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01/10/2011 <br /> 3.1.7.3 In the event that an employee who is not exempted <br /> from payment under Section 3.1.3 does not <br /> voluntarily sign and deliver to the City an <br /> authorization pursuant to Section 3.1.7.2 or pay <br /> annually the agency fee directly to the Union <br /> pursuant to Section 3.1.7.1, the Union may request <br /> in writing that the City deduct from the pay of the <br /> employee and pay to the Union the normal and <br /> regular monthly agency fee without the approval of <br /> the employee. Prior to making a request for the City <br /> to involuntarily deduct the agency fee from an <br /> employee's pay, the Union shall notify the employee <br /> of the request. If the employee and the Union are <br /> unable to reach agreement on the manner of <br /> payment, the Union shall certify to the City in writing <br /> that the employee whose pay is to be affected by <br /> the deduction has: (1) refused to join the Union; (2) <br /> has refused to tender the amount of agency fee as <br /> defined herein; and (3) does not qualify for an <br /> exemption under Section 3.1.6.1 herein. The City <br /> and the Union agree that such written certification is <br /> a condition precedent to the City's obligation to <br /> begin a payroll deduction. <br /> 3.1.7.4 The City is under no obligation to make payroll <br /> deductions for periods during which an employee is <br /> either terminated from active employment or not on <br /> the City's active payroll for any reason, including, but <br /> not limited to, layoff or voluntary leave of absence <br /> for more than thirty (30) days. <br /> 3.1.7.5 Upon the rehiring of any employee, or upon the <br /> recalling of an employee from layoff status, the City <br /> will resume or initiate dues or agency fee deductions <br /> for such employee only upon a valid dues /agency fee <br /> deduction authorization as defined herein. <br /> 3.1.8 Obligations of the Parties <br /> 3.1.8.1 City's Obligations. The City's sole and exclusive <br /> obligations under this Section are to notify any <br /> employee who has failed to comply with the <br /> provisions of this Section that, as a condition of <br /> employment in the City, such employee must either <br /> become a Union member, pay an agency fee, either <br /> through voluntary or involuntary deductions, or <br /> establish an exempt status and make payment <br /> pursuant to provisions of Section 3.1.6.1 of this <br /> 5 <br /> Page 11 #15077 <br /> MUFF #905 <br />