The following are the rules and
policies to be applied by the IATSE and affiliated locals in connection
with Financial Core Status:
1) The term Financial Core Status
refers to a person who works under a collective bargaining agreement
which contains a union shop provision that obligates such person to pay
initiation fees and dues to the union after thirty days of employment
and applies to (a) a member who resigns and who is obligated to pay
initiation fees and dues or (b) a person entering employment who elects
not to become a member of the union but is obligated to pay initiation
fees and dues.
2) An employee who takes Financial
Core Status is obligated under the terms of the collective bargaining
agreement to pay initiation fees and dues, including work dues, to the
union subject to a reduction for fees and dues used by the union for
political or ideological objectives.
3) A member who makes a written
request for Financial Core Status is deemed to have resigned from
membership and by doing so will have no rights of membership (as
distinguished from employment rights). Among other things, such person
will not have the right to attend membership meetings, to run for
office, to vote in union elections, to participate in formulation of
bargaining proposals and ratification votes. However, so long as the
person continues to pay his or her financial obligations to the union,
he or she has the right to continue employment and to be represented by
the union under the collective bargaining agreement the same as a union
member. A person who takes Financial Core Status and later wishes to
re-join the union will have to apply for membership and will be treated
as a new member for all purposes, including initiation fees, unless
there is a waiver or a special fee for readmission.
4) There is an exception to the
requirement that a person with Financial Core Status pay the same dues
as members. By reason of the U.S. Supreme Court case, Beck vs. CWA. a
person with Financial Core Status is only obligated to pay that share
of union dues that is chargeable for the cost of union administration,
collective bargaining, contract representation and to matters that are
germane to representation. Expenses involving political, social and
ideological matters are not chargeable.
5) The union will break down its
expenses into those items which are chargeable and not chargeable to
Financial Core Status employees by a special audit by a certified public
accountant.
6) The IATSE will provide to each
IATSE member at least once a year through the IATSE Bulletin the IATSE
financial core policy which will constitute notice to members working
under collective bargaining agreements with a union security clause of
the right to take Financial Core Status and be in compliance with the
applicable union security clause. An employee not a member who is
required to comply with a union security clause shall be informed at the
time of application for membership that he or she may take Financial
Core Status in place of union
membership and be in compliance with the applicable union security
clause. Upon request, the union will provide to a member or person
applying for Financial Core Status the most recent audit by the
independent accounting firm as to the chargeable and non-chargeable
expenditures of the union and how the percentage of dues to be paid was
determined.
7) A person who requests Financial
Core Status may choose to pay the full amount of the regular dues and in
that case he or she will be charged the full amount. Any member who
takes Financial Core Status or an employee who is required to fulfill
financial obligations under the union security clause who desires to
only pay the amount of dues that are chargeable to a Financial Core
Status e
ployee
must notify the union in writing that he or she does not desire to pay
the full amount of union dues. Such written request must be signed by
such Financial Core Status person. The reduction of dues will take
effect in the next dues period after such notice is received by the
union.
8) A Financial Core Status person may,
within thirty (30) days after taking Financial Core Status or after
receiving the audit statement, file a written objection to any of the
items of the expenditures breakdown or to the percentage of the dues
that the union has determined must be paid. Such objections must be in
writing and signed by the person filing the objection. If the union
does not agree with the objection either as to the expenditures or as to
the percentage amount of dues to be paid, then the union will notify the
Financial Core Status person, objecting in writing that such person has
ten days to request arbitration; and if he or she fails to do so
within that time by a written notice, then such person waives the right
to arbitration.
9) If more than one Financial Core
Status person requests arbitration, the union will consolidate all
such objections into one arbitration proceeding. The union will provide
an impartial arbitration proceeding through the American Arbitration
Association and will pay the adminis
10) The union will open an interest
bearing, separate and identifiable escrow account, if there are any
objecting Financial Core Status persons. Any portion of dues that is
received by the union on behalf of a Financial Core Status person that is
in dispute will be placed in such escrow account.
11) The President of the IATSE or his
designee shall administer the policy in a manner that is consistent with
the objectives of the policy and the applicable federal law to provide a
fair and equitable procedure regarding Financial Core Status persons.
The President or his designee shall have the authority to determine the
amount of the reduction of dues for each fiscal year. For a local union,
the chief administrative officer shall have such responsibilities.
12) This policy shall be deemed to be
automatically amended to conform with applicable federal laws.
