Article 5 – Union Security and Check Off
Section 1. It shall be a condition of employment that all Unit Core Faculty members covered by this Agreement who are members of the Union in good standing as of its effective or execution date, whichever is later, shall remain members in good standing, and those who are not members in good standing as of the effective or execution date of this Agreement, whichever is later, shall, on or after the thirtieth (30th) calendar day following the later of the effective or execution date, become and remain members in good standing of the Union, or, in lieu of union membership, pay an agency fee, as determined by the Union. The Union agrees to comply with all Massachusetts and Federal law regarding the implementation and notice requirements of agency fees.
Section 2. It also shall be a condition of employment that all Unit Core Faculty members covered by this Agreement who are hired on or after its effective or execution date, whichever is later, shall, on or after the thirtieth (30th) work day following the beginning of such employment either become and remain members in good standing of the Union or pay an agency fee as determined by the Union.
Section 3. The Union may request that a Unit Core Faculty member, who fails to join the Union, maintain Union membership, or pay a representation fee, shall be dismissed. If the Union makes such a request, the Employer shall comply. Prior to any dismissal, the Unit Core Faculty member shall be offered an opportunity within twenty (20) calendar days, following the written notification from the Union to the Employer requesting discharge, to pay the required dues, initiation fees, and/or representation fees that have not been tendered.
Section 4. Payment of Union dues and/or fees may be made via the check-off procedure provided by this Article. It is agreed that the University shall assume no financial or other obligation arising out of the provisions of this Article except as specifically provided in this Article.
Section 5. The Union hereby agrees that it shall indemnify, defend, and hold the University harmless from any claims, actions, or proceedings by a Unit Core Faculty member arising from deductions made by the University hereunder or from the enforcement of this Article.
Section 6. The Employer further agrees to deduct voluntary contributions made by Unit Core Faculty to the SEIU Committee on Political Education (COPE) and to remit said contributions to the COPE at the same time Union dues and agency fees are remitted. Said contributions are strictly voluntary and can be in any amount as determined by the Unit Core Faculty member.
Section 7. Each payday, the University shall deduct from a Unit Core Faculty member’s wages a sum of dues and/or fees owed the Union and authorized under the Federal Labor Law, provided the Unit Core Faculty member has furnished the University a written assignment executed in accordance with law. The Union will provide to the University a suitable form for the authorization of this payroll deduction, and, as to new Unit Core Faculty, the University will include that form in his/her initial employment packet.
Section 8. The Union shall be ultimately responsible for obtaining executed written assignments for such payroll deductions from existing Unit Core Faculty. However, the University shall cooperate with the Union in seeking compliance with this provision by notifying covered Unit Core Faculty at their time of hire of the existence of this Agreement and by providing them with Union membership and pay deduction materials supplied by the Union. Materials voluntarily completed by the Unit Core Faculty member and returned to the University shall be promptly remitted to the Union. On or about the 15th of the month following the deductions, monies so deducted by the University shall be transmitted by mail or electronically to the Union Treasurer or other Union designee. Such deductions shall continue until either the Unit Core Faculty member is not on the payroll of the University or instruction to cease payroll deductions is given in writing by the Unit Core Faculty member to the University Office of Human Resources.
Section 9. The University shall send to the Union via transmission method determined by the Union to an electronic or physical address identified by the Union in writing the following information for each Unit Core Faculty member whether or not deduction is made, at the same time as the University remits all deductions for union dues or representation fees, Union initiation fees and Union assessments made from the wages of Unit Core Faculty for the preceding month:
- Job classification;
- Department;
- Rate of pay and earnings that the dues or representation fee deduction is based on;
- Month the deduction is based on;
- Name;
- Union initiation fees listed separately;
- Union assessments listed separately; and,
- If applicable, the reason Union dues are not deducted.