4.1                             Unless expressly provided otherwise, every member of the unit shall, as a condition of continued employment, either become a dues-paying member of the Association, or pay the Association a service fee in an amount not to exceed the periodic dues and general assessments of the Association.  The District shall inform all new academic employees of their obligations under this Article.  Payment shall either be by payroll deduction, or by direct pay to the Association, in accordance with Association Constitution and By-Laws.

4.2                             Each academic employee who is required to pay dues or service fees pursuant to Section 4.1 and who has not previously filed a payroll deduction form for Faculty Association dues, shall, within 30 days of her or his initial employment, either:

4.2.1                        File an appropriate payroll deduction form provided by the District authorizing and instructing the District to deduct from each salary warrant due the employee for services as an academic employee the sum necessary to meet the employeeâs financial obligation to the Association; or

4.2.2                        Enter into an appropriate agreement with the Association regarding compliance with this Article, which may include a reasonable fee for providing this service.

The payroll deduction form or a copy of the agreement with the Association shall be filed with the District.

4.3                             Upon receipt of a properly executed payroll deduction form pursuant to Section 4.1, the District shall forward a copy of the form to the Association and deduct from each salary warrant due the academic employee an amount determined by the current Association dues or service fee schedule.

4.4                             Together with the aggregate amount deducted from the payroll and payable to the Association, the District shall transmit to the Association an alphabetical list of academic employees who have had dues or service fees deducted from their salaries.

4.5                             The District shall immediately notify the Association if any employee revokes a payroll deduction form required by Section 4.1.

4.6                             Upon notifying the Association that an academic employee has revoked his or her payroll deduction or if such an employee has otherwise failed to comply with the requirements of this article, the District shall notify each employee that compliance with this article is a condition of continued employment as specified in Gov. Code Sect 3540.l (k)(2).  Such notice shall be sent to the employee by prepaid first class U.S. mail. 

4.7                             If any employee who has been sent the notice prescribed by Section 4.7 does not, within 30 days from the date of the notice, either authorize the deduction of dues, service fees, or scholarship contributions, or pay directly to the Association the full amount due for the academic year, the Association may pursue sums due in court, and the District agrees to comply with any court order, including garnishment of wages.

4.8                             Notwithstanding any other provision of this article, any employee:

4.8.1                         Who has a sincere philosophical objection to contributing funds for employee representation and who has not in the past paid dues or service fees to any employee organization for the purpose of being represented in relations with his or her employer; or

4.8.2                        Who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, may file an ãObjection to Payment of Feesä under Section 4.9.

4.9                             An ãObjection to Payment of Feesä shall be filed in writing with the Association and the Vice President, Human Resources.  The Association shall have the responsibility of determining the validity of such a filing, and shall hold the District harmless in any court action surrounding the validity of such an objection.  The Objection shall include:

4.9.1                         For employees who qualify under Section 4.8.1, a statement of the nature of the employeeâs objection and certification that the employee has not in the past paid dues or service fees to any employee organization for the purpose of being represented in relations with his or her employers; or

4.9.2                For employees who qualify under 4.8.2, a statement signed by the employee identifying his or her religious affiliation and explaining the tenet or teaching under which this objection is made.

4.10                 In lieu of dues or service fees, any academic employee who qualifies under Section 4.9 may pay monthly amounts equal to the service fee to one of the following: the Santa Monica College Associates, the Santa Monica College Foundation or any scholarship fund administered by the District.  If the payments under this section are not made by payroll deduction, the Association may annually require the academic employee to provide proof of payment.

4.11                          As provided in Government Code Section 3546.3, if any employee who qualifies under Section 4.8 requests the assistance of the Association in using the conciliation and grievance procedure set forth in Article 12, or in representing the employee in individual issues related to terms and conditions of employment, the Association may charge the employee for the reasonable cost of providing these services.