Allowable Agency Shop Information and Expenses
If you do not wish to join the DSA, you are nonetheless required to pay a fair share service fee. The fair share service fee has been calculated based on the DSA’s expenditures for collective bargaining, grievances and arbitration, contract administration and representation, as well as other relevant matters affecting the terms and conditions of your employment. This fee is based upon the audited financial statements of the DSA and determined by allocating a percentage of chargeable expenses. All fair share service fee deductions shall be by regular biweekly payroll deductions. This fair share service fee is legal and enforceable under California law and United States Supreme Court decisions. Further, the law authorizes the County of San Diego to deduct the fee from your paycheck.
Any employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations is not required to join or financially support the DSA as a condition of employment. The employee is required in lieu of periodic dues, initiation fees or agency shop fees to pay sums equal to the dues, initiation fees or agency shop fees to a nonreligious, nonlabor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code mutually agreeable to the DSA and County.
- San Diego County Deputy Sheriff’s Foundation
- Honorary Deputy Sheriffs’ Assn. for the Sheriff’s Museum
- California Peace Officer Memorial Foundation
- San Diego County Law Enforcement Memorial Foundation
- Make a Wish Foundation
The criteria for determining a fair share fee have been approved by the courts and include the following:
- Governing the DSA and the costs for conducting DSA elections.
- Gathering information in preparation for the negotiation of collective bargaining agreements.
- Gathering information from workers concerning collective bargaining positions and proposals.
- Negotiating collective bargaining agreements.
- Adjusting grievances pursuant to the provisions of collective bargaining agreements, enforcing collective bargaining agreements and representing employees in proceedings under civil service laws and/or regulations.
- Ratification of negotiated agreements.
- Public advertising of negotiations or collective bargaining agreements, as well as on matters relating to representational interests in the collective bargaining process and contract administration.
- Purchasing publications used in negotiating and administering collective bargaining agreements.
- Paying technicians and professionals in labor law, economics, and other subjects for use in negotiating and administering collective bargaining agreements, and in processing grievances and arbitrations.
- Membership meetings and conventions, including the cost of sending representatives to such meetings and conventions.
- Expenditures for the publishing of those portions of newspapers and newsletters which in part concern matters of bargaining and representation.
- Impasse procedures, including fact-finding, mediation, arbitration and economic action so long as they are legal under state law. These costs may include preparation for strikes, slowdowns and work stoppages regardless of their legality under state law, so long as no illegal conduct actually occurs.
- The prosecution or defense of arbitration, litigation or charges to obtain ratification, interpretation, implementation, or enforcement of collective bargaining agreements and any other litigation before agencies or in the courts which concerns bargaining unit employees and is normally conducted by an exclusive representative.
- Legislative activities undertaken for negotiations, ratification or implementation of a collective bargaining agreement or to enhance or protect wages, hours and working conditions of bargaining unit members.
- Operating and administrative expenses, salaries and benefits apportioned to chargeable items.
The fair share agency fee does not include any expenses, either direct or indirect, for the following activities:
- Political campaigns, get out the vote and voter registration.
- Supporting and contributing to charitable organizations, political organizations, candidates for public office and initiative measures, ideological causes and international affairs.
- Public advertising of the DSA’s positions on issues other than negotiation, ratification, or implementation of collective bargaining agreements.
- Lobbying for purposes other than the negotiation, ratification, or implementation of a collective bargaining agreement.
- Organizing activities including internal campaigns within bargaining units in which agency fee payers are employed, other DSA bargaining units or any other bargaining unit.
- Affiliation fees to Peace Officers Research Association of California (PORAC), California Coalition of Law Enforcement Associations (CCLEA) or Southern California Alliance of Law Enforcement Associations (SCALE).
- Members only benefits.
- Litigation not related to bargaining unit matters, collective bargaining and representation.
- Any assessment for participation in the Legal Defense Program of the Deputy Sheriffs’ Association.
If you wish to challenge the amount which the DSA has determined to be chargeable to fair share service fee payers, then you must send a letter expressing dissent to the DSA office. Upon receipt of the written challenge, the DSA will place the entire agency fees collected from that challenger into an interest bearing escrow account where they will remain until a decision has been rendered by an impartial arbitrator over which party is entitled to those sums.
The DSA has established a third party procedure with the American Arbitration Association (AAA) where an impartial arbitrator, following a hearing, will determine any challenges as to the DSA’s criteria, expenditures and conclusion regarding the fair share payment. The DSA will notify the AAA of all challenges. The AAA will schedule a single hearing for all such challenges pursuant to its rules for impartial determination of DSA fees (copies available from AAA), and advise you and other challengers of the identity of the arbitrator independently selected by the AAA to adjudicate the dispute. The AAA will notify you and the DSA of the date on which a hearing will be held. The DSA will bear the cost of the arbitrator’s fees. However, each party is responsible for bearing the costs of its own defense, including acquiring transcripts and any and all additional expenditures due to preparing and/or presenting its case.
All mail regarding these matters must be addressed to Deputy Sheriffs’ Association of San Diego County, 13881 Danielson Street, Poway, California 92064. Although it is not necessary, you may wish to send the letter by certified mail for your own protection and documentation.
NOTICE OF FAIR SHARE AGENCY SHOP FEE CHANGE
Based upon the audited financial statements of the Deputy Sheriffs’ Association of San Diego County for 2008/2009, the Board of Directors has adopted a revised Fair Share Agency Shop Fee for non-members who are represented by the association in its Deputy Sheriff bargaining unit with the County of San Diego.
Effective 2010, the fee is $11.38 per pay period for the next two years and collected through payroll deduction. This fee represents about 40% of the per pay period Class 1 member dues. See the breakdown of the expenses used to determine agency shop fee.