An Agency Fee Payer may object to fees being used for purposes
unrelated to collective bargaining. However, he or she must comply
with the procedures established in Article XXV of the Grand Lodge
Constitution and By-Laws, as follows:
Article XXV
Statement Of Law and Procedures Concerning
Fee Objections
Sec. 1. An individual residing in the United States who is
represented by the Brotherhood, and who has elected to become an
agency fee payer may become an objector to expenditures not related to
collective bargaining, contract administration, or other chargeable
expenditures. An agency fee payer who elects to become an objector
through these procedures, shall pay a reduced fee calculated in
accordance with Section 5 of Article XXV.
Sec. 2. To become an objector, an employe represented by the
Brotherhood shall notify the Grand Lodge Secretary-Treasurer of his or
her objection in a separate envelope by certified mail postmarked
during the month of April each year. An employee who desires to object
but was unable to make a timely objection because he or she was not
subject to a Union Shop Agreement in April must make an objection
within thirty (30) days after becoming subject to Union Shop
obligations and receiving notice of these procedures. The mailing cost
shall be reimbursed. The objection shall be signed and shall contain
the objector's current home address and Local Lodge number, if known.
The objector shall keep the Brotherhood informed of any change in
address. Objections may only be made by individual employes; no
petition objections will be honored. An employee who wishes to
continue an objection in a subsequent twelve (12) month period shall
provide notice of his or her objection each April in the same manner.
Sec. 3. The following categories of expenditure are chargeable to
the extent permitted by law:
a. All expenses concerning the negotiation of agreements, practices
and working conditions;
b. All expenses concerning the administration of agreements,
practices and working conditions, including grievance handling, all
activities related to arbitration, and discussion with employees in
the bargaining unit or employer representatives regarding working
conditions, benefits and contract rights;
c. Convention expenses and other normal union internal governance
and management expenses;
d. Social activities and union business meeting expenses;
e. Publication expenses to the extent coverage is related to
chargeable activities;
f. Litigation expenses related to contract administration,
collective bargaining rights and internal governance;
g. Expenses for legislative and administrative agency activities
closely related to the negotiation or administration of contracts and
working conditions;
h. All expenses for the education and training of members, Officers
and staff intended to prepare the participants to better perform
chargeable activities;
i. All strike fund expenditures and other costs of group cohesion
and economic action, e.g., demonstrations, general strike activity,
informational picketing and the like;
j. A proportional portion of all overhead and administrative
expenses.
Sec. 4. Each March, the Brotherhood shall publish these policies
and procedures in the Journal to provide notice to employees
represented by the Brotherhood of their right to object and the
procedures for objecting. The Brotherhood shall also send a copy of
these policies and procedures to each person who objected the previous
year to inform the person of his or her right to renew the objection
for the current year.
Sec. 5. The Brotherhood shall retain a neutral auditor to perform
an independent audit of the records of the Brotherhood and to submit
an annual report for the purpose of determining the percentage of
expenditures that fall within the categories specified in Section 3.
The amount of the expenditures during the previous fiscal year that
fall within Section 3 shall be the basis for calculating the reduced
dues or fees and assessments that must be paid by the objector for the
current fiscal year. For each objector, an amount shall be placed in
an interest-bearing escrow account equal to the advance reduction
provided the objector, as calculated by the neutral auditor, or such
other amount as the neutral auditor may recommend to assure that the
escrow amounts adequately cover any necessary adjustments in the
calculation of chargeable activities. The auditor shall also verify
the existence and the amounts of money in any escrow accounts.
Sec. 6. The neutral auditor shall complete the report for the
current fiscal year no later than August 31. This report shall include
an analysis of the major categories of union expenses attributable to
chargeable and non-chargeable activities. A copy of the neutral
auditor's report shall be sent to each person who made an objection in
the current and previous year.
Sec. 7. Each person entitled to receive the audit report may
challenge the legal and arithmetic bases of the calculations in the
neutral auditor's report by filing an appeal with the Grand Lodge
Secretary-Treasurer. Such appeal must be made by sending a signed
letter to the Secretary-Treasurer postmarked no later than thirty (30)
days after the date that the audit report was mailed.
Sec. 8. All appeals received by the union within the time limits
specified above shall be determined by expeditious referral to an
impartial arbitrator chosen through the rules of the American
Arbitration Association (AAA) for the impartial determination of union
fees. The Brotherhood shall notify the AAA that challenges to the
calculation of its fees and assessments have been received from one or
more persons and include the names and addresses of the persons who
filed the appeals and who must be notified of the proceedings.
Thereupon, in accordance with its rules, the AAA will appoint an
arbitrator and notify the Brotherhood and the challenger. In addition,
the following rules shall apply:
a. All appeals shall be consolidated and heard as soon as the AAA
can schedule the arbitration and shall be at a location selected by
the AAA to be the most convenient for those involved in the
proceeding.
b. Each party to the arbitration shall bear its or their own costs.
The challengers shall have the option of paying a pro rata portion of
the arbitrator's fees and expenses. The balance of such fees and
expenses shall be paid by the Brotherhood.
c. Challengers may, at their expense, be represented by counsel or
other representative of their choice. Challengers need not appear at
the hearing and shall be permitted to file written statements with the
arbitrator instead of appearing. Such statements shall be filed no
later than the beginning of the hearing before the arbitrator.
Post-hearing statements may be filed in accordance with the provisions
of Section 8(g).
d. Fourteen (14) days prior to the start of the arbitration,
challengers shall be provided with copies of all exhibits or a list of
all such exhibits intended to be introduced at the arbitration by the
Brotherhood and a list of all witnesses the Brotherhood intends to
call, except for exhibits and witnesses the Brotherhood may introduce
for rebuttal. When a list of exhibits has been provided, any
challenger shall have a right to receive copies of such exhibits by
making a written request for them to the Grand Lodge
Secretary-Treasurer. Additionally, copies of all exhibits shall be
available for inspection and copying at the hearing.
e. A court reporter shall make a transcript of all proceedings
before the arbitrator. This transcript shall be the official record of
the proceedings and may be purchased by the challengers. If
challengers do not purchase a copy of the transcript, a copy shall be
available for inspection by challengers at the Grand Lodge during
normal business hours.
f. The arbitrator shall have control over all procedural matters
affecting the arbitration in order to fulfill the dual needs of an
informed and an expeditious arbitration. The arbitrator shall set
forth in the decision the legal and arithmetic bases for the decision,
giving full consideration to the legal requirements limiting the
amount that objectors may be charged.
g. The parties to the arbitration shall have the right to file a
post-hearing statement within fifteen (15) days after both parties
have completed submission of their cases at the hearing. Such
statements may not introduce new evidence or discuss evidence not
introduced in the arbitration. The arbitrator shall issue a decision
within forty-five (45) days after the final date for submission of
post-hearing statements or within such other reasonable period as is
consistent with the AAA rules and the requirements of law.
h. The decision of the arbitrator shall be final and binding on all
findings of fact supported by substantial evidence on the record
considered as a whole and on other findings legally permitted to be
binding on all parties.
i. Upon receipt of the arbitrator's award, any adjustment in favor
of the challenger will be made from the escrow account. Any
adjustments in favor of the union shall be due and owing within thirty
(30) days. An individual failing to pay any adjustments in full
within the prescribed thirty-day period will be considered as being in
non-compliance with provisions of the Union Shop Agreement.
Sec. 9. The provisions of this procedure shall be considered
legally separable. Should any provision or portion be held contrary to
law by a court or an arbitrator, the remaining provisions or portions
thereof shall continue to be legally effective and binding.
An injury to one is an injury to all. |