Trinity Washington

 
 

Beck Notice

NOTICE OF RIGHT TO LIMIT OBLIGATION TO UNION TO PAYMENT OF FEES EQUAL TO INITIATION FEE AND PERIODIC DUES

Commencing upon the effective date of the collective bargaining agreement in effect between Trinity Washington University and SEIU Local 500, unless exempted by Section 9.8(D) of the Agreement, any employee hired by Trinity Washington University for the first time as an employee covered by the agreement, on or after January 12, 2017, (and who does not elect to have dues deducted pursuant to the Agreement) shall, within thirty-one (31) days after his or her initial date of hire, be required to pay an agency fee (a service charge as a contribution toward the cost of administration of this Agreement and representation by the Union). The amount of such agency fee shall be determined by the Union, in accordance with applicable law, as a percentage of full dues uniformly required to be paid as dues and initiation fees by those who choose to become members of the Union under the Agreement.

NOTICE OF RIGHT TO OBJECT TO SUPPORTING UNION ACTIVITIES NOT GERMANE TO COLLECTIVE BARGAINING

If you elect or have elected not to join the union and thereby limit your obligation to the union to the payment of agency fees unless exempted by Section 9.8(D) of the Agreement, you have the right to refrain from providing financial support to union activities not germane to collective bargaining and representation, and the Union has or will reduce your fees proportional to the percentage of the union’s total expenditures that are not germane to collective bargaining and representation. This is identified as a “fair share fee.” SEIU Local 500 has determined that the current fair share fee is 90% of regular dues for members. The current dues rate for members is $40.00 per month for those earning $5,500 or more annually. For those earning less than $5,500 per year, the dues rate is $35.00. Therefore, the fair share fee is currently $36.00 per month for those earning $5,500 or more, and for those earning less than $5,500, the fair share fee is $31.50. The fair share fee is based on the average proportion over the last four years. The initiation fee for members is $20.00, and $18.00 for fair share fee payers.

The fair share 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.

In accordance with our obligations under the law, we are making available to you the financial information sufficient for you to assess whether the union has correctly calculated this percentage. You can find these documents at www.seiu500.org/financials. If you are unable to gain access to the documents online, call or write the Union office, and we will mail a hard copy of the documents to you. If you choose to challenge the union’s determination of the chargeable fair share fee, you must do so by mailing notice of your challenge to Pia 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, and must be postmarked no later than twenty days from the date the union mailed the financial documents to you. 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 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. Defending the representation rights of the union.

  10. Participating in proceedings regarding the jurisdiction of the union.

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

  12. 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.

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

  14. 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.

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

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

  17. Governing the union, and conducting union elections.

  18. Conducting general membership meetings and conventions.

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

  1. Training in or actual voter registration, get-out-the-vote, and political campaigns.

  2. Supporting and contributing to charitable organizations.

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

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

  5. Supporting and contributing to activities concerning foreign affairs.

  6. Members-only benefits.

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

We believe that all of the union’s expenditures, both those germane and those not germane to collective bargaining and representation, benefit you. For example, the union may support the extension of the family and medical leave requirements through legislation rather than collective bargaining. This would benefit all workers. Another example would be lobbying efforts by the union for education benefits or improvements to leave or retirement benefits. These too are for the good of all employees. We, therefore, believe that it is in your interest to be a member.

Procedures for Rebates of Multiple Unit Membership Dues or Agency Fees

If you are employed in more than one bargaining unit covered by a contract with SEIU Local 500, you may request a rebate of dues or agency fees as described below:

-           You must pay membership dues or agency fees in all bargaining units in which you are working.

-           You must apply for the rebate within 30 days following the completion of the semester (Higher Ed), school year (MCPS), or calendar year (DD units).

-           You must apply for the rebate and indicate all places of covered employment.

-           You must work at multiple covered employers during the same time period for which you are requesting a rebate.

-           The Local will retain the highest amount in dues or fee paid for one unit.

-           Allow 2-4 weeks for rebate to be processed.

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 send an email to 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.

Trinity Washington University Adjunct Exemption Categories - In order to retain their appointments, all faculty covered by the collective bargaining agreement must either become a member of SEIU Local 500 or pay the agency fee, unless they fall into one of these exceptions:

Exemption Categories

Category Forms of accepted documentation
1. Employed by Trinity Washington University before January 12, 2017; This exemption category is confirmed by the employer. No action is needed by the employee.
2. Are members of federal, state, or District of Columbia judicial, legislative, or executive branches of government; Written confirmation from the Agency; a copy of ID badge with employee name, employer, and expiration date; a redacted copy of pay stub or other current personnel documentation from Agency listing employee name and term (if applicable).
3. Hold diplomatic or ambassador status; This exemption category is confirmed by the employer. No action is needed by the employee.
4. Are full or part-time employees of the International Monetary Fund or the World Bank Group; Employment contract with name and dates of contract/appointment; a copy of work badge with an expiration date.
5. Are not paid directly by the University and whose services are instead procured through a contractual arrangement between the University and the employee’s primary employer; Could be confirmed by the University or written confirmation of arrangement from Agency/employer specifying the term of the arrangement.
6. Are retired full-time University faculty who have emeritus status; This exemption category is confirmed by the employer. No action is needed by the employee.
7. Are appointed to teach a compressed course (i.e., six weeks or fewer in duration); or This exemption category is confirmed by the employer. No action is needed by the employee.
8. Establish that, due to the nature of their employment outside of Trinity Washington University, they are prevented from paying dues or an agency fee to a labor organization because so doing would inhibit the ability of the employee to perform services for his or her non-University employer. Requests will be reviewed by the Union on a case-by-case basis. Faculty should submit written documentation to support their claim of conflict of interest.