Legal

The information contained in this website is intended to provide highlights of, and general information relating to, the many benefits available to you as a member of a collective bargaining unit represented by the International Union of Operating Engineers, Local 30, AFL-CIO (“Local 30”). Such information may be subject to amendment and updating without notice.

In the event of any inconsistency between the information on this website and the official plan documents for the Local 30 Benefits Trust Funds, the official documents, as interpreted by the Fund Trustees and the Executive Board, in their sole and absolute discretion, will govern.

The Board of Trustees of the Funds reserves the right to amend, modify or wholly or partially terminate the plan of benefits relating to any or all of such Funds.  Local 30 and its Executive Board shall not be liable for any actual losses or damages or anticipated profits or benefits.

Through this website you are able to link to other websites which are not under the control of Local 30. The inclusion of any link to other websites does not imply a recommendation or endorsement by Local 30 of the information contained within those sites.

While the information contained within this website is believed to be accurate, no representation or warranty, express or implied, is or will be given by Local 30, its Executive Board or the Trustees of the Funds as to the accuracy or completeness of this information or opinions or financial forecasts contained herein.

Any personal information submitted via this website, whether by email or other means, will be used solely by Local 30, its Executive Board and the Trustees of the Funds and will not be disclosed to any third parties.

 

NOTICE TO MEMBERS OF IUOE LOCAL 30 REGARDING RIGHTS AND OBLIGATIONS OF AGENCY FEE/FINANCIAL CORE EMPLOYEES

 

            This notice is provided in accordance with the decisions of the United States Supreme Court in NLRB v. General Motors Corporation and Communication Workers of America v. Beck in order to provide all persons employed within a bargaining unit represented by Local 30 and under a collective bargaining agreement requiring the payment of dues or fees as a condition of employment of their rights to join the union or become an agency shop fee payor together with the procedures to be followed in the event that one objects to any portion of the identified agency shop fee.

 

            Sections 8(a)(3) and 8(b)(2) of the National Labor Relations Act permit unions to enter into collective bargaining agreements with employers that require employees, as a condition of employment, either to join the union (and thereby enjoy the full rights and benefits of membership) or to pay fees to the union (and thereby satisfy a financial obligation to the union without enjoying the fall rights and benefits of membership). This requirement serves the legitimate purpose of ensuring that every employee who benefits from union representation is obligated to pay his or her fair share of the cost of that representation. THE GOAL OF SUCH “UNION SECURITY PROVISIONS” IS TO ELIMINATE “FREE RIDERS” WHO BENEFIT FROM THE UNION CONTRACT WITHOUT CONTRIBUTING TO THE UNION’ S COST OF NEGOTIATING, ADMINISTERING, AND ENFORCING THAT CONTRACT.

 

            When a collective bargaining agreement requires that an employee either join or pay fees to the union, the fees charged to nonmembers are generally identical to the amount of union dues and initiation fees charged to union members. In Beck, the United States Supreme Court held that a nonmember has the right to object to paying any portion of the fee which will be expended on activities unrelated to collective bargaining, contract administration, or grievance adjustment. All nonmember fee payers are required to pay the portion of the fee which will support expenditures germane to the collective bargaining process, including, but not limited to negotiations, contract administration, grievance adjustment, meetings with employer and union representatives, and internal union administration and litigation related to the above activities. The pro-rata share of membership dues associated with these representational activities is 94.15%.  Non-member fee payers who object to doing so have the right not to pay the portion of the fee which will be expended on other “non-chargeable”  activities, including expenditures, if any, made for political purposes, for general community services, or for members-only benefits. In order to reduce the fee they pay to the union, objectors must follow the procedure described below.

 

            The Beck rights described above apply only to nonmembers–individuals who have resigned from the union or who have never joined. Under federal labor law, every person has the right to join and support a labor union, to refuse to join a labor union, and to resign from union membership at any time. However, only union members have the following valuable rights, among others: the right to attend local union meetings and speak out at such meetings on any and all issues affecting Local 30 and its members; the right to participate in the formulation of union policy; the right to influence the nature of the Local’s activities and the direction of its future; the right to nominate and vote for candidates for Local office and to run for office; the right to participate in the negotiation process for new or successor collective bargaining agreements; the right to participate in contract ratification votes and strike votes; and the right to nominate and vote for Local 30 delegates to the General Convention of the International Union of Operating Engineers.

 

 

Objection Procedure

 

  1. A nonmember who pays fees to the union pursuant to a union security provision in a collective bargaining agreement has the right to object to any portion of the fee which will be expended on activities unrelated to collective bargaining, contract administration, or grievance adjustment.
  2. The objection must be in the form of a letter, signed by the objector, and sent to the Local’s Business Manager at: 16-16 Whitestone Expressway, Whitestone, New York 11357. The objection must contain the objector’s name and address, and must identify the collective bargaining agreement(s) under which the objector works.
  3. The objection must be postmarked during the month of April, or within 30 days of the objector’s becoming a nonmember of the union, or the objector first being required to pay fees to the union.
  4. The Local will determine the amount of the reduced fee and the amount, if any, of pre-paid fees to be refunded to the objector. The reduction will be accompanied by an explanation of how the reduction amount was determined. Any objector who disagrees with the reduction amount can file an appeal within thirty (30) days thereafter. The appeal must be in writing and state the basis for the challenge. Appeals will be decided by an impartial arbitrator appointed by the American Arbitration Association through its Rules for Impartial Determination of Union Fees.
  5. A portion of the objector’s fee equal to the amount which is challenged will be held in interest-bearing escrow while the objector pursues that challenge. Details on the method of making such a challenge and the rights accorded to those who do so will be provided to challengers along with the explanation of the fee calculations.
New York Headquarters

16-16 Whitestone Expressway
Whitestone, NY 11357

(718) 847-8484

 

Connecticut Office

391 Norwich-Westerly Road
North Stonington, CT 06359

(860) 245-4226

© 2019  /  IUOE Local 30  /  We Power. We Maintain.  /  Legal

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© 2019  /  IUOE Local 30

We Power. We Maintain.  /  Legal

Website designed by Spearfish