The enacted budget includes a requirement that public employers set a clear timetable of 30 days to create a procedure for processing union membership dues to each employee’s respective recognized collective bargaining organization. In addition, this legislation includes a streamlined process for employees who are promoted or transferred to new bargaining units.
This provision also limits the employee organization’s duty of fair representation for employees that are not members of such organization to “the negotiation or enforcement of the terms of an agreement with the public employer.”
This section also adds language that does not require an employee organization to provide representation to a non-member:
- during questioning by the employer
- in statutory or administrative proceedings or to enforce statutory or regulatory rights
- in any stage of a grievance, arbitration or other contractual process concerning the evaluation or discipline of a public employee where the non-member is permitted to proceed without the employee organization and be represented by his or her own advocate.
This also does not prohibit an employee organization from providing legal, economic or job-related services or benefits beyond those provided in the agreement with a public employer only to its members.