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Effective July 1, 2014 through June 30, 2017

This contract is an agreement between Association of College Educators, AFT Local 6554 and West Valley-Mission Community College District.

Article 107 Associate Member Representation/Service Fee

107.1 Member Rights

107.1.1 The District and ACE, AFT 6554 recognize the right of members to form, join and participate in lawful activities of member organizations and the equal, alternative right of members to refuse to form, join and participate in employee organizations. Neither party shall discriminate against a member in the exercise of these alternative rights.

107.1.2 Accordingly, membership in ACE, AFT 6554 shall not be compulsory. A member has the right to choose, either: (1) to become a member of ACE, AFT 6554 , or, (2) to pay ACE, AFT 6554 a fee for representation services; or, (3) to refrain from either of the above courses of action upon the grounds set forth in Section 110.3.3 that follows:

107.2 Members' Obligation to Exclusive Representation

107.2.1  A member employed for a semester or a full school year who does not qualify as an exemption as set forth in Section 110.3.3 below, and who has not voluntarily made application for membership in ACE, AFT 6554 within thirty (30) days of the date upon which said member has been employed by the District, as a condition of employment in the District, must pay annually or monthly to ACE, AFT 6554 a representation/service fee in exchange for representation services necessarily performed by ACE, AFT 6554 in conformance with its legally imposed duty of fair representation on behalf of said member. A member employed for less than one semester (short term) who does not qualify as an exemption as set forth in Section 110.3.3 below, and who has not voluntarily made application for membership in ACE, AFT 6554 within two (2) days of the date upon which said member has been employed by the District must as a condition of employment in the District pay the representation/service fee for the time period they were employed.

107.3 Definition of Representative Fee

107.3.1 The representation/service fee to be collected from non– ACE, AFT 6554 members shall be equal to, but not exceed the periodic dues and general assessments of ACE, AFT 6554.

107.3.2  The District and ACE, AFT 6554 agree that each member shall pay his/her fair share for representation services. The District and ACE, AFT 6554 agree that the representation/service fee schedule set forth constitutes the appropriate determination of the fair share of the representation/service fee for each class of bargaining members.

107.3.3 Any member may be exempted from payment of any representation/service fees to ACE, AFT 6554 if that person is a member of a religious body whose traditional tenets or teachings include conscientious objections to joining or financially supporting an “employee organization” as defined in Section 3540.1(d) of the Government Code.

Members seeking such exemption will be required to submit to ACE, AFT 655 and the District a notarized letter signed by an official of the bona fide religion body or sect certifying that person’s membership and the date the membership was initiated. If the exemption is granted, ACE, AFT 6554 shall notify the member and the District in writing and shall require that as an alternative to payment of a representation/service fee to ACE, AFT 6554, the member shall pay an amount equivalent to such representation/service fee to the West Valley–Mission Community College Scholarship Fund.

107.3.4 Scholarships from the “West Valley–Mission Community College Scholarship Funds” shall be awarded to students of the District on the basis of need and scholastic achievement only. The fund, including earned interest, shall be administered by ACE, AFT 6554 for this purpose. A list of scholarship endowed accounts to which members may contribute is available in the Advancement Office.

107.3.5 As provided in Government Code Section 3546.3, if a member who qualifies under Section 110.3.3 requests the assistance of ACE, AFT 6554 in using the conciliation and grievance procedure, or in representing the member in individual issues related to terms and conditions of employment, ACE, AFT 6554 may charge the member for the reasonable cost of providing these services.

107.4 Payment Method

107.4.1 Any members who are not exempted from payment under Section 110.3.3.

107.4.2 As a condition of employment, the member will authorize payroll deduction for the established representation/service fee.

107.4.3 Payroll dues deduction will automatically be reinstated upon the re-hire of any Associate member.

107.5 Hold Harmless and Indemnify Provision

107.5.1 ACE, AFT 6554 shall hold the District harmless, and shall fully and promptly reimburse the District for any fees, costs, charges, or penalties incurred in responding to or defending against any claims, disputes, or challenges, which are actually brought against the District in connection with the administration or enforcement of any section in this article pertaining to representation/service fee.

107.5.2 Upon notice that the District is going to seek indemnification or to be held harmless under this provision, ACE, AFT 6554 shall have the right to meet with the District regarding the reasonableness and merit of any claim, demand, suit or action for which the District seeks indemnification, and shall attempt to agree whether any such action listed in Section 110.5 above shall be compromised, resisted, defended, tried, or appealed.

107.5.3 In determining whether or not such actions shall be compromised, resisted, defended, tried or appealed, the District will defer to ACE, AFT 6554’s interests if the District does not have a distinct and separate legal interest in the disputed matter.

107.5.4 The District shall not be entitled to be reimbursed for any costs for which ACE, AFT 6554 was not properly notified and provided the opportunity to discuss as set forth herein; nor will the District be entitled to any reimbursement when the District’s efforts in defending against such action would be duplicative, or when the District does not have a separate and distinct interest to defend.