Agency-fee
procedure outlined
1. Notification of Dissent: Any person paying an agency
fee to PEF may notify the union of his/her dissent from
the expenditure of any portion of the fee by PEF or its
affiliates in aid of activities or causes of a political
or ideological nature only incidentally related to terms
and conditions of employment. Notification shall be made
by letter sent to PEFs secretary-treasurer by
regular, registered or certified mail during the period
between February 15 and March 15 of each year, prior to
the fiscal year to which the objection applies. A person
who is newly employed or re-employed at any time during
the fiscal year to which his/her notification applies
must send his/her notification, in the manner described
above, within thirty (30) calendar days of receipt of
his/her first payroll check from which agency-fee
deductions are made.
2. Estimated Refund: Each person who notifies the union
as provided in paragraph 1 shall, pending PEFs
final refund determination, receive an estimated refund.
This estimated refund shall represent the
dissenters approximate pro rata share of
expenditures by PEF or its affiliates in aid of causes of
a political or ideological nature only incidentally
related to terms and conditions of employment. The
estimated refund shall be transmitted within thirty (30)
days of the end of PEFs fiscal year to a dissenter
who files a timely notice of dissent.
3. Refund: The approximate proportion of agency fees
actually spent by PEF and its affiliates during the
fiscal year in aid of causes of a political or
ideological nature only incidentally related to terms and
conditions of employment shall be determined annually,
after the close of each fiscal year of PEF. This
determination shall be promptly communicated, in writing,
to each dissenter. If this determination is for an amount
greater than the estimated refund, the difference, with
interest at the statutory rate, shall promptly be
transmitted to each dissenter.
4. Objections/Neutral Hearing: If a dissenter is
dissatisfied with PEFs refund determination, an
objection may be made within thirty (30) days of receipt
of the refund. Objections shall be made to PEFs
secretary-treasurer by regular, registered or certified
mail. All objections will be expeditiously submitted by
PEF, for hearing and resolution, to a neutral party
appointed by the American Arbitration Association from
its panel of arbitrators. PEF, at its option, may
consolidate all objections and have them resolved at one
hearing. An objector may present his/her objection to the
neutral in person. The cost of this hearing shall be
borne by PEF.
5. Escrow: The balance of a dissenters agency-fee
payments during the fiscal year in question shall be held
in an interest-bearing, segregated account until
PEFs refund determination is made and any objection
by the dissenter is finally determined under the
procedure set forth in paragraph four.
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