U N I V E R S I T Y O F C A L I F O R N I A
BERKELEY • DAVIS • IRVINE • LOS ANGELES • MERCED • RIVERSIDE • SAN DIEGO • SAN FRANCISCO
SANTA BARBARA • SANTA CRUZ
OFFICE OF THE PRESIDENT
1111 Franklin Street
Oakland, California 94607-5200
Phone: (510) 987-9074
Fax: (510) 987-9086
September 20, 2000
JOSEPH P. MULLINIX
SENIOR VICE PRESIDENT--BUSINESS AND FINANCE
Delegation of Authority--To Implement Employee Fair Share Service Fees
Effective immediately, you are delegated authority to implement the Fair Share Service Fee as described below.
In 1999 the Legislature enacted SB 645, which added a new section 3583.5 to the Government Code. Section 3583.5(a) provides that an employee who is in a unit for which an exclusive representative has been selected is required either to join the recognized employee organization or to pay that organization a fair share service fee. The statute would require the University of California to deduct this fair share service fee from the wages of those employees who do not join the recognized employee organization.
The issue is now the subject of litigation as to whether section 3583.5(a) is constitutional or, alternatively, infringes the authority of The Regents under article IX, section 9, of the California Constitution. Nevertheless, the University independently has determined that it should implement the principle embodied in section 3583.5(a) as a matter of policy. Upon determining that certain employee organizations had sent notices to non-members represented by them, identifying the amount of their dues and the portion of such dues devoted to the cost of negotiation, contract administration, and other activities that are germane to the organizations' functions as the exclusive bargaining representative, the University has deducted the appropriate amount called for by and in accordance with such notices from the wages of those employees who have not elected to join the employee organizations.
Pursuant to the authority delegated to me by the Board of Regents, I hereby ratify and approve the foregoing actions taken by agents of the University, and authorize you, and those of your staff to whom you may delegate such authority, to take such actions as you reasonably deem necessary to implement the following:
(2) The costs covered by the foregoing fee may include, but shall not necessarily be limited to, the cost of lobbying activities designed to foster collective bargaining negotiations and contract administration, or to secure for the represented employees advantages in wages, hours, and other conditions of employment in addition to those secured through meeting and conferring with the University.
(b) The organizational security arrangement described in section (a) above shall remain in effect unless it is rescinded pursuant to section (c). The University shall remain neutral, and shall not participate in any election conducted pursuant to these provisions.
(c) The organizational security arrangement described in section (a) may be rescinded by a majority vote of all the employees in the negotiating unit subject to that arrangement, if a request for a vote is supported by a petition containing the signatures of at least 30 percent of the employees in the negotiating unit, the signatures are obtained in one academic year, and the vote is conducted at the worksite by secret ballot. There shall not be more than one vote taken during the term of any memorandum of understanding in effect on or after January 1, 2000.
Your authority under this delegation may be redelegated, except when redelegation is specifically limited by policy. Any redelegation of this authority shall be in writing with copies to the General Counsel of The Regents and the Special Assistant--Coordination & Review. The authority conferred upon you by this letter shall remain in effect until further notice, regardless of the results of any judicial determination as to the constitutionality of Section 3583.5.
Richard C. Atkinson