Policy on Nonmember Objector Fees
Applicable law provides that although employees represented by a union for the purpose of collective bargaining and related activities are not required to be members of the union, they may still be required to pay their fair share of the costs of operating the union. The Cleveland State University chapter of the American Association of University Professors (CSU-AAUP, the "Union") policy in complying with the law, including Ohio Revised Code Section 4117.09, is as follows:
1. Employees who are not members of the Union, but who pay financial core fees, may request an adjustment in that fee based on their objection to Union expenditures they believe are not reasonably related to collective bargaining, contract administration, and grievance adjustment.
2. If you wish to object, the objection must be made within forty-five (45) calendar days of the date of this instrument. This notice normally will be sent in September of each year. It also will be provided at such other times as required by law. If the objection is timely filed, the advance reduction in the objector's fee shall be effective for that calendar year, and will be based upon the Union's expenditures for the preceding fiscal year (August 1 - July 31). Unless objections are made during the 45-day window period, there will be no adjustment of fees for that academic year; you will be charged the normal full monthly dues amount. Objections must be made on an individual basis only. No group objections will be considered. Objections must be renewed annually; there can be no rolling objections.
3. The financial core fee payable by objectors will be based on the Union's expenditures for those activities or projects normally or reasonably undertaken by the Union to advance the employment-related interests of the employees it represents or are otherwise germane to collective bargaining. These are referred to as "chargeable" expenditures.
4. Chargeable expenditures include but are not limited to collective bargaining, contract administration, and grievance-arbitration. "Nonchargeable" expenditures include but are not limited to those in support of partisan politics or ideological causes not germane to the work of employee organization in the realm of collective bargaining.
In the preceding fiscal year (August 1 2000 - July 31 2001), a minimum of 79.72% of the Union's expenditures was made for chargeable activities. 20.28% was spent on non-chargeable activities. Therefore, nonmembers who file objections will be charged 79.72% of the normal full Union does amount during this academic year.
However, in order to be charged the adjusted amount, you must send the Union a written objection within the time limits described herein. Otherwise, you will be charged the full dues amount.
5. Upon receipt of your objection, the Union will send you a full explanation of the basis for the fee charged to you. That explanation will include a detailed list of the categories of expenditures deemed to be chargeable and those deemed to be nonchargeable, and include the accountant's report showing the Union's expenditures on which the fee is based.
6. Following receipt of the information described in the previous paragraph, objectors will have thirty (30) calendar days in which to file a challenge with the Union to its calculation.
A. Preliminary Step: Executive Committee Review. The Union Executive Committee will hold a hearing on a challenge within thirty (30) days of the date the challenge is received by the Union. The purpose of the hearing is to allow the challengers to explain why they believe the reduced fee has not been properly determined. The Executive Committee will consider all the evidence and issue a written decision within thirty (30) calendar days of the hearing. The Executive Committee may direct that any or all of the challenges received be consolidated for hearing.
B. Request for Arbitration. Any challenger dissatisfied with the Executive Committee's decision may request a determination by an impartial arbitrator. The request must be in writing and must be received by the Union within fifteen (15) calendar days following receipt of the Executive Committee's decision. The request must specify the factual and/or other grounds upon which the challenger contests the Union's calculation of the chargeable fee and must state what portion of the chargeable fee the challenger disputes. Requests must identify the Union, must include the challenger's name, address, employer and social security number, and must be signed by the challenger. Requests may be made only on an individual basis. Group or class requests for arbitration are not allowed.
All challenges will then be consolidated into a single proceeding and submitted to an impartial arbitrator chosen in accordance with the American Arbitration Association's rules for impartial determination of union fees. A portion of the objector's fee equal to the amount which is challenged will be held in an interest-bearing escrow account while the objector pursues the challenge. The objector will be notified of the date, time, and place of the hearing. The objector and the Union will each bear all individually incurred costs in connection with presenting the challenge (travel, witness fees, lost wages, etc.). Objectors may, also at their own expense, be represented by counsel or other representatives of their choosing. A court reporter may make an official transcript of the hearing before the arbitrator. The decision of the arbitrator shall be final and binding to the extent permitted by law.
7. Objections, challenges, and any other correspondence must be sent to the Union at:
CSU-AAUP
Fenn Tower 1212
Cleveland State University
Cleveland OH 44115In your letter of objection challenge, and request for arbitration, if any, please print and sign your name, address, employer, and social security number.