Rosemount

 
 

Beck Notice

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

Under the terms of the collective bargaining agreement in effect between Rosemount Center and SEIU Local 500, you are obligated to become a member of the union, and to remain a member, or to pay service fees to the union. If you elect not to join the union and thereby to limit your obligation to the union to the payment of these fees, you will lose all the rights of union membership, including the right to attend union meetings, the right to vote for union officers, and the right to take advantage of other privileges of membership, including a low-interest union credit card, legal services plan, and travel and insurance benefits. Moreover, we believe that the more workers who elect full union membership, the greater strength to improve your wages, hours, and other working conditions through collective bargaining with your employer. However, if you elect to limit your obligation to the union to the payment of agency fees, the union will nevertheless continue to fairly represent you.

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, you have the right to refrain from providing financial support to union activities not germane to collective bargaining and representation. The union has reduced 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 percentage amounts to 90% of the periodic dues. This is based on an average proportion for the last four years, which for the years 2017 through 2020 the percentages were 88%, 90%, 90%, and 92%, averaging 90%. Periodic dues are $18.46 per pay period. Therefore, the 90% representation service fee is $16.61 per pay period. The one-time initiation fee is $20.00 for new members and $18.00 for agency 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.

The 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. The Union is providing you with financial information sufficient for you to assess whether the Union has correctly calculated this percentage. You can find financial documents verified by the Union’s independent Certified Public Accountant, which provide the basis on which the chargeable fair share fee was 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 agency 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 agency 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 agency 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 agency fee 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 agency fee arbitration hearing each year. The arbitrator shall have authority to determine an agency 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., 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.

Procedures for Rebates of Multiple Unit Membership Dues or Agency Fees

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:

 - 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 fees paid for one unit.

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