Today's Law As Amended


PDF |Add To My Favorites | print page

AB-2049 Classified school and community college employees: payroll deductions for employee organization dues.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 45168 of the Education Code is amended to read:

45168.
 (a) (1) Except as provided in subdivision (b), the governing board of each public  school employer district  when drawing an order for the salary or wage payment due to a classified employee of the employer may,  school district shall,  without charge, reduce the order by the amount that it has been requested in a revocable written authorization by an employee who is a member of the bargaining unit to deduct for the payment of dues in, or for any other service provided by, any employee organization or  bona fide association,  employee organization,  whose membership consists, in whole or in part, of employees of that employer,  school district,  and that has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of those employees. Any revocation of a written authorization shall be in writing and shall be effective provided the revocation complies with the terms of the written authorization. 
(2) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee in accordance with the terms of the authorization. Whenever there is an increase in the amount required for the payment to the employee organization, the employee organization shall provide the employee with adequate and necessary data on the increase at a time sufficiently before the effective date of the increase to allow the employee an opportunity to revoke the written authorization, if desired and if  permitted by the terms of the written  authorization. The employee organization shall provide the school district with notification of the increase at a time sufficiently before the effective date of the increase to allow the employer an opportunity to make the necessary changes and with a copy of the notification of the increase that has been sent to all concerned employees.
(3) Upon receipt of a properly signed authorization for payroll deductions by a classified employee pursuant to this section, the governing board of the school district  shall reduce the employee’s pay warrant by the designated amount in the next pay period after the governing board receives the notification. following the closing date for receipt of changes in pay warrants. 
(4) The governing board of the school district  shall, on the same designated date of each month, draw its order upon the funds of the employer  school district  in favor of the employee organization designated by the employee for an amount equal to the total of the respective deductions made with respect to the employee organization during the pay period.
(5) The governing board of the school district  shall not require the completion of a new deduction authorization when a dues increase has been effected or at any other time without the express approval of the concerned employee organization.
(6) (A) Revocability of an authorization described in this section shall be determined by the terms of the authorization.
(6) (B)  The governing board shall honor the terms of the employee’s written authorization for payroll deductions. Employee requests to cancel or change authorizations for payroll deductions for employee organizations shall be directed to  Before processing a revocation request, the school district shall either provide a copy of the request to the employee organization or confirm that the employee has sent it a revocation request, and shall provide  the employee organization rather than to the governing board. The employee organization shall be responsible for processing these requests. The governing board shall rely on the information provided by the employee organization to cancel or change authorizations,  five days in which to advise the school district whether the revocation request is in conformity with the authorization. The school district may rely on an employee organization’s statement that a revocation request is not in conformity with an authorization,  and the employee organization shall indemnify and defend  the public  school employer for district against  any claims claim  made by the an  employee for deductions made in reliance on that information. based on the statement. 
(7) A classified or recognized employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to submit to the governing board of a public school employer a copy of the employee’s written authorization in order for the payroll deductions described in this section to be effective, unless a dispute arises about the existence or terms of the written authorization. The employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on its notification.
(b) The governing board of each public  school employer district  when drawing an order for the salary or wage payment due to a classified employee of the employer  school district  may, without charge, reduce the order for the payment of dues to, or for any other service provided by, the certified or recognized employee organization of which the classified employee is a member, or for the payment of service fees to the certified or recognized employee organization as required by an organizational security arrangement between the exclusive representative and a public school employer as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. However, the organizational security arrangement shall provide that any employee may pay service fees directly to the certified or recognized employee organization in lieu of having the service fees deducted from the salary or wage order.
(c) This section shall apply to public  school employers districts  that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240).

SEC. 2.

 Section 88167 of the Education Code is amended to read:

88167.
 (a) (1) Except as provided in subdivision (b), the governing board of each community college district, when drawing an order for the salary or wage payment due to a classified employee of the community college district, may, shall,  without charge, reduce the order by the amount that it has been requested in a revocable written authorization by an employee who is a member of the bargaining unit to deduct for the payment of dues in, or for any other service provided by, any employee organization or  bona fide association,  employee organization,  whose membership consists, in whole or in part, of employees of that community college district, and that has, as one of its objectives, improvements in the terms or conditions of employment for the advancement of the welfare of those employees. Any revocation of a written authorization shall be in writing and shall be effective provided the revocation complies with the terms of the written authorization. 
(2) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee in accordance with the terms of the authorization. Whenever there is an increase in the amount required for the payment to the employee organization, the employee organization shall provide the employee with adequate and necessary data on the increase at a time sufficiently before the effective date of the increase to allow the employee an opportunity to revoke the written authorization, if desired and if permitted by the authorization. The employee organization shall provide the community college district with notification of the increase at a time sufficiently before the effective date of the increase to allow the employer an opportunity to make the necessary changes and with a copy of the notification of the increase that has been sent to all concerned employees.
(3) Upon receipt of a properly signed authorization for payroll deductions by a classified employee pursuant to this section, the governing board of the community college district  shall reduce the employee’s pay warrant by the designated amount in the next pay period following the closing date for receipt of changes in pay warrants.
(4) The governing board,  board of the community college district,  on the same designated date of each month, shall draw its order upon the funds of the community college district in favor of the employee organization designated by the employee for an amount equal to the total of the respective deductions made with respect to the employee organization during the pay period.
(5) The governing board of the community college district  shall not require the completion of a new deduction authorization when a dues increase has been effected or at any other time without the express approval of the concerned employee organization.
(6) (A) Revocability of an authorization described in this section shall be determined by the terms of the authorization.
(6) (B)  The governing board shall honor the terms of the employee’s written authorization for payroll deductions. Employee requests to cancel or change authorizations for payroll deductions for employee organizations shall be directed to  Before processing a revocation request, the community college district shall either provide a copy of the request to the employee organization or confirm that the employee has sent it a revocation request, and shall provide  the employee organization rather than to the governing board. The employee organization shall be responsible for processing such requests. The governing board shall rely on the information provided by the employee organization to cancel or change authorizations,  five days in which to advise the community college district whether the revocation request is in conformity with the authorization. The community college district may rely on an employee organization’s statement that a revocation request is not in conformity with an authorization,  and the employee organization shall indemnify the governing board for any claims made by the and defend the community college district against any claim made by an  employee for deductions made in reliance on that information. based on the statement. 
(7) A classified or recognized employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to submit to the governing board a copy of the employee’s written authorization in order for the payroll deductions described in this section to be effective, unless a dispute arises about the existence or terms of the written authorization. The employee organization shall indemnify the governing board for any claims made by the employee for deductions made in reliance on its notification.
(b) The governing board of each community college district, when drawing an order for the salary or wage payment due to a classified employee of the community college district may, without charge, reduce the order for the payment of dues to, or for any other service provided by, the certified or recognized employee  organization of which the classified employee is a member, or for the payment of service fees to the certified or recognized employee  organization as required in an organizational security arrangement between the exclusive representative and a community college district employer as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. However, the organizational security arrangement shall provide that any employee may pay service fees directly to the certified or recognized employee organization in lieu of having the service fees deducted from the salary or wage order.
(c) This section shall apply to community college districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060).
SEC. 3.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.