Section 45168 Of Article 2. Salaries From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 5. >> Article 2.
45168
. (a) Except as provided in subdivision (b), the governing
board of each school district when drawing an order for the salary or
wage payment due to a classified employee of the district may,
without charge, reduce the order by the amount which it has been
requested in a revocable written authorization by the employee to
deduct for the payment of dues in, or for any other service provided
by, any bona fide organization, of which he is a member, whose
membership consists, in whole or in part, of employees of such
district, and which has as one of its objectives improvements in the
terms or conditions of employment for the advancement of the welfare
of such employees.
The revocable written authorization shall remain in effect until
expressly revoked in writing by the employee. Whenever there is an
increase in the amount required for such payment to the organization,
the employee organization shall provide the employee with adequate
and necessary data on such increase at a time sufficiently prior to
the effective date of the increase to allow the employee an
opportunity to revoke the written authorization, if desired. The
employee organization shall provide the public school employer with
notification of the increase at a time sufficiently prior to the
effective date of the increase to allow the employer an opportunity
to make the necessary changes and with a copy of the notification of
the increase which has been sent to all concerned employees.
Upon receipt of a properly signed authorization for payroll
deductions by a classified employee pursuant to this section, the
governing board shall reduce such employee's pay warrant by the
designated amount in the next pay period following the closing date
for receipt of changes in pay warrants.
The governing board shall, on the same designated date of each
month, draw its order upon the funds of the district in favor of the
organization designated by the employee for an amount equal to the
total of the respective deductions made with respect to such
organization during the pay period.
The governing board shall not require the completion of a new
deduction authorization when a dues increase has been effected or at
any other time without the express approval of the concerned employee
organization.
(b) The governing board of each school district when drawing an
order for the salary or wage payment due to a classified employee of
the district may, without charge, reduce the order for the payment of
dues to, or for any other service provided by, the certified or
recognized organization of which the classified employee is a member,
or for the payment of service fees to the certified or recognized
organization as required by an organizational security arrangement
between the exclusive representative and a public school employer as
provided under Chapter 10.7 (commencing with Section 3540) Division 4
of Title 1 of the Government Code. However, the organizational
security arrangement shall provide that any employee may pay service
fees directly to the certified or recognized employee organization in
lieu of having such service fees deducted from the salary or wage
order.
(c) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 6 (commencing with Section 45240) of this chapter.