30) days of employment, with the District, execute a payroll deduction form, including an initiation fee established by the Union, and thereby become a member in good standing in the Union; or execute a payroll deduction form, and thereby pay to the Union a monthly service fee equal to the regular monthly dues; or, in the case of an employee who certifies they cannot join or support an employee organization because of religious convictions shall execute a payroll deduction authorization form, and thereby pay sums equal to Union dues to one of the following:
Hospitality House;
San Francisco School Volunteers;
American Cancer Society;
American Heart Association; and
Local independent charities exempt from taxation as provided in Government Code §3546.3
All employees covered by these provisions will be informed as to their obligations under this section of the agreement.

8.2 Upon seven (7) days’ notice to the District from the Union that an employee described above has failed to maintained their membership in good standing or has failed to maintain their current charitable contribution payments to one of the charities designated above, the District shall notify each such employee in writing, with a copy to the Union, that (1) they are in violation of the Collective Bargaining Agreement between the District and the Union, and (2) failure to complete the payroll deduction authorization form within seven (7) days shall result in an automatic service fee payroll deduction.

8.3 The District shall furnish the Union on a monthly basis the names, classifications, and work locations of all employees subject to this Agreement. Newly hired or separated employees will be so indicated in this report.

8.4 The District shall also furnish the Union verification of employee contribution transmitted to charitable organizations.

8.5 This District shall also provide the Union with a list of those employees, both permanent and temporary, who are not currently paying either Union dues or agency fees.

8.6 Lists provided in Section 8.3 through 8.5 shall be in a format mutually agreed by the Union and the District.

8.7 Pursuant to Education Code §45168, the employee may pay the service fees directly to the Union in lieu of salary deduction.

8.8 The Union agrees to indemnify and hold the District harmless from any and all claims, demands, suits or other action arising from this organizational security agreement.

8.9 The District agrees to maintain the Union rights to payroll deduction and maintenance of membership.

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