8 AAC 97.310. Religious exemption from association

(a) An employee claiming the right of nonassociation with a labor organization or employee association under AS 23.40.225 or AS 42.40.880 shall file the claim with the labor relations agency and shall provide the following information:

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

(2) the name of the collective bargaining unit concerned;

(3) the name, address, telephone number, and facsimile machine number of the collective bargaining representative;

(4) the name, address, telephone number, and facsimile machine number of the public employer; and

(5) a sworn and notarized statement by the employee that the employee's sincerely held religious beliefs prohibit the payment of dues, initiation fees, or assessments to a labor organization or employee association.

(b) The employee shall serve copies of the claim as required under 8 AAC 97.015 upon the labor organization or employee association and upon the employer.

(c) Within 30 days after service of the claim, the labor organization or employee association may object to the claim and request a hearing. If the labor organization or employee association does not object, the agency will grant the exemption. If the labor organization or employee association objects, the agency will schedule a hearing under 8 AAC 97.330 - 8 AAC 97.480.

(d) After an employee files a claim under this section, the employee shall pay 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. The labor organization or employee association shall hold the amounts in the escrow account set out in 8 AAC 97.305.

(e) If the agency determines that the employee is exempt from becoming a member of a labor organization or employee association, the agency will issue an order requiring that the labor organization or employee association contribute to a charitable organization the employee's payments under (d) of this section.

(f) Within 30 days after the agency issues the order in (e) of this section, the labor organization or employee association shall

(1) provide the agency a list of the individuals in the employer's bargaining unit who have claimed exemption under this section;

(2) provide the agency a list designating the charitable organizations that may receive the payments attributable to an exempt employee; and

(3) withdraw from the escrow account set out in 8 AAC 97.305 an amount equivalent to the exempt employee's payments and contribute that amount to one or more of the designated charities.

(g) If the agency determines that a designated charitable organization does not meet the requirements of AS 23.40.225 or AS 42.40.880 , the agency will provide the labor organization or employee association a notice of disapproval. Within 15 days after receipt of the notice, the labor organization or employee association may submit additional information in support of the designation. If after examining the additional information the agency disapproves the designated charitable organization, the labor organization or employee association may obtain a hearing before the agency on the question by requesting a hearing within 15 days after the disapproval. Following the hearing, the agency will issue a ruling on the matter.

(h) Within 30 days after the end of its fiscal year, a labor organization or employee association with a bargaining unit that includes one or more exempt employees shall submit to the agency, on a form prescribed by the agency, an annual report showing proof of contributions to one or more of the designated charitable organizations.

History: Eff. 4/14/95, Register 134

Authority: AS 23.05.380

Editor's note: Effective with Register 134, July 1995, the regulations attorney made a technical correction in this section of a typographical error. This section's history note does not reflect the correction.

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