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ARTICLE 4 • UNION REPRESENTATION, MEMBERSHIP AND DUES DEDUCTION <br />4.1 Duty of Fair Representation <br />The Union, as the exclusive representative, has the duty to provide fair and non-discriminatory representation <br />to all employees covered by this Memorandum of Understanding, regardless of whether they are members of <br />the Union. <br />4.2 Membership Dues Deductions <br />The City shall deduct Union membership dues and any other mutually agreed upon payroll deductions, <br />including voluntary "COPE" deductions, from Union members' paychecks. The deduction shall be made only <br />after the Union certifies to the City a list of employees who have authorized such deductions. Where the City <br />receives employee requests to cancel or change deductions, the City will direct employees to the Union. <br />The City shall remit the deducted dues to the Union on a bi-weekly basis. All membership dues transmittal <br />checks to the Union will be accompanied by documentation, which includes the employee's name, gross pay, <br />job title, department, hire date, and dues deduction amount. <br />Deductions for Union dues shall remain unchanged following promotion within the bargaining unit, and <br />changes to job title, job classification, department, or represented employment status, absent action by the <br />employee or Union to change such deductions in accordance with this MOU. <br />The first pay period following reinstatement, return from unpaid leave of absence, or recall from layoff, an <br />employee's deductions for Union dues shall continue in the same status held prior to the employee's leave or <br />separation, absent action by the employee or Union to change such deductions in accordance with this MOU. <br />4.3 Exceptions <br />Part-time, non-exempt Union members in the bargaining unit shall pay pro -rated union dues on the basis of <br />said employee's annual salary as compared with the same annual salary for a comparable full-time employee. <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, no such deduction shall be made for the current pay period. <br />4.4 Inactivity and Reinstatement <br />The provisions of Article 4.2 shall not apply during periods that an employee is separated from the bargaining <br />unit, but shall be reinstated upon the return of the employee 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 />4.5 Documentation <br />All membership dues transmittal checks to the Union will be accompanied by documentation, which includes <br />the employee's name, gross pay, job title, department, hire date, and dues deduction amount. <br />