Article V: Union Dues and Representation-Service Fees
Section A. Union Security
The parties recognize that the proper negotiation and administration of a collective bargaining agreement and the fulfillment by the Union of its statutory duty of representation entail expenses which are appropriately shared by all employees who are beneficiaries of such agreements. To this end and as provided in this Article, in the event an Employee shall not join the Union, the
Article V: Union Dues and Representation-Service Fees
Employee, nevertheless, shall pay to the Union a Representation-Service Fee, which fee shall be in an amount not to exceed the Employee’s pro rata share of the Union’s cost of negotiating and administering a collective bargaining agreement. Dues or Representation-Service Fees shall be tendered or paid to the Union by the method selected on the “Graduate Employees’ Organization Union Membership/ Representation-Service Fee Card” through the procedures set forth in Section C.
Section B. Dues/Fees
Payment of these dues or representation fees, subject to the conditions of this Article, is a condition of employment for all Employees, provided however that the University shall not be obligated to withhold re-employment from an Employee who has formally challenged the amount of the Representation-Service Fee within thirty (30) calendar days following the effective date of the Employee’s appointment until that matter has been resolved.
Section C. Check-Off of Union Membership Dues and Representation-Service Fees
During the term of this Agreement, the University will deduct current Union Dues or Representation-Service Fees from the wages or any other payment processed through and by the University Payroll Department for each Employee who authorizes such deduction by using the deduction authorization card described in Section I of this Article.
Graduate Employees’ Organization Union Membership/Representation-Service Fee cards will be available from the Union.
Following execution of the card, the Employee will submit it to the Union.
In the event the Union fails to perform any of its obligations as required by Article III, No Interference, the University will no longer deduct Representation-Service Fees from the wages or from any other payment processed through and by the University Payroll department as Section (A), Union Security, shall become null and void.
Section D. Email Communications
1. The University will send a targeted email message to newly hired Employees as soon as practicable during the first term of their employment. The message will contain the following language:
In the subject line:
“Important information for newly hired GSIs and GSSAs at the University of Michigan”
In the body of the email:
“You are receiving this automated email because you are a newly hired GSI or GSSA. Graduate Employees in these job categories at the University of Michigan are represented in collective bargaining by the Graduate Employees’ Organization.
The contract negotiated between the University and GEO requires that all GSIs and GSSAs pay either Union Dues or a Representation-Service fee. If you have not already filled out a GEO Union Membership/Representation-Service Fee card, you must do so now. Please contact GEO at (734) 995-0221 or umgeo@umich.edu to get pertinent information about GEO, process this paperwork and authorize automatic deduction from your payroll.”
2. Prior to the date of the paycheck for November, March, June and August, the University will send a targeted e-mail message to Employees who have authorized the deduction of Union Dues or Representation-Service Fees. The message will contain the following language:
In the subject line:
“Your GEO dues or fees will be deducted from your next paycheck”
In the body of the email:
“This email is a reminder that, consistent with your prior authorization to the Graduate Employees’ Organization (GEO), a payroll deduction for Union Dues or a Representation-Service fee will be made from your next paycheck, at a rate specified by the Union to the University. No action is required on your part. For more information, call GEO at (734) 995-0221 or email umgeo@umich.edu.”
On the same schedule outlined above, the University will send a targeted e-mail message to Employees who have not authorized the deduction of Union Dues or Representation-Service Fees. This message will contain the following language:
In the subject line:
“You have not yet authorized the required payment of GEO dues or fees”
In the body of the email:
“The contract negotiated by the Graduate Employees’ Organization (GEO) and the University requires that all GSIs and GSSAs pay either Union Dues or a Representation-Service fee to the Union. In that our records indicate that you have not authorized an automatic payroll deduction for this purpose, you are responsible for direct payment of the amount to the GEO. Individuals who are delinquent in the payment of Union Dues or Representation-Service fees to the union may not be re-hired by the University until any such dues or fees have been paid. You are responsible for contacting GEO immediately to make payment arrangements. For more information, including Dues and Representation-Service fee rates, visit the GEO website at www.umgeo.org or call GEO at (734) 995-0221 or umgeo@umich.edu.”
Section E. Payroll Deduction
Payroll deductions of Union Dues or Representation-Service Fees shall be made from the wages due Employees on the last payday in the months of November, March, June, and August; provided, however, that no deduction shall be made unless, by the fifteenth (15th) of the month during which a deduction is to be made, (1) the Union has certified the Employee’s membership status to the University, and (2) the Union has certified the Employee’s auto-deduction status to the University and (3) the Union has certified the rate of Union Dues and Representation-Service fees to the University as specified in Section H of this Article. The following certification form shall be used by the Union when certifying the membership status and auto-deduction status of an Employee to the University:
“CERTIFICATION OF FINANCIAL OFFICER
I certify that the following Employees, identified by their names and UMID numbers authorize the University to deduct dues from their wages in accordance with the terms of the Agreement holding between the GEO and the University, beginning with term [I,II,IIIA, IIIB,III], [year]:
I certify that the following Employees, identified by their names and UMID numbers authorize the University to deduct Representation-Service fees from their wages in accordance with the terms of the Agreement holding between the GEO and the University, beginning with term [I,II,IIIA,IIIB,III], [year]: [last name, first name, UMID]
In accordance with Section H of this Article, all sums deducted by the University shall be wire transferred to the financial account of the Graduate Employees’ Organization designated by the Financial Officer of the Union. The wire transfer will take place no later than the fifth (5th) working day of the month following the month in which the deductions were made. A list of Employees for whom deductions were taken, including Employee name, UMID, deduction code, deduction date, and the sum of the deducted amount will be remitted via email to the Financial Officer of the Union no later than the fifth (5th) working day of the month following the month in which the deductions were made.
Signed,
Financial Officer, Graduate Employees Organization”
The Union shall provide the University with a Dues and Representation-Service Fee Discrepancy Report listing both under-deductions and over-deductions. This listing shall be provided no later than the fifteenth (15th) of the month following the month in which the deductions were made for Terms II, IIIA, and IIIB. The due date for Term I shall be adjusted to accommodate the adjusted payroll processing schedule each November and December. The University shall confirm the due date for Term I at least thirty (30) days prior to the due date, via an e-mail to the Union. The University shall review the Dues Discrepancy Report and make all appropriate adjustments to payroll deductions in the fourth month of the term. It shall provide an explanation to the Union for any adjustments not made. The University shall remit the net positive amount of sums deducted as stipulated above to the Financial Officer of the Union no later than the fifth (5th) working day of the first month of the term following the term in which the adjustments were made. Any credit due the University will be deducted from the next remittance of dues to the Union. A list of Employees for whom deductions were taken, including Employee name, UMID, deduction code, deduction date, and the sum of the deducted amount will be remitted via email to the Financial Officer of the Union no later than the fifth (5th) working day of the month following the month in which the adjustments were made.
In the event that a payroll deduction for an Employee is processed incorrectly, the University will correct the error for the Employee within three working days of being informed of the error by either the Employee or the Union.
By signing the deduction authorization card described in Section C, an Employee agrees to have her/his Union Dues or Representation-Service Fee deducted from her/his paycheck. An Employee may revoke his or her authorization at any time by submitting written notification to the Union, on a deduction authorization card. The Union Dues or Representation-Service fee payroll deductions shall terminate when the Union certifies to the University that the Employee does not authorize such deductions no later than the tenth (10th) of the month in which deductions are to be made. Thereafter, Section F shall apply.
In the event the Union fails to perform any of its obligations as required by Article III, No Interference, language herein will read as follows in recognition that Section (A), Union Security, shall become null and void:
Payroll deductions of Union Dues shall be made from the wages due Employees on the last payday in the months of November, March, June, and August; provided, however, that no deduction shall be made unless, by the fifteenth (15th) of the month during which a deduction is to be made, (1) the Union has certified the Employee’s membership status to the University, and (2) the Union has certified the Employee’s auto-deduction status to the University and (3) the Union has certified the rate of Union Dues to the University as specified in Section H of this Article. The following certification form shall be used by the Union when certifying the membership status and auto-deduction status of an Employee to the University:
“CERTIFICATION OF FINANCIAL OFFICER
I certify that the following Employees, identified by their names and UMID numbers authorize the University to deduct dues from their wages in accordance with the terms of the Agreement holding between the GEO and the University, beginning with term [I,II,IIIA, IIIB,III], [year]:
All sums deducted by the University shall be wire transferred to the financial account of the Graduate Employees’ Organization designated by the Financial Officer of the Union. The wire transfer will take place no later than the fifth (5th) working day of the month following the month in which the deductions were made. A list of Employees for whom deductions were taken, including Employee name, UMID, deduction code, deduction date, and the sum of the deducted amount will be remitted via email to the Financial Officer of the Union no later than the fifth (5th) working day of the month following the month in which the deductions were made.
Signed,
Financial Officer, Graduate Employees Organization”
The Union shall provide the University with a Dues Discrepancy Report listing both under-deductions and over-deductions. This listing shall be provided no later than the fifteenth (15th) of the month following the month in which the deductions were made for Terms II, IIIA, and
IIIB. The due date for Term I shall be adjusted to accommodate the adjusted payroll processing schedule each November and December. The University shall confirm the due date for Term I at least thirty (30) days prior to the due date, via an e-mail to the Union. The University shall review the Dues Discrepancy Report and make all appropriate adjustments to payroll deductions in the fourth month of the term. It shall provide an explanation to the Union for any adjustments not made. The University shall remit the net positive amount of sums deducted as stipulated above to the Financial Officer of the Union no later than the fifth (5th) working day of the first month of the term following the term in which the adjustments were made. Any credit due the University will be deducted from the next remittance of dues to the Union. A list of Employees for whom deductions were taken, including Employee name, UMID, deduction code, deduction date, and the sum of the deducted amount will be remitted via email to the Financial Officer of the Union no later than the fifth (5th) working day of the month following the month in which the adjustments were made.
In the event that a payroll deduction for an Employee is processed incorrectly, the University will correct the error for the Employee within three working days of being informed of the error by either the Employee or the Union.
By signing the deduction authorization card described in Section C, an Employee agrees to have her/his Union Dues deducted from her/his paycheck. An Employee may revoke his or her authorization at any time by submitting written notification to the Union, on a deduction authorization card. The Union Dues payroll deductions shall terminate when the Union certifies to the University that the Employee does not authorize such deductions no later than the tenth (10th) of the month in which deductions are to be made.
Section F. Delinquent Payment of Union Dues or Representation-Service Fees
An Employee shall be declared ineligible for future employment as a GSI or GSSA under Section B under the following circumstances:
1. The Union first has notified the Employee by letter, explaining that the Employee is delinquent in not tendering either Union Dues or the Representation-Service Fee, and specifying the current amount of such delinquency, and warning the Employee that unless such dues or Representation-Service Fee are tendered within ten (10) calendar days, the delinquent Employee will be reported to the University and shall not be re-employed effective at the end of the current employment period as provided in this Article;
2. The Union has furnished the University with written proof that the procedure of Paragraph 1 of this Section has been followed or the University has been supplied with a copy of the letter sent to the Employee.
3. The Union has specified further, when notifying the University not to reemploy the Employee, the following by written notice:
“The Union certifies that (Name), (UMID), (employing department) has failed to tender either Union Dues or the Representation-Service Fee, or formally challenged the amount thereof, as required as a condition of continued employment under the collective bargaining agreement. Therefore, under the terms of the Agreement, the University shall not re-employ the Employee without the expressed consent of the Union.”
The Union shall send a list of all delinquent individuals thus identified to the Dean of each College at the beginning of every month with the stipulation that these individuals may not be re-hired until any owed Union Dues or Representation-Service Fees have been paid. The list will be forwarded to the parties responsible for making hiring decisions in each hiring unit. The Union will, at the University’s request, notify relevant persons any time a change has been made to an individual’s hiring eligibility as affected by this Article.
Section G. Delinquent Payment Procedure Timeline
The procedure set forth in Section E of this Article may be initiated by the Union for any delinquent Employee only at the following times:
1. On or after November 1, for an Employee delinquent during Term I.
2. On or after March 1, for an Employee delinquent during Term II.
3. On or after June 1, for an Employee delinquent during Term IIIA.
4. On or after August 1, for an Employee delinquent during Term IIIB.
Section H. Rate Certification, Amount, and Remittance
The following certification and address for remittance form shall be used by the Union when certifying the rate of the Union Dues and the Representation-Service Fee, the address of remittance and any changes therein:
“CERTIFICATION OF FINANCIAL OFFICER
I certify that the Union Dues rate for the Graduate Employees’ Organization is ___% (percent) of the full time equivalent salary and the Representation-Service Fee rate for the Graduate Employees’ Organization is ___% (percent) of the full time equivalent salary in November and March. The Union Dues rate for the Graduate Employees’ Organization is ___% (percent) and the Representation-Service Fee rate for the Graduate Employee’s Organization is ___% (percent) of the full time equivalent salary in June and August.
Signed,
Financial Officer, Graduate Employees Organization”
The amount of Union Dues and Representation-Service Fee for the Graduate Employees’ Organization will be determined by multiplying individual Employee’s full time equivalent salary rate by the certified Union Dues or Representation-Service Fee rate and by the individual Employee’s employment fraction. Certification of changes to the rate of Union Dues and Representation-Service Fee and remittance address shall be delivered to the University at a place designated by the University no later than ninety (90) days before the change will become effective. Such changes are limited to not more than two (2) occurrences annually.
The University shall not be liable to the Union for the remittance or payment of any sum other than that which constitutes actual deductions.
In the event the Union fails to perform any of its obligations as required by Article III, No Interference, language herein will read as follows in recognition that Section (A), Union Security, shall become null and void:
The following certification and address for remittance form shall be used by the Union when certifying the rate of the Union Dues, the address of remittance and any changes therein:
“CERTIFICATION OF FINANCIAL OFFICER
I certify that the Union Dues rate for the Graduate Employees’ Organization is ___% (percent) of the full time equivalent salary in November and March. The Union Dues rate for the Graduate Employees’ Organization is ___% (percent) of the full time equivalent salary in June and August.
Signed,
Financial Officer, Graduate Employees Organization”
The amount of Union Dues for the Graduate Employees’ Organization will be determined by multiplying individual Employee’s full time equivalent salary rate by the certified Union Dues rate and by the individual Employee’s employment fraction. Certification of changes to the rate of Union Dues and remittance address shall be delivered to the University at a place designated by the University no later than ninety (90) days before the change will become effective. Such changes are limited to not more than two (2) occurrences annually.
The University shall not be liable to the Union for the remittance or payment of any sum other than that which constitutes actual deductions.
Section I. Deduction Authorization Card
Graduate Employees’ Organization
Union Membership / Representation-Service Fee Card
Name_________________________________________
Employing Department___________________________
Enrolled Department ____________________________
UMID#_ _ _ _ _ _ _ _
Email Address of Employee________________________
Address of Employee____________________________
The contract negotiated by the GEO and the University requires that all Employees receiving benefits from the contract pay either Union Dues or a Representation-Service fee. This card is for that purpose. The GEO is the legal collective bargaining unit for all Graduate Student Instructors and Staff Assistants at the U of M. This means the University is obligated to bargain a contract with us concerning our pay, benefits, including tuition waivers, and working conditions. The GEO also represents any GSI or GSSA (regardless of membership status) in grievances regarding their employment.
Union membership allows you to participate in all levels of the Union’s decision-making processes, including voting. To become a member you must check the box marked “Union Dues”.
Please Check One:
Union Dues (Member)____
Representation-Service Fee (Non-Member)____
Your Union Dues or Representation-Service fee will typically be deducted from your paycheck in the third month of your full-term appointment. Authorization of deduction shall be effective whenever you are employed as a GSI or GSSA, unless revoked by you. You may voluntarily revoke previously authorized payroll deductions by submitting written notification to the Union.
Signature of Employee________________________
Date of Signing ____/____/____
If you have, in the past, filled out and returned one of these cards, you need not do it again.
Revised 2008
Section J. Compliance with Article III
The rights, responsibilities, and obligations set forth in Sections (A), (B), (D), (F), (G) and (I) of this Article are specifically conditioned upon the Union’s compliance with Article III, No Interference. If the Union fails to perform any of its obligations as required by Article III, the Employer shall inform the Union of its failure in writing. Effective immediately upon such notice, Article V, Union Dues and Representation-Service Fees, Sections (A), (B), (D), (F), (G) and (I), shall become null and void. Effective immediately upon such notice, Article V, Union Dues and Representation-Service Fees, Sections (C), (E), and (H) shall no longer apply to Representation-Service Fees as set forth in those sections respectively. This specifically includes, but is not limited to, the requirement set forth in Section B that payment of union dues or representation fees is a condition of employment for all Employees.
Section K. Indemnification
The Union shall indemnify and save the University harmless from any liability resulting from any and all claims, demands, suits or any other action arising from compliance with this Article, or in reliance on any notice, certification or authorization furnished under this Article. The Union specifically agrees to indemnify and hold the University harmless for any liability arising under MCL 423.210, as amended effective 91 days after adjournment of the 2012 regular session sine die, including but not limited to damages, court costs and reasonable attorney fees awarded to a plaintiff under MCL 423.210(10).
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