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Agency Shop Q And A

 
  • What Is Agency Shop?

    • An Agency Shop for employees represented by the International Association of Machinists and Aerospace Workers means that all employees in that unit, as a condition of employment, must either join the Union or pay a monthly service fee to the Union for representation services.
    • An Agency Shop for employees represented by the Long Beach Association of Engineering Employees means that all non-supervisory and supervisory employees, as a condition of employment, must either join the Union or pay a monthly service fee to the Union for representation services.

     

  • Why Will I Have To Pay The Agency Shop Fee?

    • In January 2001, the California Legislature gave public employee organizations the right to petition public agencies to hold agency shop elections. The IAMAW submitted petitions requesting that the City conduct agency shop elections for the five (5) non-supervisory bargaining units eligible to participate: Protection, Office and Technical, Professional, Skilled and General, and Refuse.
    • Three units voted in favor of agency shop: Protection (70% to 30%), Skilled and General (57% to 43%), and Refuse ( 53% to 47%).
    • Two units opposed agency shop: Office and Technical Services (59% to 41%) and Professional (65% to 35%).
    • In May 2006, IAMAW submitted petitions requesting that the City conduct an agency shop election for the Professional Basic bargaining unit. The Professional Basic unit voted in favor of agency shop: (62% to 38%).
    • In July 2007, IAMAW submitted petitions requesting that the City conduct an agency shop election for the Office and Technical Services bargaining unit. The Office and Technical Services bargaining unit voted in favor of agency shop: (65% to 35%).
    • In May of 2008, LBAEE submitted petitions requesting the City conduct agency shops elections for both the Basic and Supervisory units. Both units voted in favor of agency shop (Basic 92.3% to 7.7% and Supervisory 82.8% to 17.2%).

     

  • How Can I Tell If My Position Is Covered By The Agency Shop And Will Have A Deduction From My Paycheck?

     

  • How Much Will The Monthly Fees Be Under An Agency Shop Arrangement?

     

  • When Will Agency Shop Fees Be Deducted From My Paycheck?

    • Just like union membership dues, the Agency Shop fee will be deducted from your paycheck twice each month. One half of the fee will be deducted from the first paycheck of the month. The second half of the fee will be deducted from the second paycheck of the month.
    • Deduction of the Agency Shop fee for the Office and Technical Services unit will begin on September 15, 2007 and will be withheld on the paycheck of October 5, 2007.
    • Deduction of the Agency Shop fee for LBAEE will begin on September 13, 2008, and will be withheld on the paycheck of October 3, 2008.

     

  • What If I Am Already A Union Member And Currently Have Dues Deducted From My Paycheck?

    • The Agency Shop will not effect employees who are already union members.
    • Employees who currently have membership dues deducted from their paychecks will not see a change in their deductions.

     

  • Can I Still Join The Union, Even If My Bargaining Unit Elected The Agency Shop?

    • Yes. An employee always has the right to join the Union and pay the monthly union membership dues.
    • Deductions will be made for either union membership dues or the Agency Shop fee, not both.

     

  • What If I Don't Want To Pay The Agency Shop Fee?

    • Payment of the Agency Shop fee is a Condition of Employment and required as long as the Agency Shop fee is in place and your classification is covered under Agency Shop.

     

  • What If I Object To The Agency Shop Fee For Religious Reasons?

    For IAMAW:

    • Employees who are members of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment.
    • Employees whose conscientious objections are accepted by the IAMAW's legal counsel shall be required, in lieu of periodic dues, initiation fees, or agency fee, to pay through City payroll deduction sums equal to those fees or dues to one of the following: Guide Dogs of America, American Cancer Society or the Unity Way.
    • Employees should contact the IAMAW at (562) 437-7411 for procedures to file a conscientious objection.

    For LBAEE:

    • Employees who are members of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment.
    • Employees should contact the LBAEE, Dave Vasquez at (562) 570-2013 for procedures to file a conscientious objection.
    • What if I object to the portion of the Agency Shop fee that can be used for purposes other than representing employees with the City?

    For IAMAW:

    • Employees have the right to object to the use of funds for purposes other than the representing employees with the City of Long Beach.
    • Employees must notify the IAMAW that they wish objector status during the first 30 days in which the objector is required to pay fees or during a annual 30 day period as established by the IAMAW.
    • Employees should contact the IAMAW at (562) 437-7411 for procedures to file for the objector status.
    • Objectors will have their Agency Shop fee reduced such that only the portion for representation with the City of Long Beach will be deducted.

    For LBAEE:

    • Employees have the right to object to the use of funds for purposes other than the representing employees with the City of Long Beach.
    • Employees must notify the LBAEE that they wish objector status during the first 30 days in which the objector is required to pay fees or during a annual 30 day period as established by the LBAEE.
    • Employees should contact the LBAEE, Dave Vasquez, at (562) 570-2013 for procedures to file for the objector status.
    • Objectors will have their Agency Shop fee reduced such that only the portion for representation with the City of Long Beach will be deducted.

     

  • How Can I Challenge The IAMAW's Calculation Of The Fees?

    • Employees wishing to challenge the calculation of the objector fee should contact the IAMAW at (562) 437-7411 for the appropriate procedures.

     

  • How Can Agency Shop Be Eliminated?

    • Procedures to rescind an Agency Shop are identified in the Meyers-Milias-Brown Act, Section 3502.5 (d):

      (d) An agency shop provision in a memorandum of understanding that is in effect may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding, provided that: (1) a request for that type of vote is supported by a petition containing the signatures of at least 30 percent of the employees in the unit, (2) the vote is by secret ballot, and (3) the vote may be taken at any time during the term of the memorandum of understanding, but in no event shall there be more than one vote taken during that term. Notwithstanding the above, the public agency and the recognized employee organization may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement. The procedures in this subdivision are also applicable to an agency shop agreement placed in effect pursuant to subdivision (b).

     

  • Will Employees Still Be Covered Under The MOU And Be Represented By The Union?

    • Yes. Employees will still be covered by the MOU and the Union will be obligated to represent their bargaining unit regardless if the employees are Union members or pay the agency service fee.