+ Learn How Your Dues Are Calculated (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 CMS and SEIU Local 500, as authorized by federal law, all direct care aides who are regularly scheduled to work twenty (20) or more hours per week, and drivers at CMS’s District of Columbia group homes, upon completion of their probationary period, must, as a condition of continued employment, become members in the Union and maintain their membership in good standing, or pay to the Union each month a service charge (“fair share” or “agency fee”) as a contribution toward the cost of administration of this Agreement and representation by the Union.

If you are obligated to become a member of the union or to pay agency fees to the union , and you elect not to join the union or join and later resign from the union and thereby 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 are obligated to either become a member or to pay agency fees, and you elect to limit your obligation to the union to the payment of agency fees; or if you are not obligated to become a member or to pay agency fees, and you elect to not become a member; the union will nevertheless continue to fairly represent you. If you wish to so limit your obligation, you must inform the union in writing, as described below, within 30 days of the date you have received this notice, by sending notice of your decision to PierAngeli Morrison, President, SEIU Local 500, 12 Taft Court, Rockville, Maryland 20850. You should include your name, address, unique identification number assigned by the Employer, job title, and work location. Although it is not required, you may consider sending the notice by certified mail, for your own protection.

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. If you provide notice of your intent to limit your obligation to the union to payment of agency fees, the union 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 an “agency fee” or “fair share fee.” SEIU Local 500 has determined that the current fair share fee is 89% of regular dues for members. The fair share fee is based on the average proportion over the last four years. For the years 2015 through 2018 those percentages were 88%, 90%, 88%, and 90%, averaging 89%. The current dues rate for members is determined by multiplying an employee’s hourly rate by the number of hours the employee is scheduled to work, times 2.0 percent (hourly rate x # of hours scheduled to work x 2% = dues rate). Therefore, the fair share fee is calculated by multiplying the employee’s hourly rate by the number of hours the employee is scheduled to work, times 2.0 percent, times 89% (hourly rate x # of hours scheduled to work x 2% x 83.3% = current fair share fee rate). The initiation fee, for membership is $20.00 and the initiation fee for agency fee payers is $17.80.

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.

As an agency fee payer, the union will reduce your fees proportional to the percentage of the union’s total expenditures that are not germane to collective bargaining and representation. 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/financial. If you are unable to gain access to the documents on-line, 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 Merle Cuttitta, President, SEIU Local 500, 901 Russell Avenue, 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 improvements to retirement benefits. This too is for the good of all employees. We therefore believe that it is in your interest to be a member.