FAQ - Agency Fees

The employee should contact his/her exclusive representative. See Contact Information and Contracts.

Under the law, unless one has been designated a conscientious objector, payment of union dues or the Agency Fee is a condition of employment. Employees who refuse to pay the dues/fee cannot remain University employees.

The Agency Fee may be rescinded (or eliminated) by a majority vote in a secret ballot election of all employees in a particular bargaining unit. To hold an election, a petition must be served on the Public Employment Relations Board (PERB) containing signatures of at least 30% of the employees in that bargaining unit. No more than one vote can be taken during the term of any contract in effect on or after January 1, 2000.

No, under the law the fees will be automatically deducted like taxes and Social Security.

If an employee is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations, the employee should contact his or her union to seek exemption from the Agency Fee. Exempt employees are required to donate an amount equivalent to the Agency Fee to one of three non-religious, non-labor charities designated jointly by the union and the University. The union is solely responsible for deciding the employee's objector status. If the employee does not know what union to contact,  Human Resources' Labor Relations Office (labrel@berkeley.edu) can assist.

Limited appointment employees covered by a collective bargaining agreement are subject to the deduction. Students in limited positions are thus also subject to the fee. Students in casual/restricted positions are not covered by collective bargaining agreements and are, therefore, not subject to the fee.

No.

All University employees covered by a collective bargaining agreement who are not currently paying union dues could be required to pay the Agency Fee. The following unions have opted to implement Agency Fees:

• AFSCME (American Federation of State, County and Municipal Employees) for employees covered by the Service and Patient Care Technical labor agreements
• CNA (California Nurses Association) for employees covered under the Nurse agreement
• CUE (Coalition of University Employees) for employees covered under the Clerical agreement
• GCU (Graphics Communications Union) for employees covered under the Printing Trades labor agreements
• UAW (United Auto Workers) for employees covered under the Academic Student Employees agreement
• UPTE (University Professional and Technical Employees) for employees covered under the Technical, Staff Research Professional, and Hospital Professional Residual labor agreements
• UC-AFT (American Federation of Teachers) for employees covered under the Non-Senate Instructional and Librarian Memoranda of Understanding