2019 - 2023 Local 39 Memorandum of Understanding:   Article 24: Union Membership

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• 24.1 Union Dues
• 24.2 Payroll Deductions and Pay Over
• 24.3 Separation from Unit
• 24.4 Notice of New Employees and New Employee Orientation
• 24.5 Hold Harmless

Read Next: Article 25: Full Understanding and Separability

The parties to this Memorandum of Understanding mutually understand and agree all employees subject to this agreement have the right to join or not join the Union.

The County shall deduct union dues from the employee’s paycheck upon receipt of written certification from the Union that the Union has received and has on file the employee’s voluntary authorization for the deduction.

1. If employees authorize the deduction of union dues it is understood that the dues will be deducted starting from the first day of the pay period following receipt of the certification.
2. The employee’s earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues authorization.  When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings.  In case of an employee who is in non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions (including health care deductions) have priority over Union dues.
3. Should there be a dispute regarding the deduction of dues, the Union shall provide the County with a copy of the authorization(s) signed by the employee.

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1. All sums deducted by the County shall be transmitted to the Union by electronic fund transfer to an account specified by the Union, by the tenth (10) calendar day following the pay period when the deductions were made.
2. Upon written request from the Union, the County agrees to provide the Union with an electronic file that shows a list of names and the amount deducted for each employee for whom a deduction was made.

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The provisions of Section 24.1 above shall not apply during the first full pay period, and including any full pay periods, of separation from the eligible bargaining unit by any employee otherwise subject to that Article but shall reapply to such employee following the first full pay period following the return of the employee to the bargaining unit and receipt of the Union’s certification that the employee has authorized renewal of the dues deduction. The term “separation” includes layoffs, transfer out of the covered bargaining units by request, promotion, demotion, reclassification or for any other lawful reason, and leaves of absence of a duration of more than one (1) full pay period, whether paid or unpaid and for any reason, including disability.

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1. Employee Information
   
   The following provisions will apply regarding notice of new employees:
   
   The County shall provide the Union with an electronic list of the following information for new employees each pay period:
   1. employee’s full name,
   2. employee status (FT/PT/EH),
   3. hire date,
   4. department,
   5. job title,
   6. hourly rate,
   7. assigned work location,
   8. phone number (home, cellular, and work),
   9. email address (personal), and
   10. address (home and mailing).
   
   In addition, the County agrees to provide an electronic list to the Union of the employee information above for all Bargaining Unit employees for each pay period.
2. New Employee Orientation
   1. The County shall notify new employees represented by Union that Local 39 is the recognized employee organization for the employee’s classification.  Within 30 days of hire into a Local 39 Bargaining Unit, the Union shall have the opportunity to make a 30-minute presentation at each new employee orientation program presented by the County Human Resources Department.  The County shall notify the Union of an employee orientation at the earliest opportunity but no later than ten (10) calendar days in advance, except that a shorter notice may be provided in specific instance where there is an urgent need critical to the County’s operations that was not reasonably foreseeable. In addition, the County shall provide the Union an electronic list of expected participants at the earliest opportunity but no later than seventy-two (72) hours in advance of the employee orientation. Each new employee shall receive a copy of the Union’s standard introductory packet, copies of which shall be provided by the Union.
   2. The County shall provide the Union a copy of the sign-in sheet, including the bargaining unit, within five (5) business days after each new employee orientation program presented by the County Human Resources Department.
   3. Within ninety (90) days of hire into the Local 39 Bargaining Unit, an employee who does not attend the orientation program presented by the County Human Resources Department, upon the Union request, shall be authorized for County release time to attend a 30-minute make-up session with the Union during regular working hours onsite.
   4. The County shall provide thirty (30) minutes of County paid release time and a reasonable amount of paid release time for necessary travel for a Local 39 Shop Steward to present on the Union’s behalf at each new employee orientation and for each make-up session.  A shop steward shall be selected by the Union.

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The Union shall defend, indemnify, hold harmless, release and save the County, its agents and employees, from and against any and all claims, demands, suits, orders, judgments, expenses or other forms of liability arising out of or in connection with this Article and/or any action taken or not taken by the County and/or the Union under this Article. This Section shall be in addition to any other remedy available to the County under this contract or provision of law.

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