Alaska Public Employees Association/AFT Web Site

FULL MEMBER VS AGENCY FEE-PAYER

Definition:  The Full Member of the Union is the bargaining unit member who chooses to affirmatively join the union, to pay regular membership dues and who will participate (to a greater or lesser degree) in the business and activities of the union, or who is, at least, eligible to so participate.

The Agency Fee-Payer is the bargaining unit member who chooses to decline actual union membership, but who is nevertheless required to participate in the funding of the union’s representational services on behalf of the bargaining unit and its collective members.

As a matter of background and explanation, it is obvious that not everyone will (for any variety of reasons, perceived reasons and/or excuses) pay for services received if there is no mechanism to require payment.  Therefore, as laws were enacted to legalize collective bargaining provisions were written to provide for “union security”, or the requirement that all persons in a bargaining unit must share the cost of administration, representation and the business of the bargaining unit.  Through an on-going series of court decisions (which are further defined several times every year), the “agency shop”/”agency fee-payer” concept has been developed which provides that

1)      No bargaining unit member (that is, member of an employee group which is collectively represented by a union) may be forced to join the union, but

2)      Every bargaining unit member, regardless of actual union membership, may be required to pay their “fair share” of the cost of the bargaining unit’s representational services and work.

Those representational services are often the subject of controversy.  The courts (at present) have decided that, when union security provisions have been negotiated into a collective bargaining agreement, the union must collect and maintain data which quantifies all union work activities into categories generally described as “representational services” and “non-representational activities”.  “Representation” means activities such as negotiating the contract, administering the contract and handling contract grievances and disciplinary issues; “non-representation” means such things as political activism, organizing outside of the industry or jurisdiction of the bargaining unit (for instance, organizing mine workers might be “non-representational” to the JESS bargaining unit, while organizing JSD school bus drivers or classified employees in another southeast school district might be “representation” because successful organization would increase APEA’s strength and standing in the classified school employee representational arena). 

So, each year APEA is required, by law, to audit staffs’ work activities and that portion of total time and expenditures that pay for representational services, and thereby define the service fee responsibility of Fee-Payers.  The Fee-Payer is charged only for the audited cost of representational services; the difference is usually about 8% - 12% less than the cost of full membership.

Rights of a Fee-Payer:  The fee-payer has a right to all rights and benefits which are negotiated into the bargaining unit’s collective bargaining agreement – wages, overtime rules, holidays, vacation, health insurance benefits, but no voice in the suggestion or discussion of proposals, the negotiation of proposals or the approval/disapproval of the contract when it is eventually negotiated and submitted for ratification.

The fee-payer has the right to union representation when (if) the fee-payer is facing disciplinary action, has a grievance or otherwise requires assistance presenting or advocating any issue or dispute covered by the collective bargaining agreement.

The fee-payer has no right or access to benefits associated with union membership, such as scholarships, union sponsored training, union provided occupational insurance, AFT-Plus discount & insurance benefits, or membership participation, discussion and voting rights.  The fee-payer has separated him/herself from the group, membership in the group and participation with the group.  (Complete information regarding these benefits can be found on the APEA/AFT website:  http://www.apea-aft.org/agency.htm.)   

Rights & Privileges of the Member:  The union member is a full-fledged member of and participant in the bargaining unit and the administration of the bargaining unit and conduct of the union’s representational duties on behalf of the bargaining unit and its individual members.

The union member is welcome to participate in the discussion, development and advocacy of negotiating proposals, helps to set the agenda and goals of negotiations and votes on the tentative agreement contract when it is presented for review, discussion and vote.  The union member may run for office in the local union, serving as an officer, negotiator and/or employee representative; and may run for office with APEA/AFT, the state affiliate providing liaison and service between the local union and the local’s national union affiliate.  The union member may also participate in other business and activities of the local union, such as supporting political candidates and/or propositions, working on behalf of community activities and events in which the local union may become involved and attending training programs, which may be presented by the local union or by APEA or AFT, or simply sponsored by the local union or APEA or AFT.

The union member is also eligible to avail him/herself of the numerous “perks” provided by the local union, state affiliate, national union and the national organization of labor unions (the AFL-CIO).  These benefits may include discount purchases and other values, insurance options and training and educational opportunities.

The union member not only avails him/herself of the benefits and protections of union membership, but also participants in the activities and business of the union, and helps to establish and accomplish the goals, purposes and business of the union.  

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Last Updated October 09, 2006