§89-4  Payroll deductions.  (a)  Uponreceiving from an exclusive representative a written statement specifying theamount of regular dues required of its members in the appropriate bargainingunit, the employer shall deduct this amount from the payroll of every memberemployee in the appropriate bargaining unit and remit the amount to theexclusive representative.  Additionally, the employer shall deduct an amountequivalent to the regular dues from the payroll of every nonmember employee inthe appropriate bargaining unit, and shall remit the amount to the exclusiverepresentative; provided that the deduction from the payroll of every nonmemberemployee shall be made only for an exclusive representative which provides fora procedure for determining the amount of a refund to any employee who demandsthe return of any part of the deduction which represents the employee's prorata share of expenditures made by the exclusive representative for activitiesof a political and ideological nature unrelated to terms and conditions ofemployment.  If a nonmember employee objects to the amount to be refunded, thenonmember employee may petition the board for review thereof within fifteendays after notice of the refund has been received.  If an employee organizationis 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 writtenauthorization by an employee, executed at any time after the employee's joiningan employee organization, deduct from the payroll of the employee the amount ofmembership dues, initiation fees, group insurance premiums, and otherassociation benefits and shall remit the amount to the employee organizationdesignated by the employee.

(c)  The employer shall continue all payrollassignments authorized by an employee prior to July 1, 1970 and allassignments authorized under subsection (b) until notification is submitted byan 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 effectivedate of this chapter".

 

Case Notes

 

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

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

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