Q. What are agency fee objectors?

A. They are agency fee payers who request to pay only that portion of their agency fees which are spent for direct worker representation.

Q. How do agency fee payers make their requests?

A. They must send a letter to the International's agency fee administrator during May each year.

Q. What if they write to the Local instead?

A. The Local should forward the letters to the International's agency fee administrator and advise the workers that their request has been sent to the appropriate office in Washington.

Q. What happens once workers apply?

A. First, the International identifies the workers as members or agency fee payers. If they are members, they are reminded of the benefits of union membership and cautioned that they would have to give them up to be an agency fee objector. If they are agency fee payers, they will be sent advance reduction checks for the non-chargeable portion (that part not spent for direct worker representation) of the fees they will pay for the upcoming year and information explaining the calculations and procedures for making a challenge.

Q. Do agency fee payers have to file during May?

A. Generally yes, but there are two situations where a person may object outside the May window period. The first is when a new worker joins the bargaining unit as an agency fee payer. The second is when a member resigns from the union. In both of these situations, the worker has thirty (30) days from the event to file an objection.

Q. Does the Local know who is applying for objector status before the advance reduction checks are mailed to the individuals?

A. Yes. The Local is sent a list of provisionally eligible objectors and is asked to check for those who may be retired, promoted to management, or otherwise not eligible.

Q. How do workers know about the agency fee objector policy?

A. Workers are advised of the objector policy in two ways. First, when workers first join the bargaining unit, they should be given a copy by the Local of the flyer, "Your Rights With Respect To Union Representation" which includes the CWA Policy on Agency Fee Objection. Second, the objector policy is published each year in the March issue of the CWA News. Further, the policy is a part of the booklet containing the CWA Constitution.

Q. Why does the Local have to give new workers a copy of the flyer, "Your Rights With Respect To Union Representation"?

A. The union must notify workers responsible for paying dues as a condition of employment of their right not to be members and their right not to pay for activities other than direct worker representation. The notice should be given at the time the worker is asked to join the union.

If we don't tell workers of their right to object and we have to enforce the union security clause because of non-payment of dues, we can be in an undefensible position if they file an unfair labor practice charge. We may then not be able to collect full back dues because the NLRB may assume the workers would have objected had they been notified.

Q. How much are the objector's advance reduction checks?

A. The checks are based on the International's non-chargeable percentage of expenditures from the most recent audit. The figure is usually between 20-25%.

Q. Is the Local's percentage of non-chargeable expenditures factored in?

A. No, because including the Local's calculations does not significantly change the amount paid to the objector and it puts a costly administrative burden on both the Local and the International.

Q. Why does CWA pay the objectors their non-chargeable portion before the agency fees are paid?

A. We used to collect their agency fees throughout the year and rebate the non-chargeable percentage. In 1988 we switched to an advance reduction system to unify our public and private sector objection procedures.

Q. So they get the money up front. What if they leave the Union during the year. Do we get the money back?

A. Regrettably, no. The expense of collecting the money owed to the Union would exceed what we would get back.

Q. What if they stop paying their agency fees during the year?

A. The Local would take much the same action as for anyone who stopped paying agency fees. The only difference would be to first check with the agency fee administrator to see if that individual has filed a challenge within the CWA system or an NLRB charge. If she has filed a challenge or a charge, we would advise delaying the request for termination until the case is resolved.

Q. Once workers become objectors, do they stay objectors forever?

A. No, they must object on an annual basis.

Q. Who do I call if I have questions about the objector policy?