Rights and duties accompanying exclusive recognition

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  • The labor organization certified by the PERB as the exclusive representative of an appropriate bargaining unit shall have rights and duties which include, but are not limited to:
    • (a) exclusively act for and negotiate agreements with the public employer covering all employees in the bargaining unit whether or not all employees are members of the labor organization;

    • (b) declare appropriate job actions, including sanctioning strikes when permitted by this chapter, and fairly represent the interests of all employees of the bargaining unit without invidious discrimination;

    • (c) be present at any conference or hearing involving a member of the unit in which a grievance is being aired and protect the interests of the unit against adjustments that may infringe upon the terms of the agreement then in effect between the employer and the exclusive representative; Provided, however, That any employee may have his grievance heard without intervention of the exclusive representative;

    • (d) collect dues from members of the labor organization and payment-in-lieu of dues from non-members who are members of the bargaining unit; Provided, however, That a payment-in-lieu of dues shall be an amount equal to the costs to the union for representation purposes proportioned among the members of the bargaining unit or an amount equal to the dues of a member, whichever is less. To enforce the right of this subsection, an exclusive representative may bargain with the public employer to require as a condition of employment that all employees in the unit which it represents pay the amounts authorized by this subsection. All amounts collected by the public employer pursuant to the elected right of the employee under subsection (d) of section 363 of this chapter shall be promptly paid to the exclusive representative. The reasonableness of the amount of any dues or payment-in-lieu of dues may be considered and decided by the PERB.


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