8 AAC 97.320. Service fee objections

(a) An employee with an objection to the service fee assessed by a labor organization or employee association under AS 23.40.110 (b)(2) or AS 42.40.760 (b)(2) may object to the amount of the fee by filing a claim with the labor organization or employee association under its internal fair share procedures.

(b) A labor organization or employee association shall provide internal fair share procedures that include

(1) financial statements of the labor organization or employee association verified by an independent auditor;

(2) identification of expenses for collective bargaining and contract administration and of expenses not chargeable to collective bargaining and contract administration;

(3) the opportunity for an employee to object to payment of amounts unrelated to collective bargaining or contract administration; and

(4) a prompt decision by an impartial decision maker.

(c) After filing an objection, the employee shall continue to pay the full amount of the service fee assessed. The labor organization or employee association shall hold the disputed portion of the service fee in the escrow account set out in 8 AAC 97.305. The portion of a service fee that is not disputed is not subject to the escrow requirement.

(d) Upon reaching a decision, the impartial decision maker shall

(1) order the labor organization or employee association to withdraw from the escrow account and pay the employee any portion of the service fee to which the employee is entitled and the interest accrued on that portion; and

(2) permit the labor organization or employee association to withdraw from the escrow account any portion of the service fee and accrued interest to which it is entitled.

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

Authority: AS 23.05.380

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