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Labor Management Relations Glossary

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Dues Withholding

§ 7115. Dues withholding services provided by the agency to unions that win exclusive recognition or dues withholding recognition. If the former, the services must be provided without charge to the union. Employee dues assignments must be voluntary (no union or agency shop arrangements permitted under the Federal Service Labor-Management Relations Statute) and may not be revoked except at yearly intervals (see, e.g., 11 FLRA No. 101), but must be terminated when the agreement ceases to be applicable to the employee (as when the employee is temporarily promoted to a supervisory position or is detailed outside the unit--see, e.g., 25 FLRA No. 14) or when the employee is expelled from membership in the union. (Not all details to nonunit positions remove detailed employees from the unit. See, in this connection, 54 FLRA No. 34.) Agencies cannot use setoff to recoup erroneously withheld dues. See 31 FLRA No. 54. Under 5 CFR 550.312(a), an employee may only make an allotment if he or she "specifically designate[s] the allottee and the amount of the allotment." See 56 FLRA No. 157.

Dues Withholding Recognition

§ 7115(c)(1) and 5 CFR 2422.3(d). A very limited form of recognition, introduced by the statute, under which a union that can show that it has 10% of employees in an appropriate unit as members can qualify for the right only to negotiate a dues deduction arrangement. Such recognition becomes null and void as soon as a union is certified as the exclusive representative of the unit.

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