May 1, 2001
Dear Faculty Member:
The Cuesta College Federation of Teachers (CCFT), Local 4909, CFT/AFT, AFL-CIO, as the exclusive bargaining representative for the academic employees of the San Luis Obispo County Community College District (Cuesta College), represents all employees in the unit. As such, the union incurs significant costs representing you, whether or not you choose to join. For this reason, under the organizational security provisions of Government Code 3543, if you do not elect to join the Federation, a service fee ("fair share service fee") in an amount equivalent to the Federation's membership dues will be deducted from your monthly salary for the 2001-2002 academic year, beginning August 31, 2001 through to and including May 31, 2002.
As your collective bargaining representative, we strongly urge you to join the Federation. The benefits of Federation membership include the right to fully participate in the governance and the internal activities of the union, including helping to shape contract reopeners and voting for union officers. Furthermore, your membership in the union will result in greater wages, benefits, and working conditions. The fact that a fair share service fee is being deducted from your paycheck does not make you a member of the Federation. You may join the Federation by using the membership form enclosed.
In recognition of the principle that non-members should pay their fair share of obtaining and maintaining the benefits of union representational activities, the California State Legislature and Governor have approved the deduction of service fees from the salaries of public employees who are not union members. Collection of service fees has been approved by the courts of California and by the U.S. Supreme Court.
Your union dues, together with fair share service fees and other contributions, are necessary for the Federation to protect and advance the professional and economic interests of all the employees that it represents. One of the most valuable of these union services is negotiation of contracts that govern your earnings, other economic benefits, and working conditions under which you work. Service fees and union dues pay the costs of these negotiations, including the staff work and the legal, economic, and educational research necessary to develop the union's program on your behalf. Collective bargaining and the protection of employees' rights under the contract require year-round activity by union officers and other volunteer union members. Further, since many of your working conditions and benefits, as well as the resources available to fund school operations, are governed by legislation, this local and the state and national federations with which it is affiliated monitor the legislative process to protect and advance your interests.
A small percentage of the budget of the Federation and of the state and national organizations with which the Federation is affiliated (the California Federation of Teachers and the American Federation of Teachers) might be used in relation to issues and legislation only incidentally related to the terms and conditions of employment or applied towards the cost of benefits available only to union members. You are entitled to request a rebate of that percentage of the fair share service fee you have paid that corresponds to the percentage of the union's total budget that is used for these purposes.
Attached to this letter you will find expenditures for the most recent year available broken into rebatable and non-rebatable expenditures. The breakdown of expenditures has been audited, independent from the union, by the firm of Rita C. Villa, a Certified Public Accountant. In accordance with this breakdown, 28.58% of the money we receive by way of member's dues, assessments, and other contributions was spent by the local, state, and national organization for rebatable purposes in 1999-2000 (the most recent year's figures available), and we expect that 28.58% of the money received in 2001-2002 will be spent for rebatable purposes. This percentage is a weighted average. In order to receive a refund, you must inform the local, in writing (not email), of your request by May 31, 2001. The request shall include your name, home address, Social Security Number, employment status (regular or temporary), and signature and shall be sent to Mark Tomes, DSPS, Cuesta College, P.O. Box 8106, San Luis Obispo, CA 93403-8106. Upon receipt of your request, we will arrange with the district to reduce your fair share service fee deduction by the same percentage.
Should you elect to challenge the Federation's determination of the percentage of its expenditures that is rebatable, you can do so by informing the Federation in writing of your objection by May 31, 2001 by contacting Mark Tomes at the above address.
Your objection must state the basis on which you challenge the Federation's determination. All challenges by faculty members will be consolidated into one arbitration. After the deadlines for challenges have expired (including a similar service fee notification to new faculty members in Fall, 2001), the Federation will request the American Arbitration Association to appoint a neutral arbitrator to conduct a hearing and issue a ruling on the challenges. CCFT may settle challenges with an objector or objectors, in accordance with its fee rebate procedure, eliminating the need for a hearing.
While the challenges are pending, the service fees of the objectors will be held in an interest-bearing escrow account. CCFT reserves the right, at its discretion, to refund or abstain from collecting the entire fair share service fee from any member who challenges the determination of the rebatable percentage.
A copy of this union's service fee rebate policy and procedures has been enclosed with this notice. If you have any questions about them or about the foregoing, please contact Mark Tomes, CCFT Secretary-Treasurer, at 805-546-3100 ext. 2223 or Marilyn Rossa, CCFT President, at 805-546-3187.
After reviewing these materials we hope that you will more fully realize the efforts made by the Cuesta College Federation of Teachers on your behalf and will choose to become a member. If you choose to, please complete and return the enclosed CCFT membership form. We need your help and your input so that we can build a stronger and more effective union in order to promote educational excellence and serve the needs of our faculty.
If you need any further information or assistance, please contact me or Mark Tomes at the phone numbers given above.
Sincerely yours,
Marilyn Rossa, President
Cuesta College Federation of Teachers
CFT/AFT, Local 4909
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This file was last modified by Ralph Sutter