Home < Policies, Employee & Labor Relations < Labor Relations and Collective Bargaining < Agency Fee Resource Implementation < Frequently Asked Questions (FAQs) Regarding Agency Fee
Conscientious Objectors and How They Object to the Fee
Q. Can an employee avoid paying an agency fee to the union?
A. If the union representing the position imposes an agency fee, then the employee cannot avoid an agency fee deduction. However, if they are a conscientious objector, the agency fee will be donated to a selected charity.
Q. What is the course of action for non-payment?
A. If the employee does not pay an amount equivalent to the agency fee to a charitable organization in accordance with procedures for providing proof of payment, the University will assume payment has not been made and begin making automatic agency fee deductions as part of the payroll process.
Q. Who is a "conscientious objector"?
A. The law states that a conscientious objector is an 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 would not be required to join, but would instead be required to pay a sum equal to the agency fee to a nonreligious, non-labor charitable fund," as jointly determined by the University and the union.
Q. If I am a conscientious objector who do I notify?
A. Notify the union directly of your conscientious objector status. Union Contact Listing.
Q. What will the process be for evaluating conscientious objector status?
A. Each union will administer its own criteria for determining conscientious objector status.
Q. If an employee disagrees with the union's decision to deny conscientious objector status, can the employee grieve the decision? If so, what is the process?
A. If you do not agree with your union rejection of a claim for conscientious objector status, you may contact PERB for advice on your rights.
Q. If an employee is a conscientious objector can they select any charity to which their agency fee will be donated?
A. The University and the union will have a list of charities to which the agency fee can be donated. If an employee is a conscientious objector, they must first notify the union and inform them to which charity they want to donate. Once the University and union agree on a selection of charitable organizations, a list will be posted on the University bulletin board. If the union and the University do not agree on a list of charities, the employee may donate to a non-religious, non-labor charitable organization that meets the requirements set forth in the US Internal Revenue Service Code. The employee will be required to provide the union proof monthly of the charitable contribution. [Agency Fee Structure Chart]
Q. If monthly proof of payment to a charitable organization is not provided, does the employer automatically begin deducting monies from the employee's paycheck?
A. Yes. If the union notifies the University that a charitable contribution is not being made according to procedures for providing proof of payment, the University will begin making automatic agency fee deductions as part of the payroll process.
Q. What will the process be for determining the non-labor funds to which conscientious objectors can contribute?
A. Determination of the non-labor funds is subject to the collective bargaining process. If the University and the exclusive representative cannot agree on the funds, then the employee gets to pick a non-labor, non-religious charitable organization that meets the requirements set forth in the US Internal Revenue Service Code.
Q. How many charities will be on the list?
A. If the union and University agree on a list of charities, by law, they must agree on at least three. If the University and union do not agree on a list, then the employee will select a charity.
Q. What if you have objections to the charities listed?
A. You must still direct your agency fee contribution to one of the charities listed. However, you can contact your union representative or a member of your local Labor Relations office to voice your concerns about the list of charitable organizations. The University and Union can jointly decide to change or add charitable organizations to the list.
Q. Can I donate my agency fee to charity even though I do not belong to a religion or sect that objects to financially supporting a public employee organization?
A. No. Only those employees who are members of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations may direct their agency fee contribution to a charitable organization
Q. Which religions historically object to providing financial support to a public employee organization?
A. The Unions will be determining this matter. You can consult your union for a list of organizations they believe meet the legal criteria.
Q. What proof is required to have a conscientious objection?
A. Your exclusive representative will determine what proof is acceptable.
Q. Assuming the union agrees, is there any preclusion to directing conscientious objector contributions to a University student scholarship fund through the Alumni Association?
A. Under the law, unions and the University must agree on at least three charitable organizations. One of those organizations could be a University scholarship fund through the Alumni Association, provided it meets IRS criteria. However, the law is clear that the employee gets to choose from a minimum list of three charities agreed to by the exclusive representative and the University, or one of their own choosing.