UMPSA Web Page

Article 16 - Checkoff and Maintenance of Membership

A. Within sixty (60) days of the effective date of this Agreement, all unit members who are not members of the Association shall elect one of the following alternatives: a) membership in the Association; b) payment to the Association of a representation fee; c) exclusion from the two (2) other alternatives. Any person employed by the University who becomes a unit member following the effective date of this Agreement and is not a member of the Association shall make an election of one of the above-described alternatives within thirty (30) days after becoming a unit member. Each unit member shall provide the Association and the University with written notification of his or her election. A failure to choose membership or the representation fee options within the applicable period specified herein shall constitute an election of exclusion from the two other alternatives. Except as otherwise provided in Section B of this Article, unit members shall be bound by their election for the term of this Agreement.

A unit member electing exclusion shall be entitled to the services of the Association under the Agreement only upon payment to the Association of reasonable fees, including reasonable fees for unit member representation services and attorney's fees, and costs and expenses including arbitrator's fees and expenses incurred by the Association. Any such unit member complying with these conditions shall be entitled to Association services under the Agreement only on the same basis and under the same terms as Association members and unit members paying the representation fee. The current schedule for such fees is listed in Appendix E.

B. Unit members who are members of the Association as of the effective date of the Agreement or who, thereafter, during its term, become members of the Association shall maintain their membership in the Association for the term of this Agreement; provided, however, that any such unit member may resign from membership in the Association and elect either the service fee or exclusion from the two other alternatives during the period from August 15 to September 15 of a given year.

C. Unit members who elect the representation fee, which is for the costs associated with the negotiation and the continued administration of this Agreement and the legal requirement that the Association represent all bargaining unit members, shall during the term of this Agreement be assessed monthly at the rate of ninety-five (95) percent of the amount of the annual membership dues divided by twelve (12).

D. The University agrees to deduct in monthly installments the regular annual dues of the Association or the monthly representation fee from the pay of those unit members who individually request in writing that such deductions be made. The amount(s) to be deducted shall be certified in writing by the Association within thirty (30) days of the signing of this Agreement, and thereafter by August 10 of each year. The University shall remit monthly the aggregate deductions, together with an itemized statement containing the names of the unit members from whom the deductions have been made and the amount so deducted from each one. The aforesaid remittance shall be made by the 15th day of the month following the month in which such deductions have been made.

E. The University shall not be responsible for making any deduction for dues or fees if a unit member's pay within any pay period, after deductions for withholding tax, Social Security, retirement, health insurance, and other mandatory deductions required by law is less than the amount of authorized deductions. In such event it will be the responsibility of the Association to collect the dues or fees for that pay period directly from the unit member.

F. The University's responsibility for deducting the above dues or fees from a unit member's salary shall terminate automatically upon either: 1) cessation of the authorizing unit member's employment, or 2) the transfer or promotion of the authorizing unit member out of the bargaining unit or 3) resignation from membership under paragraph B, which shall be effective on September 1 in the year given.

G. The University shall deduct any authorized amount as certified by the Association in accordance with paragraph D.

H. The Association shall indemnify, defend, and hold the University harmless against any claim, demand, suit, or any form of liability (monetary or otherwise), including attorney's fees and costs, arising from any action taken or not taken by the University in complying with this Article or in reliance upon any notice, letter, or written authorization furnished to the University pursuant hereto. The Association assumes full and sole responsibility for all monies deducted pursuant to this Article upon remittance to the Association.

I. The Association and the University shall develop appropriate forms to authorize payment of the representation fee or to elect exclusion from the membership and representation fee options.

J. Professional and administrative employees who upon completion of six months of employment will become unit members in accordance with the University of Maine System Labor Relations Act may voluntarily become members of the Association and utilize payroll deductions for payment of dues during the six month initial period of employment prior to becoming unit members.

K. The University shall inform all unit members in writing of their obligation to make an election as specified in paragraph A above. Such notice shall be given to individuals in writing within five (5) days after becoming bargaining unit members or within (5) days after the execution of this Agreement whichever is applicable.

Last changed on Thursday, May 09, 2002