Article 11 – Organizational Security

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11.1 Organizational Security

A. The State agrees to deduct and transmit to CAPS all membership dues authorized on a form provided by CAPS.

B. Fair Share or “Agency Shop” (hereinafter known as “Fair Share”) in Unit 10 shall be in effect from the beginning of the first pay period following ratification of this Agreement by the parties.

C. The State agrees to deduct and transmit to CAPS Fair Share fees from State employees in Unit 10 who do not become members of CAPS. The State and CAPS agree that a system of authorized dues deductions and a system of Fair Share deduction shall be operated in accordance with Government Code Sections 3513(h), 3513(j), 3515, 3515.6, 3515.7, 3515.8, subject to the following provisions:

1. The State and CAPS agree that if a Fair Share rescission election is conducted in Unit 10 pursuant to Government Code Section 3515.7(d), a majority of those votes cast, rather than the majority of the members of the unit, shall determine whether the Fair Share deductions shall continue.

2. Pursuant to Government Code sections 3513(i) and 3515, a written authorization for CAPS membership dues deductions in effect on the effective date of this Agreement or thereafter submitted shall continue in full force and effect during the term of this Agreement; provided, however, that any employee may withdraw from CAPS membership by sending a signed withdrawal letter to CAPS and a copy to the Controller’s Office within thirty (30) calendar days prior to the expiration of this Agreement. An employee who so withdraws his/her membership shall be subject to paying Fair Share fees if such a fee is applicable to Unit 10.

3. CAPS agrees to indemnify, defend and hold the State and its agents harmless against any claims made of any nature and against any suit instituted against the State arising from this Article and the deductions arising therefrom.

4. CAPS agrees to annually notify all State employees in Unit 10 who pay Fair Share fees of their right to demand and receive from CAPS a return of part of that fee pursuant to Government Code Section 3515.8.

D. No provision of this Article nor any disputes arising thereunder shall be subject to the grievance procedure contained in Article 9 of this Agreement.