IBEW Local 30

Demand and Return Policy for Objecting New Jersey Public Sector Agency Fee Payers

  1. Any employee who is not a member of the IBEW and who pays representation fees to IBEW Local 30 (hereinafter referred to as a “Fee Payer”) has the right to the return of his or her fees for activities that are related to benefits provided only to members, or fees spent in aid of activities or causes of a partisan political or ideological nature only incidentally related to the terms and conditions of employment. N.J.A.C. 19:17-3.4(a)(2). For the purposes of this plan, such activities will be referred to as “non-chargeable activities”.
  1. Pursuant to N.J.S.A. 34:13A-5.5(b) and N.J.A.C. 19:17-3.4(a), the maximum representation fee a Fee Payer can be assessed shall be the lesser of:
  1. 85% of regular membership dues.
  2. Regular membership dues reduced by the percentage amount spent during the most recently completed fiscal year by IBEW Local 30 (hereinafter “Local Union”), and any affiliate of the Local Union which receives any portion of the representation fee, on non-chargeable activities.
  1. Representation fees are composed of a portion forwarded to the IBEW (hereinafter “International Office”) as monthly per capita payments and a portion retained by the Local Union.
  1. During the course of the Local Union’s dues year (July 1 to June 30), Fee Payers will remit 85% of the regular membership dues charged by the local union.
  1. At the conclusion of the dues year, which shall coincide with the Local Union and International Office’s fiscal year, both the Local Union and International Office shall commission an audit. The audit shall set forth the major categories of expenditures and shall also identify expenditures of the Local Union and International Office for non-chargeable expenses, pursuant to N.J.A.C. 19:17-3.3(a)(1). The Local Union and International Office will then calculate the percentage of their respective total expenditures devoted to chargeable and non-chargeable expenditures. These calculations will be verified by an independent auditor.
  1. No later than July 31stof the following dues year, each Fee Payer will receive the following:
  1. A copy of this demand and return policy;
  2. A copy of the audits for both the Local Union and International Office for the most recently audited fiscal year;
  3. Instructions for Fee Payers to appeal the amount assessed as a representation fee. Said instructions shall be set forth in this demand and return policy;
  4. The name and address of the financial institution where both the Local Union and International Office maintain an account for the purpose of holding in escrow the portions of representation fees which are reasonably in dispute. The interest rate of said account will also be disclosed;
  5. Assuming the Local Union’s percentage of expenditures for chargeable expenses is below 85%, the Local Union will provide a calculation and a reduction check to each Fee Payer reflecting the reduction in the Local Union’s portion of representation fees for the upcoming dues year; and
  6. The International Office will provide a calculation and a reduction check to each Fee Payer, reflecting the reduction in monthly per capita payments to which the Fee Payer is entitled for the upcoming dues year.
  1. A Fee Payer who disagrees with the proportional allocation made by the Local Union, or International Office, in the belief that it does not accurately reflect the Local Union or International Office’s chargeable activities, may appeal the calculations to an impartial arbitrator appointed by the American Arbitration Association or by filing directly with the New Jersey Public Employment Relations Commission (PERC) Appeal Board.
  1. If the Fee Payer disagrees with the proportional allocation made by the Local Union, notice of the appeal must be made within 30 days of receiving the information outlined in paragraph 6, and mailed to:

IBEW Local 30

212 West State Street

Trenton, NJ 08608

  1. If the Fee Payer disagrees with the proportional allocation made by the International Office, notice of the appeal must be made within 30 days of receiving the information outlined in paragraph 6, and mailed to:

International Secretary-Treasurer

International Office of the IBEW

900 7th Street, N.W.

Washington, D.C. 20001

  1. In the event that any Fee Payer challenges both the Local Union and International Office calculations, such appeals will be coordinated.
  2. In filing his or her appeal, the Fee Payer must include their name and address, the Local Union to which they belong, their non-member identification number if known, and their social security number. The appeal should also explain the basis of the challenge.
  3. While the appeal is pending, the Local Union and/or International Office will hold in escrow a portion of the representation fees and/or per capita payments, paid by the Fee Payer, to insure that the portion of the representation fee/per capita payment which is reasonably in dispute will not be expended during the appeal procedure.
  4. If there is more than one Fee Payer objecting to the same computation of representation fee/per capita payment, all such appeals will be consolidated. The presentation to the arbitrator will either be in writing, or at a hearing if requested by any Fee Payer. If a hearing is held, any Fee Payer who does not wish to attend may submit his or her views in writing by the date of the hearing. If a hearing is not requested, the arbitrator will set a date by which all written submissions will be received, and will decide the case based on the records submitted. The Local Union/International Office will bear the burden of justifying its calculations.
  5. The cost of the arbitrator’s services and the costs of any proceedings before the arbitrator will be borne by the Local Union and/or International Office. Individually incurred costs will be borne by the party incurring them.
  6. A Fee Payer may appeal the arbitrator’s decision to the New Jersey PERC Appeal Board within the time limits set forth in N.J.A.C. 19:17-4.5.
  7. Upon resolution of a challenge, any excess fee paid by a Fee Payer shall be paid to that employee out of the escrow account with interest. The remaining funds in the escrow account shall be paid over to the Local Union and/or International Office.
  1. To the extent that this Demand and Return Policy contradicts the Demand and Return Policy promulgated by the International Office, the terms set forth herein shall control.