Title 2 . Administration

Chapter 10 . Public Information

Section 300. Exemption from Public Employment Relations Act

2 AAC 10.300. Exemption from Public Employment Relations Act

(a) An employee claiming the right of nonassociation with a labor organization or employee association under AS 23.40.225 shall file the claim with the labor relations agency and shall include the following information:

(1) name, address, and position control number of the employee;

(2) name of the collective bargaining unit concerned and name and address of the collective bargaining representative;

(3) name and address of the public employer;

(4) name and address of the church or religious body of which the employee is a member, together with the name and address of the official of the church or religious body who may be called upon to certify the employee's membership and its duration;

(5) a statement supported by documentation, setting out those tenets or teaching of the church or religious body which are pertinent to the right of nonassociation based upon bona fide religious convictions;

(6) a statement of the length of time the employee has been a member of the church or religious body;

(7) a sworn statement signed by a responsible officer of the church or religious body of which the employee is a member stating that the employee is a member of the religious body and that the teachings or tenets of the religion prohibit the employee from paying dues to a labor organization or employee association; a copy of this affidavit must be submitted to the labor organization or employee association representing the bargaining unit of which the employee is a member.

(b) Within 30 days after receipt of this information submitted in accordance with (a) of this section, the agency will declare whether or not the information constitutes proper proof of a right to nonassociation. If the agency finds a lack of sufficient evidence it will, in its discretion, request supplemental information or upon its own motion schedule a hearing after reasonable notice to the employee. The employee may petition, within 30 days after receipt of an agency decision, for a hearing to present additional evidence. Within 30 days after receipt of additional evidence or conclusion of a hearing, the agency will declare its findings.

(c) After filing a claim of exemption under this section, an employee shall pay to the labor organization or employee association amounts equivalent to the amount of dues, initiation fees, and assessments then being assessed members of the labor organization or employee association. Amounts paid after filing a claim of exemption are eligible for transfer to a charitable organization qualifying under AS 23.40.225 and this section.

(d) Upon declaration by the agency that the employee is exempt from becoming a member of a labor organization or employee association, the agency will notify the employee and the organization or association and will require that it contribute to a charitable organization amounts of money paid by the employee under (c) of this section. The amount contributed must be equivalent to those payments, retroactive on a pro rata basis, to the date of filing the employee's application for exemption.

(e) Within 30 days following the filing of a claim under (a) of this section, the labor organization or employee association representing the bargaining unit which contains the employee shall

(1) submit to or have on file with the agency a list of the employees who have claimed exemption under this section;

(2) submit to or have on file with the agency a list of the charitable organizations to which it will transmit the alternative payments permitted under this section;

(3) open and maintain an account into which funds received from those individuals claiming exemption will be placed and from which amounts will be remitted to charitable organizations contained in a list filed with the agency under this section.

(f) If the agency is in doubt as to whether the designated charitable organizations meet the requirements of AS 23.40.225 , it will so notify the labor organization or employee association. Upon receipt of this notice, the labor organization or employee association may submit additional information to satisfy the agency. If it is unable to do so, it is entitled to a hearing before the agency on the question. Following the hearing, the agency will issue a ruling on the matter.

(g) Each labor organization or employee association representing a unit of public employees containing religious objectors who are contributing equivalent sums to dues, initiation fees, and assessments for transmittal to an appropriate charity shall submit an annual report to the agency, not later than 30 days following the close of its fiscal year showing proof of contribution in a form prescribed by the agency.

History: Eff. 6/2/78, Register 66

Authority: AS 23.40.170

AS 23.40.225