UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF – Proper Uses
Single Topic for Decision 0197E
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803.02000 – Proper Uses
Agency fee payor is not required to support activities which are beyond the union's representational obligations. However, representa- tional obligations extend beyond actual negotiations, contract admini- stration and grievance adjustment; pp. 10-11. Political activity is not beyond union's representational obligation if its underlying purpose is employee representation; p. 15. Lobbying activity concerning legislation on school financing and employee working conditions is legitimate pursuit of representational objectives; p. 15. Union support of or opposition to individual candidates are improper uses of agency fees. Organizational activities with respect to employees covered by EERA are properly funded by agency fees; pp. 18-19. Affiliation dues may be financed from compulsory service fees; p. 19. Union publications may be funded with agency fees where the content of publication is representation oriented; pp. 19-20. fees; p. 19. Union publications may be funded with agency fees where the content of publication is representation oriented; pp. 19-20. is unrelated to its representational duties, which is administered independently of permissible functions, and where the costs of such administration are severable from permissable administrative costs, service fees should not be used to finance them; p. 21. The use of service fees to defend against a charge that union violated its duty of fair representation is not impermissible unless the defense is frivolous or taken in bad faith; p. 31. Group legal services for representation of members and nonmembers alike on employment-related matters only are services toward which nonmembers are properly obligated to contribute through service fees; p. 31. Using agency fees to pay for insurance which is provided free to members is improper. Refund ordered in form of reduction of agency fee; p. 32.