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<br />6 <br /> <br /> <br />The Union shall annually provide the Director of Finance with copies of the financial report, which the Union <br />annually files with the California Employee Relations Board, the United States Department of Labor (Form <br />LM-2), or the Union's balance and operating statement for the prior year. Failure to file such a report within <br />sixty (60) days after the end of its fiscal year shall result in the termination of all agency fee deductions <br />without jeopardy to any worker, until such report is filed. <br /> <br />The Union shall provide the City with a copy of the Union's "Hudson procedure" for the determination and <br />protest of its agency fees. The Union shall provide a copy of said "Hudson procedure" to every agency fee <br />pay or covered by this Memorandum of Understanding and as a condition to any percentage change in the <br />agency fee. <br /> <br />4.4 Exceptions <br /> <br />Part-time, non-exempt bargaining unit workers shall pay a pro-rated agency fee on the basis of said <br />worker's annual salary as compared with the same annual salary for a comparable full-time worker. <br /> <br />If, after all other involuntary and insurance premium deductions are made in any pay period, the balance is <br />not sufficient to pay the deduction of union dues, agency fee or charity fee required in this Article, no such <br />deduction shall be made for the current pay period. <br /> <br />4.5 Inactivity and Reinstatement <br /> <br />The provisions of Article 4.2 shall not apply during periods that a worker is separated from the bargaining <br />unit, but shall be reinstated upon the return of the worker to the bargaining unit. For the purpose of this <br />Section, the term "separation" includes transfer out of the bargaining unit, layoff, termination and leave of <br />absence without pay. <br /> <br />4.6 Compliance <br /> <br />Workers may voluntarily sign and deliver to the City a written assignment authorizing deduction of the <br />properly established union dues, agency fee, or charity fee as defined in Article 4.2 above, subject to the <br />conditions set forth elsewhere in this Memorandum of Understanding for payroll deductions. Upon voluntary <br />authorization duly completed and executed, the City will deduct from the pay of union members and pay to <br />the Union bi-weekly, the normal and regular monthly union dues, agency fee, or charity fee. <br /> <br />In the event that a regular worker who is not exempted from payment under Article 4.2 does not voluntarily <br />sign and deliver to the City an authorization to deduct union dues, agency fee, or charity fee, within thirty <br />(30) days of the date on which the worker was formally hired by the City as a bargaining unit worker, the <br />City shall deduct from the pay of the worker and pay to the Union bi-weekly the normal and regular monthly <br />agency fee without the approval of the worker. <br /> <br />All transmittal checks to the Union will be accompanied by documentation which includes the worker's <br />name, gross pay, job title, department, hire date, dues or fee deduction amount, and membership status <br />(member, agency fee or charity fee). <br /> <br />The City will hand out to new workers payroll deduction authorization forms and membership applications, <br />which the Union will supply to the City. <br /> <br />4.7 Hold Harmless <br />6.3.B. - Page 16