California Government Code

§ 3524.59

GOV § 3524.59 Effective Jan 1, 2018Div. 4 · Title 1 · Ch. 10.4

Statute text

(a)Once an employee organization is recognized as the exclusive representative of an appropriate unit, it may enter into an agreement with the Judicial Council providing for organizational security in the form of maintenance of membership or fair share fee deduction.

(b)The Judicial Council shall furnish the recognized employee organization with sufficient employment data to allow the organization to calculate membership fees and the appropriate fair share fees, and shall deduct the amount specified by the recognized employee organization from the salary or wages of every employee for the membership fee or the fair share fee. These fees shall be remitted monthly to the recognized employee organization along with an adequate itemized record of the deductions, including, if required by the recognized employee organization, machine readable data. Fair share fee deductions shall continue until the effective date of a successor agreement or implementation of the Judicial Council’s last, best, and final offer, whichever occurs first. The Controller shall retain, from the fair share fee deduction, an amount equal to the cost of administering this section. The Judicial Council shall not be liable in any action by a Judicial Council employee seeking recovery of, or damages for, improper use or calculation of fair share fees.

(c)Notwithstanding subdivision (b), any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to financially support the recognized employee organization. That employee, in lieu of a membership fee or a fair share fee deduction, shall instruct the employer to deduct and pay sums equal to the fair share fee to a nonreligious, nonlabor organization, charitable fund approved by the Department of General Services for receipt of charitable contributions by payroll deductions.

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Legislative history

Added by Stats. 2017, Ch. 835, Sec. 1. (AB 83) Effective January 1, 2018.