Memorandum of Understanding with Unit 12 - Dpa - State of California
Memorandum of Understanding with Unit 12 - Dpa - State of California
Memorandum of Understanding with Unit 12 - Dpa - State of California
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A. The amount <strong>of</strong> dues and fees deducted from IUOE members' and fee payers' paywarrants shall be set by IUOE and changed by the <strong>State</strong> upon written request <strong>of</strong> IUOE.B. The <strong>State</strong> and IUOE agree that if a fair share fee recision election is held in <strong>Unit</strong> <strong>12</strong>pursuant to Government Code Section 3515.7(d), a majority <strong>of</strong> those votes cast, rather thana majority <strong>of</strong> the members <strong>of</strong> the <strong>Unit</strong>, shall determine whether the Fair Share deductionsshall continue.C. The <strong>State</strong> and IUOE agree that a system <strong>of</strong> authorized dues deductions and a system <strong>of</strong>fair share deductions shall be operated in accordance <strong>with</strong> appropriate laws and rules.D. Any <strong>Unit</strong> <strong>12</strong> employee may <strong>with</strong>draw from IUOE by sending a signed <strong>with</strong>drawal letter toIUOE <strong>with</strong> a copy to the <strong>State</strong> Controller. An employee who so <strong>with</strong>draws his/hermembership will be subject to paying a fair share fee if such a fee is applicable to <strong>Unit</strong> <strong>12</strong>.E. IUOE agrees to indemnify, defend and hold the <strong>State</strong> and its agents harmless againstany claims made <strong>of</strong> any nature and against any suit instituted against the <strong>State</strong> rising fromthis Article and the deductions arising therefrom.F. IUOE agrees to annually notify all <strong>State</strong> employees in <strong>Unit</strong> <strong>12</strong> who pay fair share fees <strong>of</strong>their right to demand and receive from IUOE a return <strong>of</strong> that fee pursuant to GovernmentCode Section 3518.8.G. No provisions <strong>of</strong> this Article nor any disputes arising thereunder shall be subject to thegrievance and arbitration procedure contained in this Agreement.ARTICLE 14 - GRIEVANCE AND ARBITRATION PROCEDURE14.1 PurposeA. This grievance procedure shall be used to process and resolve grievances arising underthis Agreement and employment-related complaints.B. The purposes <strong>of</strong> this procedure are:14.2 Definitions1. To resolve grievances and complaints informally at the lowest possible level.2. To provide an orderly procedure for reviewing and resolving grievances andcomplaints promptly.A. A grievance is a dispute <strong>of</strong> one or more employees or a dispute between IUOE and the<strong>State</strong> involving the interpretation, application or enforcement <strong>of</strong> the provisions <strong>of</strong> thisAgreement, or involving a law, policy or procedure concerning employment-related mattersnot covered in this Agreement and not under the jurisdiction <strong>of</strong> the <strong>State</strong> Personnel Board(SPB).B. As used in this procedure, the term “immediate supervisor” means the individualidentified by the department head.C. As used in this procedure, the term “party” means IUOE, an employee or the <strong>State</strong>.D. An “IUOE representative” refers to an employee designated as an IUOE steward or apaid staff representative.88BU <strong>12</strong>(99-01)