American University Graduate Student Employees

 
 

Beck Notice

The Collective Bargaining Agreement between American University and SEIU Local 500, applying to Graduate Students Employed by American University (“GSEAU”), provides that any GSEAU who becomes affiliated with American University in a graduate degree program for the first time on or after December 20, 2018, and who does not pay dues directly to SEIU Local 500 or elect to voluntarily have dues deducted pursuant to Section 9.6(A) of the Agreement, shall, within thirty-one (31) days after his or her initial date becoming a GSEAU subject to the Collective Bargaining Agreement, be required to pay an agency fee (a service charge as a contribution toward the cost of administration of the Collective Bargaining Agreement and representation by the Union.

American University may impose a penalty of $300 for a GSEAU who is required to but who failed to either join the Union or pay the agency fee.

If you have chosen to be a non-member of the union, and you do not fall into an Exemption Category as described in section 9.6 (D) of the Labor Agreement, you will be charged a reduced fee proportional to the percentage of the union’s total expenditures that are not germane to collective bargaining and representation. This fee is identified as a “fair share,” or “agency,” fee, which SEIU Local 500 has determined is currently 90% of regular dues for members.

The Exemption Categories include any GSEAU who was affiliated with American University in a graduate degree program on or before December 20, 2018. Also exempt from paying dues or agency fees are any GSEAU who receives wages for less than the entire semester or is regularly scheduled to work fewer than ten (10) hours a week, or the GSEAU can demonstrate that due to the nature of his or her employment outside of American University, the payment of dues or fees would inhibit the ability of the GSEAU employee to perform services for his or her non-University employer.

The fair share, or agency fee rate, is based on an average proportion for the last four years, which, for the years 2018 through 2021, the percentages were 90%, 90%, 92%, and 87%, averaging 89.75%. The current dues rate for members is $17.50 per pay period. Therefore, the fair share rate is $15.71 per pay period. The initiation fee for membership is $20.00, and the initiation fee for agency or fair share payers is $17.95.

Effective January 1, 2024, the dues rate will remain $17.50 per pay period. The fair share, or agency fee rate, is based on an average proportion for the last four years, which, for the years 2019 through 2022, the percentages were 90%, 92%, 87%, and 86%, averaging 88.75%. The current dues rate for members is $17.50 per pay period. Therefore, the fair share rate is $15.71 per pay period. The initiation fee for membership is $20.00, and the initiation fee for agency or fair share payers is $17.75.

The fair share, or agency fee, has been calculated based on the union’s expenditures for collective bargaining, grievances, and arbitrations, contract administration, and representation, as well as other relevant matters affecting the terms and conditions of your employment. You can find financial documents verified by the union’s independent Certified Public Accountant, which provide the basis on which the chargeable fair share fees were calculated, at www.seiu500.org/financials. If you do not have the ability to gain access to this information online, you can obtain a hard copy of the financial documents by calling or writing the Union office and requesting a copy. If you choose to challenge the union’s determination of the chargeable fair share fee rate, you must do so by mailing notice of your challenge to PierAngeli Morrison, President, SEIU Local 500, 901 Russell Ave, Suite 300, Gaithersburg, Maryland 20879. Your challenge must indicate that you are dissenting from the union’s determination of the chargeable fair share fee rate and must be postmarked no later than twenty days from the date the union mailed the enclosed financial documents to you. Your challenge does not excuse you from paying an agency fee. Any amount of allegedly nonchargeable expenses reasonably in dispute and under challenge will be kept in a separate interest-bearing escrow account. All disputes regarding the fair share fee established by the union will be resolved through an arbitration procedure administered by the American Arbitration Association, in which an impartial arbitrator, following a hearing, will determine any challenges to the Union’s criteria, expenditures, and conclusion regarding the fair share payment. No later than the next November 30, SEIU Local 500 will notify the AAA of all challenges received by that date. The AAA will then schedule a single consolidated hearing for all such challenges pursuant to its rules for impartial determination of union fees (copies available from AAA), and advise you and any other challengers of the identity of the arbitrator independently selected by the AAA to adjudicate the dispute. The AAA will then notify you and the union of the date on which a hearing will be held. The union will bear the cost of the arbitrator’s fees. However, each party is responsible for bearing its own legal costs, including acquiring transcripts and any and all additional expenditures due to preparing and/or presenting its case. There shall be no more than one fair share arbitration hearing each year. The arbitrator shall have the authority to determine a fair share fee and order any adjustments therein and refunds to the challenging employees or to the union from the interest-bearing escrow account, which in the opinion of the arbitrator, are warranted. The union will provide a verbatim transcription of the hearing and pay for a copy of the transcript for the arbitrator, as well as a copy for the union.

The fair share fee reflects your share of the Union’s expenditures for collective bargaining, grievances, and arbitrations, contract administration, and representation, as well as other matters germane to collective bargaining and relevant matters affecting the terms and conditions of your employment. The categories of activity that have been included in calculating your fair share fee include the following criteria, which have been approved by the courts:

  1. Gathering information from employees concerning collective bargaining proposals.

  2. Gathering information in preparation for the negotiation of collective bargaining agreements.

  3. Negotiating collective bargaining agreements.

  4. Adjusting grievances and conducting arbitrations pursuant to collective bargaining agreements, as well as representing employees under employment-related laws or regulations.

  5. Conducting ratification proceedings for negotiated agreements.

  6. Providing information on the negotiations or provisions in collective bargaining agreements, as well as on matters relating to representation in the collective bargaining process and contract administration.

  7. Purchasing books, reports, and advance sheets used in matters relating to representation in the collective bargaining process and contract administration.

  8. Paying technicians and professionals in labor law, economics, and other subjects for services used in (a) negotiating and administering collective bargaining agreements and (b) processing grievances and conducting arbitrations.

  9. Publishing those portions of newspapers and newsletters which relate to bargaining and representation.

  10. Participating in lawful impasse procedures and fact-finding, mediation, arbitration, and economic action intended to secure favorable collective bargaining agreements and favorable resolution of grievances.

  11. Prosecuting and defending litigation or charges before administrative agencies relating to ratification, interpretation, or enforcement of collective bargaining agreements.

  12. Supporting and paying affiliation fees to SEIU and subordinate bodies of the SEIU to the extent that such support and fees relate to the representational interests of the union in the collective bargaining process and contract administration.

  13. Prosecuting and defending litigation or charges relating to concerted activity, the duty of fair representation, and collective bargaining process and contract administration.

  14. Providing social and recreational activities open to all represented employees.

  15. Governing the union and conducting union elections.

  16. Conducting general membership meetings and conventions.

  17. Lobbying directed to ratifying or implementing the collective bargaining agreement.

  18. Payments for insurance, medical care, retirement, disability, and death-related benefits pro-rated with salaries for persons paid for services in carrying out the representational interests of collective bargaining and contract administration.

  19. Operating and administrative costs, with expenses such as rent, utilities, automobiles, etc., are pro-rated for the portion pertaining to collective bargaining.

The fair share fee does not include any expenses, either direct or indirect, for the following activities:

  • Training and voter registration, get-out-the-vote, and political campaigns.

  • Supporting and contributing to charitable organizations.

  • Supporting and contributing to political organizations and candidates for public office.

  • Supporting and contributing to ideological causes and committees, including ballot measures.

  • Supporting and contributing to activities concerning foreign affairs.

  • Members-only benefits.

  • Litigation not related to bargaining unit matters, collective bargaining, and representation.

  • Lobbying that is not directed toward ratifying or implementing the collective bargaining agreement.

Beginning January 1, 2016, those employees who are employed in more than one bargaining unit represented by SEIU Local 500, who are paying membership dues or agency fees to SEIU Local 500 for more than one contract, are entitled to request and receive a rebate from SEIU Local 500 for those dues and/or fees in accordance with the following:

Employees must pay membership dues or agency fees in all covered units through payroll deduction.

  • Employees must work at multiple covered employers during the same time period for which the employee is requesting a rebate.

  • Employees must apply to SEIU Local 500 for the rebate within 30 days of the completion of the semester (Higher Education), school year (K-12), or calendar year (Human Services or Nonprofit), and indicate all places of covered employment.

  • The rebate will consist of all paid dues or fees except for the employment under which the employee pays the highest amount for the period.

Requesting an Exemption and How the process works:

  • Employees who believe they are covered by an exemption category listed below must complete and submit the online authorization form to request an exemption.

  • If you need to send documentation based on the requirements below, please email joinus@seiu500.org and attach the necessary documentation.

  • You will receive a confirmation email if your exemption request is approved or if further documentation is necessary. The confirmation email will contain an expiration date for your exemption request. Depending on the type of exemption, you may need to renew your exemption request once a semester.

 

American University Graduate Student Exemption Categories

Category Forms of accepted documentation
1. Was affiliated with American University in a graduate degree program on or before December 20, 2018; This exemption category is confirmed by the employer. No action is needed by the employee.
2. Receives wages for less than the entire semester; This exemption category is confirmed by the employer. No action is needed by the employee.
3. Is regularly scheduled to work fewer than ten (10) hours a week; or This exemption category is confirmed by the employer. No action is needed by the employee.
4. The GSEAU can demonstrate that due to the nature of his or her employment outside of American University so doing would inhibit the ability of the GSEAU employee to perform services for his or her non-University employer. Graduate Students should submit written documentation to support their claim of conflict of interest.