All employees in a bargaining unit represented by a union will have to pay the agency fee, which is made through payroll deduction.
Below are some common questions that Employee and Labor Relations has fielded relating to Fair Share. Employees who still have questions about the payment of agency fees should contact their union.
- What is the difference between fair share and agency shop?
- They mean the same thing. Agency Shop is the term in the law, but Fair Share is the everyday term.
- How much is going to be taken from my paycheck?
- The law mandates that the fair share amount cannot be more than the union's membership dues. Each union has to determine the amount of the fair share fee for their unit(s).
- When do I have to start paying fair share?
- After January 1, 2000 and when the unions notify UC of the amount.
- How can I avoid paying a fair share fee?
- You cannot avoid a deduction. The law states that an employee ". . . who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations, would not be required to join, but would instead be required to pay a sum equal to the fair share service fee to a nonreligious, non-labor charitable fund, . ." as jointly determined by the UC and the Union.
- How can the fair share fee be rescinded?
- Fair share may be rescinded by a majority vote in a secret ballot of all the employees in the bargaining unit.
To hold an election, a petition must be served on the PERB that contains the signatures of at least 30% of the employees in the bargaining unit. The signatures have to be obtained in one academic year.
There cannot be more than one vote taken during the term of any contract in effect on or after January 1, 2000.
- Are casual employees subject to the fair share fee?
- Yes. All employees in a bargaining unit represented by a union will have to pay the agency fee.
- What happens to the "agency fee" deductions when an employee is retroactively reclassified?
- Positions covered by a collective bargaining agreement (CBA) require employees who are not a member of the union to pay a legally mandated "Agency Fee." Occasionally, an upward reclassification of a position results in the position being removed from the coverage of the CBA. Some employees have questioned whether they are due a refund for such fees when they are retroactively reclassified to a position that is not covered by the CBA. The answer is No." The employee is not due a refund of the agency fees. The agency fees were properly paid because the employee's position was covered by the CBA, the very reason the Legislature and Governor enacted the agency fee provision.
It is expected therefore, that under the following three circumstances the agency fee will continue to be deducted from the employee's salary. These three circumstances are, 1). when an employee has been assigned the duties of a higher classification not covered by the CBA, 2). during the period when the department is preparing the position description for a review, or 3). when the Compensation Services Unit is reviewing the position description. The fact that the employee will be paid for past performance of the duties of a higher-level position does not change their previous status of being covered by the CBA.
UC Davis staff employees continue to grow in their careers by increasing their job skills through formal or on-the-job-training. The campus has also benefited from an increase in higher-educated candidates in the labor force. Departments strapped by budget restraints have asked their employees to take on related, but higher-level tasks than the ones intended when they were hired a few years prior. This new experience readies the employee for advancement. The employee either advances via applying for positions listed in the UC Davis job bulletin, or their position is upwardly reclassified. In most cases, the effective date of the reclassification goes back a month or more, and the employee is paid the difference between the wage they already received, and the new wage for those past pay periods. Thus follows the understanding between UC Davis and our labor unions that HEERA does not require the reimbursement of properly paid fair share fees following a retroactive reclassification.