§89-4  Payroll deductions.  (a)  Upon
receiving from an exclusive representative a written statement specifying the
amount of regular dues required of its members in the appropriate bargaining
unit, the employer shall deduct this amount from the payroll of every member
employee in the appropriate bargaining unit and remit the amount to the
exclusive representative.  Additionally, the employer shall deduct an amount
equivalent to the regular dues from the payroll of every nonmember employee in
the appropriate bargaining unit, and shall remit the amount to the exclusive
representative; provided that the deduction from the payroll of every nonmember
employee shall be made only for an exclusive representative which provides for
a procedure for determining the amount of a refund to any employee who demands
the return of any part of the deduction which represents the employee's pro
rata share of expenditures made by the exclusive representative for activities
of a political and ideological nature unrelated to terms and conditions of
employment.  If a nonmember employee objects to the amount to be refunded, the
nonmember employee may petition the board for review thereof within fifteen
days after notice of the refund has been received.  If an employee organization
is no longer the exclusive representative of the appropriate bargaining unit,
the deduction from the payroll of members and nonmembers shall terminate.



(b)  The employer shall, upon written
authorization by an employee, executed at any time after the employee's joining
an employee organization, deduct from the payroll of the employee the amount of
membership dues, initiation fees, group insurance premiums, and other
association benefits and shall remit the amount to the employee organization
designated by the employee.



(c)  The employer shall continue all payroll
assignments authorized by an employee prior to July 1, 1970 and all
assignments authorized under subsection (b) until notification is submitted by
an employee to discontinue the employee's assignments. [L 1970, c 171, pt of
§2; am L 1981, c 180, §1; am L 1982, c 100, §1; gen ch 1985]



 



Revision Note



 



  "July 1, 1970" substituted for "the effective
date of this chapter".



 



Case Notes



 



  Where plaintiff maintained that defendant union provided
inadequate information to nonmembers prior to making union payroll deductions
pursuant to this section in violation of Chicago Teachers Union v. Hudson,
defendants were preliminarily enjoined from taking any action to demand and/or
collect from plaintiff and class members, by any means, agency fees and from
taking any other action to enforce subsection (a), until a mechanism for
withdrawing agency fees that was in compliance with Hudson was devised by the
parties and approved by the court.  269 F. Supp. 2d 1252.



  Section held to be constitutional on its face since
regulation of labor relations of state and local governments has been left to
the states.  437 F. Supp. 368.



  In the certification process for collective bargaining
service fees, union not acting under color of state law.  472 F. Supp. 1123.