Common use of Bargaining Unit Security Clause in Contracts

Bargaining Unit Security. A. Maintenance of Membership Employee payroll deduction authorizations for STA dues are voluntary on the part of the employee but are not subject to unilateral cancellation by the employee during the term of the MOU. Employees who are members of STA 30 days after the ratification date of this MOU by the City Council and employees who thereafter become members of STA shall remain members of STA for the term of this MOU. B. Agency Shop As long as STA can demonstrate that it has a 70% membership (based on the number of STA dues-paying members in comparison to the number of all filled STA positions), the City agrees to grant STA an Agency Shop provision. Said Agency Shop provision is subject to the following terms and conditions: (1) An employee working in a classification covered by this MOU shall, within 30 calendar days of his/her employment, either (1) execute a payroll deduction authorization form as furnished by STA, and hereby become and remain a member in good standing in STA; or (2) pursuant to California Government Code Section 3508.5, pay to STA a bi-weekly service representation fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of STA during the term of the MOU. a. In the case of an employee who certifies he/she is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations, such employee shall execute a payroll deduction authorization form furnished by STA, and thereby pay sums equal to the bi-weekly service representation fee to a non-religious, non-labor charitable fund, chosen by the employee from a list of at least three such funds that are exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. The list of funds shall be provided by the City, and shall be made up of funds for which the City offers payroll deductions. b. The City and STA shall jointly notify all employees occupying classifications in this Bargaining Unit that they are required to pay dues or a service representation fee as a condition of this Section and that such amounts shall be automatically deducted from their paychecks. The religious exemption and the employees' rights under Government Code Section 3502.5 (▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act) shall also be explained. The cost of this communication and the responsibility for its distribution shall be borne by STA.

Bargaining Unit Security. A. Maintenance 5.1 This Agreement shall be binding upon the successors and assignees of Membership Employee the parties hereto, under this contract, and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by the consolidation, merger, or annexation, transfer or assignment of either party hereto or affected, modified, altered, or changed in any respect whatsoever by any change of any kind of the ownership, or management, of either party hereto or by any change geographically or place of business of either party hereto. 5.2 In the event that the Employer determines that work currently performed by bargaining unit members is to be transferred to a Trust, contracted out, or abolished and such decision would result in a layoff or abolishment of positions, the Employer shall notify the Union. Such notification shall be in written form and shall include the department and division, as well as the employee classifications(s) to be transferred to a Trust, contracted out, or abolished. The Employer agrees to make every effort to retain the personnel affected by said contract. 5.3 The Employer agrees to deduct, bi-weekly, dues and assessments in an amount certified to be correct by the Secretary-Treasurer of the Union, from the pay of those employees who individually request by means of Payroll Deduction Card Authorization that such deductions be made. The Employer further agrees to deduct, bi-weekly, a service fee from the wages of those employees who are in the bargaining unit but who are non-union members of AFSCME Local #2406, upon condition precedent that said non-union members execute and keep effective a valid payroll deduction authorizations authorization for STA dues are voluntary on said purpose. The amount of this service fee shall be uniform among said non-union employees and shall be for the part purpose of payment for negotiation and administration of the employee but are not subject to unilateral cancellation Collective Bargaining Agreement. The total amount of deductions shall be remitted by the employee during Employer to the term Treasurer of the MOUUnion. Employees who are members of STA 30 days after Cost for the ratification date of this MOU payroll deduction service shall be charged by the City Council and employees who thereafter become members in accordance with the following: (a) Any extra work or expense incurred by the City because of STA requests or delays in furnishing information, materials, or supplies by the Union, or due to indefinite, erroneous or conflicting data, shall remain members of STA be paid for or borne by the term of this MOU. B. Agency Shop As long as STA can demonstrate that it has a 70% membership (Union. The charges are to be based on the number City’s actual cost and will be due and owing to the City, upon delivery of STA duesan itemized invoice to the Union. (b) For normal services contemplated, Union shall be charged two hundred and fifty ($250.00) dollars per year covering the period of this Agreement. The Union shall remit the above in twelve equal installments prior to and before the fifth (5th) day of each month. (c) The City shall not be liable either at law or equity for any damages incurred by the Union, which occurs from the City’s non-paying performance or delay of the duties and obligations of the Article 5 Section 5.3 covenant, where such non- performance or delay is due to fire, electrical or machine failure, strike, lock- out governmental order or regulation, or any other failure similar or dissimilar beyond the City’s reasonable control. 5.4 Except as specifically provided in this Agreement, all rights and privileges currently enjoyed by members of AFSCME Union shall remain and be applied as currently applied that are set forth in comparison the City Charter, the City Personnel and departmental rules, regulations, and policies for the City of Oklahoma City. The Employer reserves the right to make changes to the personnel and departmental rules, regulations, and policies and will notify the Union when such changes are made. In the event that the Union believes that such change violates the contract, it shall have the right to file a grievance regarding the change. 5.5 Written notice shall be directed to the Personnel Director not less than five (5) working days prior to the day and time that the employee desires to be absent from assigned duties and to conduct bona fide union business. Approval of such time shall be at the discretion of the Personnel Director and will not normally exceed a bargaining unit total of 700 hours per fiscal year and further shall depend on the workload of the affected employee and the ability of the City to leave said work undone. The 700 hour maximum shall not apply to approved release time for bargaining team members to attend formal bargaining sessions, nor shall the limit apply to departmental (job site stewards) who attend pre-determination hearings for employees within the same department. The limit shall not apply to approved release time for time spent in Labor/Management Committees by approved committee members. Release time to attend Pre-determination meetings will require 24 hours notice. 5.6 Any employee who chooses to withdraw from Local 2406, shall have a ten (10) calendar day time period beginning the first of January in which to withdraw their membership in the Union, provided they present a letter requesting withdrawal to the Union, and a signed authorization card to the Benefits Division of the Personnel department. 5.7 The Employer agrees not to discriminate against any employee for his/her activity on behalf of, or membership in, the Union. 5.8 It is understood that the Union President shall serve in the assignment of the Union Liaison at salary range 417 on a temporary basis. When an employee ceases to be AFSCME President he/she will return to his/her former classification at his/her previous rate of pay or step. If an employee receives step increases while serving as Union Liaison, he/she will be returned to his/her previous pay range at the step corresponding to the number of all filled STA positions)merit steps received while serving as Union Liaison. If an incoming President’s current salary should exceed the maximum rate of the Union Liaison pay range, the City agrees he/she will continue to grant STA an Agency Shop provision. Said Agency Shop provision is subject to the following terms and conditions: (1) An employee working in a classification covered by this MOU shall, within 30 calendar days of be compensated at his/her employment, either (1) execute present rate and will be eligible for merit steps in a payroll deduction authorization form as furnished by STA, higher range. The Labor Relations Manager and hereby become AFSCME Business Agent will make recommendations to the Personnel Director regarding the performance evaluation established for the Union Liaison. The Personnel Director and remain City Manager or designee will make a member in good standing in STA; orfinal determination based upon the recommendation submitted. (2) pursuant to California Government Code Section 3508.5, pay to STA a bi-weekly service representation fee in an amount 5.9 Employer agrees not to exceed enter into any other agreement, written or verbal, with any other labor organization, employee association or department association which in any way conflicts with the standard initiation fee, periodic dues, provisions of this Agreement. 5.10 Management will permit the Union to affix bulletin boards for its use in communicating with its members at mutually agreeable locations. Material which is not abusive of any person or organization and general assessments of STA during the term which is not disruptive of the MOU. a. In the case of an employee who certifies he/she City’s operations, may be posted or distributed, provided that such material is a member of a bona fide religion, body, or sect that has historically held conscientious objections submitted to joining or financially supporting public employee organizations, such employee shall execute a payroll deduction authorization form furnished Management and also signed by STA, and thereby pay sums equal to the bi-weekly service representation fee to a non-religious, non-labor charitable fund, chosen by the employee from a list of at least three such funds that are exempt from taxation under Section 501(c)(3) authorized officials of the Internal Revenue Code. The list Union and Management of funds shall be provided by the City, and shall be made up of funds for which the City offers payroll deductionsdepartment or division prior to posting. b. The City and STA shall jointly notify all employees occupying classifications in this Bargaining Unit that they are required to pay dues or a service representation fee as a condition of this Section and that such amounts shall be automatically deducted from their paychecks. The religious exemption and the employees' rights under Government Code Section 3502.5 (▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act) shall also be explained. The cost of this communication and the responsibility for its distribution shall be borne by STA.

Bargaining Unit Security. A. Maintenance of Membership Employee payroll deduction authorizations for STA dues are voluntary on SECTION 5.1 This Agreement shall be binding upon the part successors and assignees of the employee but are not subject to unilateral cancellation by the employee parties hereto during the term of the MOU. Employees who are members of STA 30 days after the ratification date of this MOU contract, and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by the City Council consolidation, merger, or annexation, transfer or assignment of either party hereto, or affected, modified, altered, or changed in any respect whatsoever by any change of any kind in the ownership or management of either party hereto, or by any change geographically of place of business of either party hereto. SECTION 5.2 After written notice to the Fire Chief, Bargaining Agent representatives may be granted time off with pay by the Fire Chief to conduct bona fide Bargaining Agent business. SECTION 5.3 The Employer agrees not to discriminate against any employee for his activity on behalf of, or membership in, the Bargaining Unit. SECTION 5.4 All rights and privileges, which are not included in this Agreement currently enjoyed by employees who thereafter become members of STA covered in the pay plan, shall remain members of STA for in full force and effect during the term of this MOUAgreement. This is in no way intended to inhibit the City’s right to make changes in the management of its operations under Article 4, Section 4.4. B. Agency Shop As long as STA can demonstrate SECTION 5.5 The Employer agrees to deduct, bi-weekly, dues and assessments in an amount certified to be correct by the Secretary-Treasurer of the Bargaining Agent, from the pay of those Bargaining Unit members who individually request that it has such deductions be made. The total amount of deductions shall remain in force until canceled by the Bargaining Unit member after giving notice to the Secretary-Treasurer. Any employee who chooses to withdraw from IAFF, Local 157 shall have a 70% ten (10) calendar day time period beginning the first day of January in which to withdraw their membership in the Union, provided the employee presents written notification requesting withdrawal to the Union, and a signed authorization card to the Benefits Division of the Personnel Department within the ten (10) calendar day time period. Costs for the payroll deduction service shall be charged by the City in accordance with the following: (a) The IAFF will be provided with the payroll deduction of membership dues and assessments for the IAFF Local 157. (b) Any extra work or expense incurred by the City because of requests or delays in furnishing information, materials, or supplies by the IAFF, or due to the furnishing of indefinite, erroneous or conflicting data, shall be paid for or borne by the IAFF, the charges to be based on the number of STA dues-paying members in comparison City’s actual cost and will be due and owing to the number City upon delivery of all filled STA positions)an itemized invoice to the IAFF. (c) For normal services contemplated by (a) above, the IAFF shall be charged $250.00 annually, covering the period of this Agreement. The IAFF shall remit the above in 12 equal installments prior to and before the fifth (5th) day of each month. (d) The City shall not be liable either at law or equity for any damages incurred by the IAFF which occurs from the City’s non-performance or delay of the duties and obligations of this Article 5, Section 5, covenant, where such non- performance or delay is due to fire, electrical or machine failure, strike, lock-out, governmental order or regulation, or any other failure similar or dissimilar beyond the City’s reasonable control. SECTION 5.6 The Employer agrees to grant STA an Agency Shop provisiondeduct Insurance Premiums for Bargaining Agent- sponsored insurance from the pay of those Bargaining Unit members who individually request participation. Said Agency Shop provision is subject Sales and service personnel for Union-sponsored insurance must obtain permission from the Fire Chief and schedule the visit with the Station Officer before servicing any accounts. Sales presentations are not allowed on the Employer’s property at any time. SECTION 5.7 The Employer recognizes that members of the Bargaining Unit are entitled to legal defense services as provided for in Titles 11 and 51 of Oklahoma State Statutes. SECTION 5.8 The Official Departmental Personnel File for all persons covered under this Agreement shall be at Fire Department Headquarters. All employees shall be able to view their personnel file at any time during normal office hours, in the following terms and conditions:presence of a Fire Department Administrative staff member. (1a) An employee working in Any time a classification covered by this MOU shallwritten criticism or commendation is entered into an employee’s file, within 30 calendar days of his/her employment, either (1) execute a payroll deduction authorization form as furnished by STA, and hereby become and remain a member in good standing in STA; or (2) pursuant to California Government Code Section 3508.5, pay to STA a bi-weekly service representation fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of STA during the term of the MOU. a. In the case of an employee who certifies he/she is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations, such employee shall execute a payroll deduction authorization form furnished by STA, and thereby pay sums equal to the bi-weekly service representation fee to a non-religious, non-labor charitable fund, chosen by the employee from a list of at least three such funds that are exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. The list of funds shall be provided a copy. (b) Any employee disagreeing with a written criticism placed in their file shall be allowed to have their views regarding such criticisms placed in their file within thirty (30) days. (c) The Fire Chief shall maintain the current policy regarding access to departmental personnel files. (d) Letters of reprimand will be removed from any employees’ file at their request after a period of two years. SECTION 5.9 The President of the International Association of Fire Fighters Local 157 shall be assigned special duty out of the Fire Chief’s office to conduct bona fide Local 157 business. SECTION 5.10 Every year in the third quarter of the fiscal year a Payroll Event Calendar is prepared for the following fiscal year. This schedule reflects by dates the payment of FLSA overtime by cycle, the quarterly uniform payment and the payment of any other special benefit in the CBA identified by the City, parties. This schedule is prepared by the Fire Department and shall be made up of funds presented to the Union for which the City offers payroll deductionstheir input and approval. b. The City and STA shall jointly notify all employees occupying classifications in this Bargaining Unit that they are required to pay dues or a service representation fee as a condition of this Section and that such amounts shall be automatically deducted from their paychecks. The religious exemption and the employees' rights under Government Code Section 3502.5 (▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act) shall also be explained. The cost of this communication and the responsibility for its distribution shall be borne by STA.