AGENCY FEE REFUND PROCEDURE

PSC-CUNY

AGENCY FEE REFUND PROCEDURE
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New York State Civil Service Law, Chapter 606, Laws of 1992, was amended to provide for mandatory agency shop fee deductions. In accordance with the amendment, your local, the Professional Staff Congress/CUNY, will be making agency fee deductions in an amount equivalent to union dues, as provided in this procedure.

Pursuant to Chapter 677, Laws of 1977, (as amended by Chapter 678, Laws of 1977 and Chapter 122, Laws of 1978), any person making agency fee payments to the union has the right to object to the expenditure of any part of the agency fee that represents that employee’s pro rata share of expenditures by the union and its affiliates in aid of activities or causes of a political or ideological nature only incidentally related to terms and conditions of employment.

Such an objection, if any, shall be made by the fee payer (“the objector”) individually notifying the union local’s president of her/his objection in writing only during the period between May 1^st and May 31^st of the year prior to the beginning of the fiscal year to which the objection pertains. The union’s fiscal year commences on September 1^st.

Once you file an objection for 2008/09, such objection will be treated as permanent unless you 1) withdraw your objection, 2) become a union member, or 3) leave CUNY employment.

For those CUNY employees making agency fee payments to the Union in the fall semester of the fiscal year for which the refund is being sought but who were not employed by CUNY during the month of May prior to the fiscal year at issue, there shall be a re-opening period – between November 1 and 30 – during which they may file objections in the same manner as above.

Prior to the objection periods, the union shall provide information as to the prior year’s rebatable expenditures.

If such objection is made, the objector’s agency fee for the next fiscal year will be reduced by the projected pro rata amount of expenditures for such political and ideological purposes based on the latest fiscal year’s information for which there is a completed and available audited financial statement. The objector will be provided at the beginning of the new fiscal year with an advance payment equal to the amount of the reduction, together with an explanation as to how such a projected amount was calculated.

If the objector is dissatisfied with the amount or appropriateness of the advance reduced amount, s/he may appeal that determination in writing and send it to the union local’s president by U.S. Mail within thirty-five (35) calendar days following the union’s mailing of the advanced payment amount. The question of the adequacy of the advance payment thereafter will be submitted by the union to a neutral party appointed by the American Arbitration Association for an expeditious hearing and resolution in accordance with its rules for agency fee determinations. The costs for any appeal to a neutral party under this procedure shall be borne by the union.

The union, at its option, may consolidate all appeals and have them resolved at one proceeding held for this purpose. The objector may present her/his appeal in person or in writing.

As soon as they are available after the close of the union’s fiscal year, the union will provide copies of the audited financial statements to the objector, including the final refund determination for the fiscal year at issue. (See below.)

If the objector is dissatisfied with the amount or appropriateness of the amount of the final determination, s/he may appeal that determination in writing and send it to the union local’s president by U.S. Mail within thirty-five (35) calendar days following the union’s mailing of the advice regarding the amount of the final determination. The question of the adequacy of the amount of the final determination thereafter will be submitted by the union to a neutral party appointed by the American Arbitration Association for an expeditious hearing and resolution in accordance with its rules for agency fee determinations. The costs for any appeal to a neutral party under this procedure shall be borne by the union.

Adopted by the PSC Executive Council on April 3, 2008.