NOTICE TO ALL AGENCY FEE PAYERS
By electing to become an agency fee payer under the terms of the Pace- Union of Adjunct Faculty at Pace collective bargaining agreement, you have chosen not to belong to the Union of Adjunct Faculty at Pace (UAFP). As a non-member you have been paying a service fee equivalent to the dues paid by union members. This service fee, however, is subject to the fee reduction procedure outlined below.
Fee Reduction Procedure
Any employee making payments to the UAFP under the agency fee (service fee) provision in the UAFP’s collective bargaining agreement may object to the expenditure of any part of the fee that represents the employee’s pro rata share of expenditures by the union and/or its affiliates in aid of activities or causes that are not related to collective bargaining, contract administration and grievances adjustment. A schedule of expenses contained in the financial statements of the union and its affiliates is attached to this notification of the union’s service fee refund procedure.
Notification of any objection for the union’s 2018-2019 fiscal year must be made by letter sent by certified letter addressed to the UAFP’s President at 139 Fulton Street – Suite 708, New York, NY 10038, between May 15th and June 15th, of this year. Any employee who is newly employed or member who chooses to become a non-member at any time during the union’s fiscal year will be sent notification at or as close to his/her date of hire or choice to become a non-member, in the manner described above.
The fee for all employees who have notified the union of their objection as described above, shall be reduced for the applicable fiscal year by the approximate pro rata proportion of the service fees spent by the union and/or its affiliates in aid of activities or causes that are not related to collective bargaining, contract administration and grievance adjustment, based on the latest fiscal year for which there is a complete financial statement.
Prior to the start of the union’s fiscal year, each objector shall be provided an advance payment equal to the amount of the reduction, together with an explanation as to how such advance reduction was calculated.
After the close of the union’s fiscal year, as soon as available, the union will, upon written request, provide each objector with a copy of its financial statements and a final refund deter-mination and payment, if any, representing the approximate pro rata proportion actually spent by the UAFP and its affiliates during the fiscal year on activities or causes which are not related to collective bargaining, contract administration and grievance adjustment. If the determination is an amount greater than the advance reduction payment, the difference, with interest at the statutory rate, shall be promptly transmitted to each objector.
If an objector is dissatisfied with the UAFP’s final refund determination, an appeal may be made within thirty (30) days of receipt of the refund determination by sending a certified letter return receipt requested to the UAFP’s President. Although the union retains the burden of proof, for purposes of issue identification at the hearing the objector in his/her letter of appeal must indicate the percent of service fee that s/he believes is reasonably in dispute and the general categories of expenditures that are being challenged.
All appeals from the final refund determination will thereafter be submitted for expedited hearing and determination to a neutral person appointed by the New York Office of the American Arbitration Association in accordance with its rules for service fee determinations. The union at its option may consolidate all appeals and have them resolved at one hearing. An objector may present his/her appeal to the neutral person. The cost of the hearing shall be borne by the UAFP.