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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 PEF’s
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 PEF’s final refund determination, receive an estimated refund.
This estimated refund shall represent the dissenter’s 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 PEF’s 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 PEF’s refund
determination, an objection may be made within thirty (30) days of receipt of
the refund. Objections shall be made to PEF’s 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 dissenter’s agency fee payments during the fiscal
year in question shall be held in an interest-bearing, segregated account until
PEF’s refund determination is made and any objection by the dissenter is finally
determined under the procedure set forth in paragraph four.
Financial Supplement (2006 Audit)
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The Communicator Dec.06/Jan.07
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Clarification: A photo caption in the November issue of The Communicator should
have said PEF Vice President Pat Baker and Regional Coordinators Dee Dodson,
Vernetta Chesimard and Jemma Marie-Hanson coordinated the PEF Sept. 11 memorial
service in New York City.
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