What happens if an employee refuses to pay the Agency Fee and is not a religious objector?

Under the law, unless one has been designated a conscientious objector, payment of union dues or the Agency Fee is a condition of employment. Employees who refuse to pay the dues/fee cannot remain University employees.

Does an employee have to agree to have the fees deducted from the paycheck?

No, under the law the fees will be automatically deducted like taxes and Social Security.

Can the Agency Fee be rescinded?

The Agency Fee may be rescinded (or eliminated) by a majority vote in a secret ballot election of all employees in a particular bargaining unit. To hold an election, a petition must be served on the Public Employment Relations Board (PERB) containing signatures of at least 30% of the employees in that bargaining unit. No more than one vote can be taken during the term of any contract in effect on or after January 1, 2000.

Who has to pay the Agency Fee?

All University employees covered by a collective bargaining agreement who are not currently paying union dues are required to pay the Agency Fee.

Are limited appointment employees and students subject to the Agency Fee?

Limited appointment employees covered by a collective bargaining agreement are subject to the deduction. Students in limited positions are thus also subject to the fee. Students in casual/restricted positions are not covered by collective bargaining agreements and are, therefore, not subject to the fee.

If an employee is a religious conscientious objector what should he/she do?

If an employee 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, the employee should contact his or her union to seek exemption from the Agency Fee. Exempt employees are required to donate an amount equivalent to the Agency Fee to one of three non-religious, non-labor charities designated jointly by the union and the University. The union is solely responsible for deciding the employee's objector status. If the employee does not know what union to contact,  Human Resources' Labor Relations Office (labrel@berkeley.edu) can assist.