QUESTION 1: What is the official TWU Policy on non-Members Objectors? TWU of America, AFL-CIO Agency Fee policy: 1. Employees who are members of TWU are eligible to engage in a broad range of activities by virtue of their membership. This includes, for example, the right to run for and vote in Union elections, to vote on ratification of collective bargaining agreements, and to attend and participate in Union meetings and activities that are pertinent to their employment. Employees represented by TWU can elect to be non- members, but if they do, they lose these and other rights and benefits that go along with membership in good standing in TWU. 2. A TWU-represented nonmember employee who is subject to a union security clause conditioning continued employment on the payment of dues or fees -- referred to as “agency fees” for nonmembers -- has the right to object to expenditures by TWU or the employee’s Local Union that are not related to collective bargaining, contract administration, grievance adjustment or other expenditures that are considered “chargeable” to nonmember objectors. A nonmember objector’s agency fees shall be calculated in accordance with this Policy. 3. To become an objector, a TWU-represented nonmember employee shall notify the International Secretary Treasurer in writing of her/his objection by mail postmarked during the month of January in the year for which the employee elects to be an objector. The written notification shall by signed by the employees and include the objector’s current home address and TWU Local Union number, if known. The nonmember objector shall also mail a copy of this notice to her/his Local Union. A nonmember employee who first becomes subject to a TWU union security clause after January in a particular year and who desires to be an objector must submit written signed notification to the International Secretary Treasurer, with copy to the employee’s Local Union, including the objector’s current home address and TWU Local Union number, if known, within thirty (30) days after the employee has become subject to union security obligations and been provided notice of these procedures. a. A current TWU member who chooses to become an objector, must first resign from TWU membership before she/he can file an objection through these procedures. A member who resigns from membership during the course of the year shall have 30 days following resignation in which to elect to become an objector by utilizing the procedures set forth in paragraph 3 above. b. A nonmember employee objector who wishes to again be an objector in a subsequent calendar year must provide notice of objection in the January of the year for which the employee desires to be an objector, in accordance with the procedures in paragraph 3 above. 4. Expenditures in the following categories are among those chargeable to nonmember objectors. a. Negotiation of agreements, practices and working conditions. b. Administration of agreements, practices and working conditions, including grievance handling, all activities related to arbitration, and discussion with employees in the bar gaining unit or employer representatives regarding working conditions, benefits and contract rights. c. Conventions, Union business meetings, and other Union internal governance and related expenses. d. Social activities. e. Publications, to the extent related to chargeable activities. f. Litigation before courts and administrative agencies related to contract administration, collective bargaining rights or other chargeable activities. g. Legislative, executive branch and administrative agency activities on legislative or regulatory matters related to the negotiation or administration of contracts and working conditions. h. Education and training of members, officers and staff intended to prepare the participants to better perform chargeable activities or otherwise related to chargeable activities. i. Activities related to group cohesion and economic action of or by TWU represented employees, e.g., demonstrations, general strike activity, informational picketing. j. Overhead and administration related to or reflective of TWU or TWU Local Union chargeable activities. 5. Expenditures in the following categories arguably are non-chargeable to nonmember objectors: a. Community service and charitable contributions. b. Affiliations with non-TWU organizations. c. Support for political candidates. d. Member-only benefits. e. Lobbying to the extent not chargeable as per paragraph 4.g. above. f. Publications, litigation and for overhead and administration to the extent related to argu ably- non-chargeable activities. g. external recruitment of new members. 6. The TWU Policy on Agency Fee Objections shall be reprinted in each December issue of the EXPRESS . The International shall also send a copy of this Policy to each nonmember who objected during that calendar year to inform such person of the right to elect to again object in a succeeding year. Any Local Union that is required by law to have an agency fee policy, but which has failed to adopt such a policy, shall be deemed to have adopted this “Policy on Agency Fee Objections” as its own, and such Locals shall be identified in the December issue of the EXPRESS. 7. The International shall retain an independent auditor who shall submit an annual report verifying the breakdown of chargeable and arguably non-chargeable expenditures (the “Report”) Similarly, if a Local Union has determined to apply this Policy for its expenditures, the Local Union shall arrange for an independent audit of the breakdown of the Local’s chargeable and arguably non-chargeable expenditures. Any Local Union which fails in a given year to conduct an independent audit of expenditures shall be deemed to have spent the same percentage of its expenditures on chargeable activities as the International expended as reflected in the auditor’s Report. The Report(s) of the independent auditor(s) for the International and, where applicable, the Locals shall be completed promptly after the end of the fiscal year. The most recent Report of the International’s expenditures shall be reprinted in the December issue of the EXPRESS. The Local Union shall provide to the nonmembers it represents a copy of the Report of the break down of the Local Union’s expenditures. 8. The fees paid by nonmember objectors shall be handled as follows: a. Nonmember objectors who pay fees directly and not by checkoff shall pay an amount equal to the full amount of agency fees reduced by the percentage of agency fees as described by the audit Report(s) (described in paragraph 7 above) to arguably non-charge able activities (the latter amount referred to hereafter as the “non-chargeable amount”). An amount equal to 50% of the non-chargeable amount shall be placed in an interest bearing escrow account. b. With regard to nonmember objectors who pay agency fees by check-off, promptly follow ing receipt of the checked-off fees, the non-chargeable amount, both for the International and the Local that is utilizing this Agency Fee Objection Policy, plus an additional 50% of that amount, shall be placed in an interest bearing escrow account. Promptly following each calendar quarter, the non-chargeable amount for the preceding calendar quarter, plus the interest accrued thereon, shall be paid to each such nonmember Objector. c. The International shall bill each Local for he monies return to objectors from escrow in 9. A nonmember objector may challenge the last audited breakdown of chargeable and arguably non-chargeable expenditures contained in the independent accountants’ Report(s) by filing a challenge with the International Secretary-Treasurer, together with notice to the employee’s Local Union, postmarked no later than thirty (30) days after mailing of the December issue of the EXPRESS that includes the Report(s). a. All such timely challenges shall be referred to an impartial arbitrator appointed by the American Arbitration Association (“AAA”) under its rules for impartial determination of Union fees. TWU will request that the AAA appoint an arbitrator to promptly consider and make a determination regarding the challenges in a single consolidated hearing to take place in Washington, D.C.. TWU will provide the AAA with the names and ad dresses of the nonmember objectors who have filed timely challenges. b. Challengers, the International and, if a participant, the Local Union(s) shall each bear its own costs related to the arbitration. The challengers shall have the option of paying a pro rata portion of the arbitrator’s fees and expenses; if they decline that option, the Union parties to the proceeding will pay the full fees and expenses of the arbitrator and not just their pro rata portion of such fees and expenses. c. Challengers may, at their expense, be represented by counsel or other representative of choice. Challengers need not appear at the hearing for their challenges to be considered. Challengers who elect not to appear at the hearing may file written statements with the arbitrator, provided they do so by no later than the beginning of the hearing before the arbitrator. Challengers who appear but elect not to present evidence or otherwise participate in the hearing may also submit written statements at or before the beginning of the hearing. 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 that a Union party then intends to introduce at the arbitration and a list of all witnesses the Union party then intends to call, except for exhibits and witnesses the Union party may introduce for rebuttal. If copies of exhibits have not otherwise been provided, a challenger may request that the Union forward a copy to the requesting challenger(s) during this 14-day pre-hearing period. Copies of all exhibits shall also be available for review by challengers at the hearing. e. A court reporter shall make a transcript of all proceedings before the arbitrator. This transcript shall be the only official record of the proceedings and may be purchased by the challengers. The parties shall be informed when the transcript is available for purchase and/or review. If challengers do not purchase a copy of the transcript, a copy shall be available for purposes of inspection by them at the Union party’s/parties’ headquarters during normal business hours. f. The arbitrator may determine all procedural matters affecting the arbitration consistent with the dual objectives of providing for an informed and an expeditious arbitration. g. Each party to the arbitration shall have the right to file a post-hearing statement by no later than fifteen (15) days after the parties have been provided notice that the transcript has been completed and is available for purchase or review. Neither challengers nor Union parties may include or refer in the post-hearing statements to any evidence that was not previously introduced and accepted by the arbitrator during the arbitration proceeding. h. The arbitrator, taking account of the record presented, shall issue a decision on the challenges to the validity of the auditor’s Report of the “chargeable” percentage of Union expenditures. The arbitrator’s decision shall be issued 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. The decision of the arbitrator shall be final and binding. i. Upon receipt of the arbitrator’s award, the escrowed funds, as referenced above, shall be distributed in accordance with the arbitrator’s decision, with the remaining balance, if any, after any required payments to challengers, returned to the International’s or Local Union’s general funds. 10. The provisions of this Policy on Agency Fee Objections shall be considered legally separable. Should any provision or portion thereof be held contrary to law by a court or tribunal of competent jurisdiction, the remaining provisions or portions thereof shall continue to be legally effective and binding
Posted on: Thu, 17 Oct 2013 19:44:58 +0000
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