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ARTICLE

41.

DUES WITHHOLDING

Section 1 - Eligibility

Any bargaining unit employee may have dues deducted through payroll deductions. Such deductions will be discontinued when the employee leaves the unit of recognition, ceases to be a member in good standing of AFGE, or submits a timely revocation form under the procedures of this Article.

Section 2 - Union Responsibilities

A. The Union agrees to inform management, in writing, of the following:

1. The dues amount(s) or changes in the dues amounts,

2. The names of the local union officials responsible for certifying each employee's authorization form, the amount of dues to be withheld, and changes in allotments, and

3. The name and address of the payee to whom the remittance should be made.

B. The Union agrees to promptly forward completed and certified form(s) to the appropriate Administrative office.

Section 3 - Management Responsibilities

A. It is the responsibility of management to:

1. Process voluntary allotments of dues in accordance with this Article and in amounts certified by the Union,

2. Withhold employee dues on a bi-weekly basis,

3. Transmit remittance to the local allottee designated by the Union in accordance with this Article, as expeditiously as possible at the end of each pay period, together with two (2) copies of a listing containing the following information:

a. The name of the employee and the anniversary date of the effective date of the dues withholding and

b. Identification of active employees for whom allotments have been temporarily stopped and identification of those which are a final deduction because of termination.

B. In the event technology for electronic transfer of funds becomes available, it will be authorized for the transmittal of Union dues.

C. Ensure that bargaining unit employees on dues withholding, who are reassigned from one VA facility to another but remain in the consolidated unit of recognition, will continue on dues withholding. Upon arrival at the new station, the dues withholding will be remitted to the new local at the receiving station at the rate being withheld at the prior station until the fiscal office at the new station receives a notification of a change of rate from the designated union official as described in Section 2.

Section 4 - Procedures for Withholding

Bargaining unit members wishing to have their dues withheld by payroll deduction will submit their completed SF 1187s to the union-designated officials. These officials will certify the form and include the amount of dues to be withheld. The certified SF 1187 will be forwarded to the appropriate Administrative office for processing. Dues withholding will become effective at the beginning of the next pay period if received in the appropriate Administrative office at least three (3) workdays prior to the beginning of that pay period. Questions concerning whether an employee is in the unit of recognition and eligible for payroll deduction of union dues will be resolved through consultations between the Human Resource Manager or designee and local union officials and/or through a unit clarification petition. In the event a clarification of unit petition is filed, the employee's dues will be withheld pending a decision on the petition.

Section 5 - Changes in Dues Amount

At any time there is a change in dues structure, the local will send a memorandum to the appropriate management official noting the amount of the change. The new amounts will be deducted starting the first pay period following receipt by the Fiscal Officer unless a later date is specified. The memorandum must be signed by one of the union officials designated to certify dues withholding forms.

Section 6 - Revocation

A. Employees may revoke their dues withholding only once a year, on the anniversary date of their original allotment, by submitting a timely SF 1188 to the union representatives designated for such purpose. In order for the SF 1188 to be timely, it must be submitted to the Union between the anniversary date of the effective date of the dues withholding and twenty-one (21) calendar days prior to the anniversary date. The union representative must certify by date and signature the date the SF 1188 is given to the union representative or by some other appropriate date stamping device.

B. The union official will, by reference to the remittance listing, determine the anniversary date of the allotment. The ending date of the pay period in which the anniversary date occurs will be entered in Item 6 on the SF 1188. The entry will be initiated by the union official who will then deliver the form to the Fiscal Office prior to the close of business of the Friday following the date entered in Item 6. If, through error of the Union, an SF 1188 is received in the Fiscal Office later than the agreed-to date, the Fiscal Office will process the form at the earliest possible time, but no later than the first pay period following receipt. Union representatives may be in a duty status while receiving and processing the SF 1188 and will be released from normal duties to carry out these duties under local release procedures.

Section 7 - Continuation of Dues

A. When an employee is detailed or temporarily promoted out of the bargaining unit, Union dues withholding will restart automatically when the employee returns to the bargaining unit.

B. Anytime management officials request the Fiscal office in writing to discontinue an employee's dues withholdings because the employee has left the unit of recognition (i.e., promotion and reassignment), a copy of such request shall be provided to the Union. Where a dispute arises over whether or not the person has left the unit, the procedures outlined in Section 4 will be used.

Section 8 - Costs

All payroll deductions and transmittals will be made at no cost to the Union.

Section 9 - New Position Determination

If an employee who is on dues deduction is selected for a new, nonsupervisory position on which the parties do not agree whether it is in or out of the bargaining unit, the employee will remain on dues deduction until a decision is reached either through partnership, ADR, mutual agreement, or the formal CU petition process.





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COMMENTS/SUGGESTIONS TO: Larry Sullins [ email------sullins@mail.va.gov-----]