NCC

 
 

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 NCC and SEIU Local 500, Article 34, Union Security:

(a) All employees who are members of the Union on the effective date of this Agreement, or voluntarily join hereafter, shall maintain their membership, or satisfy the financial obligations set by the Union, as a condition of continued employment. All employees covered by this Agreement who are not members of the Union shall, within thirty (30) calendar days of the effective date of this Agreement, become members of the Union or pay to the Union an agency fee as established by the Union, as a condition of continued employment.

(b) All employees hired on or after the effective date of this Agreement shall, within thirty-one

(31) days after employment, become and remain members or become agency-fee payers as a condition of continued employment for the duration of this Agreement.

(c) Upon written notice from the Union, employees who fail to pay such dues or agency fees shall be given thirty (30) days’ notice of termination by NCC. If any employee, within the thirty (30) day period, fails to tender the required dues or fees, and NCC is so informed, the employee’s employment will be terminated by NCC.

(d) Employees who are members of a bona fide religion that has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support the Union. Instead, they shall be required to pay to the Union an equivalent sum which the Union shall donate to non-religious charitable institutions exempt from taxation under Section 501(c) of the Internal Revenue Code. Further, the Union is authorized to charge an employee for the use of said grievance and arbitration provisions of this Agreement consistent with applicable law. The Union also reserves the right to establish and enforce policies and procedures for the implementation of such legal rights.

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. 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 Pia Morrison, President, SEIU Local 500, 12 Taft Court Rockville, Maryland 20850. You should include your name, address, 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 provided notice of your intent to limit your obligation to the Union to payment of agency fees, 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 is 90% of regular dues for members. The current dues rate for members is $18.46 per pay period. Therefore, the fair share fee is $16.61 per pay period. The fair share fee is based on the average proportion over the last four years. For the years 2017 through 2020, those percentages were 88%, 90%, 90%, and 92%, averaging 90%. The initiation fee for members is $20.00 and $18.00 for fair share 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 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 has reduced 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/financials. If you are unable to gain access to the documents on-line, call or write to 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 Pia 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 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 education benefits or improvements to leave or retirement benefits. These too are for the good of all employees. We, therefore, believe that it is in your interest to be a member.

Procedures for Rebates of Multiple Unit Membership Dues or Agency Fees

If you are employed in more than one bargaining unit covered by a contract with SEIU Local 500, you may request a rebate of dues or agency fees as described below:

  • 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.