(1) A collective bargaining agreement may
contain a union security provision requiring as a condition of
employment the payment, no later than the thirtieth day following
the beginning of employment or July 1, 2004, whichever is later,
of an agency shop fee to the employee organization that is the
exclusive bargaining representative for the bargaining unit in
which the employee is employed. The amount of the fee shall be
equal to the amount required to become a member in good standing
of the employee organization. Each employee organization shall
establish a procedure by which any employee so requesting may pay
a representation fee no greater than the part of the membership
fee that represents a pro rata share of expenditures for purposes
germane to the collective bargaining process, to contract
administration, or to pursuing matters affecting wages, hours,
and other conditions of employment.
(2) An employee who is covered by a union security provision
and who asserts a right of nonassociation based on bona fide
religious tenets, or teachings of a church or religious body of
which the employee is a member, shall, as a condition of
employment, make payments to the employee organization, for
purposes within the program of the employee organization as
designated by the employee that would be in harmony with his or
her individual conscience. The amount of the payments shall be
equal to the periodic dues and fees uniformly required as a
condition of acquiring or retaining membership in the employee
organization minus any included monthly premiums for insurance
programs sponsored by the employee organization. The employee
shall not be a member of the employee organization but is
entitled to all the representation rights of a member of the
employee organization.
(3) Upon filing with the employer the written authorization
of a bargaining unit employee under this chapter, the employee
organization that is the exclusive bargaining representative of
the bargaining unit shall have the exclusive right to have
deducted from the salary of the employee an amount equal to the
fees and dues uniformly required as a condition of acquiring or
retaining membership in the employee organization. The fees and
dues shall be deducted each pay period from the pay of all
employees who have given authorization for the deduction and
shall be transmitted by the employer as provided for by agreement
between the employer and the employee organization.
(4) Employee organizations that before July 1, 2004, were
entitled to the benefits of this section shall continue to be
entitled to these benefits.
[2002 c 354 § 311.]