ARTICLE 40. Payroll Deductions
A. General Conditions
1. Upon receipt of a written individual employee authorization from the Union or an employee covered by this Agreement on a form mutually agreed to by the parties, the University will deduct from the pay due such employee the percentage amount certified by the Union to be the dues required for the employee’s
membership in the Union.
2. The amount of dues or agency fee deducted from an employee’s paycheck will be calculated by the University on the bas i s of information provided by the Union, in wri ting, concerning its dues or agency fee structure.
3. The Union agrees to reimburse the University for all costs actually incurred by the University as a result of changes made by the Union in the structure or method of calculations of the Union’s dues or agency fee during the term of this Agreement.
4. The Union agrees to hold the University harmless from liability for any errors in withholding or transmitting dues or agency fees except for liability to the Union for monies actuaLly withheld, but not transmitted. The Union further agrees to refund to the University any overpayment of money made to the Union pursuant to this Article through error or oversight on the part of the University.
5. The University agrees to send a check along with the UCSB Payroll Processing S tandard Deduction Report to the Union for all dues and agency fees for employees covered by this agreement. The cost of processing the check shall be Ten Dollars ($10.00). In addition, the University will charge the Union an administrative fee of seven cents ($0.07) that cove rs reporting and calculation functions for each employee with in unit earnings.
B. Union Security
The authorization for dues deduction shall remain in full force and effect during the life of this Agreement, provided, however, that any employee may withdraw from the Union by delivering a signed withdrawal letter to the Manager of Employee & Labor Relations in Human Resources and mailing a certified copy to the Union thirty (30) calendar days prior to the expiration of this Agreement.
C. Agency Fees
Upon written notification to the University of the amount of agency fees by the Union, employees who choose not to become dues paying members of the Union, shall be required to pay an agency fee as a continued condition of employment. The amount of the agency fee shall be determined by the Union and shall not exceed the dues that are payable by members of the Union. The amount of the fee shall be deducted by the University from the wages or salary of the employee earned in the unit and paid to the Union.
D. Exemption from Agency Fee
The Union will be responsible for determining whether or not an employe qualifies as a conscientious object or and will then notify the University accordingly. Upon notification by the Union that an employee qualifies for conscientious objector status, the University will deduct an amount equivalent to the agency fee deduction from the employee’s paycheck and remit these monies to one of the designated charities chosen by the employee from the pre-approved list. The University and the Union have designated the following list of non-religious, non-labor charitable funds exempt from taxation under the Internal Revenue Service code for the employee to choose from: American Cancer Society, American Heart Association, or Make a Wish Foundation
In the event that the agency fee or “fair share” provisions of the Higher Education Employer-Employee Relations Act (amendments to HEERA by SB 645, 19 99 ) are declared invalid or void by statute or judicial decision, the parties agree that the understandings codified in this Article regarding agency fees will be null and void. It is the express intention of the parties that all o ther provisions of this Article not declared invalid or void shall remain in full force and effect.