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<br />5 <br /> <br />The Union, as the exclusive representative, has the duty to provide fair and non-discriminatory <br />representation to all workers covered by this Memorandum of Understanding, regardless of whether they <br />are members of the Union. <br /> <br />4.2 Options Available to Workers <br /> <br />All workers covered by this Memorandum of Understandingshall, within thirty (30) days of the date upon <br />which said worker was formally hired by the City as a bargaining unit worker, as a condition of regular <br />employment either: <br /> <br />(1) Become and remain a member of the Union; <br /> <br />(2) Pay to the Union, through payroll deduction, an agency fee in an amount to be determined by the <br />Union. This amount shall not exceed an amount which may be lawfully collected under applicable <br />constitutional, statutory, and case law; or, <br /> <br />(3) Present to the Union and the Director of Finance a written declaration that the worker is a member <br />of a bona fide religion, body, or sect which has historically held a conscientious objection to joining <br />or financially supporting any public employee organization as a condition of employment; and pay a <br />sum equal to the dues or agency fee described in (2) above to one of the following nonreligious, <br />non-labor charitable funds exempt from taxation under Section 501(c)(3) of the Internal Revenue <br />Code: <br /> <br />A. The American Cancer Society; <br /> <br />B. The American Heart Association; <br /> <br />C. The Sickle Cell Anemia Research and Education, Inc. (SCARE); or <br /> <br />D. Any charity jointly agreed upon by the City and the Union. Such charities cannot be <br />affiliated in any manner with the Union, nor can such charity be related to an established <br />religious organization. <br /> <br />Deductions for Union dues, service fee, or religious objector fee shall remain unchanged following <br />promotion within the bargaining unit, and changes to job title, job classification, department, or represented <br />employment status, absent action by the worker or Union to change such deductions in accordance with this <br />MOU. <br /> <br />The first pay period following reinstatement, return from unpaid leave of absence, or recall from layoff, a <br />worker’s deductions for Union dues, service fee, or religious objector fee shall continue in the same status <br />held prior to the worker’s leave or separation, absent action by the worker or Union to change such <br />deductions in accordance with this MOU. <br /> <br />4.2.1 Maintenance of Membership <br /> <br />Workers who voluntarily become Union members shall maintain their membership in the Union for the <br />duration of this Memorandum of Understanding, provided, however that workers may resign Union <br />membership during the first five (5) business days of November of the final year of the MOU, by notifying the <br />Union and the Personnel Division in writing by registered mail, postmarked within the withdrawal period. <br /> <br />4.3 Financial and Hudson Procedure Reporting by the Union <br />6.3.B. - Page 15