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Articles
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Section A. Description of Unit Pursuant to and in conformity with the certification issued by the Michigan Employment Relations Commission on April 15, 1974, in Case No. R74 B-70, as amended by order of the Michigan Employment Relations Commission on November 4, 1981, in Case No. C76 K- 370, the University recognizes the Union as the sole and exclusive representative for the purposes of collective bargaining in respect to wages, hours, and all other conditions of employment for all employees in the following described bargaining unit: All graduate student assistants, including graduate student instructors and graduate student staff assistants; excluding supervisors and all other employees. Section B. Definitions 1. Employee: The term “Employee” (and “Employees”) as used in this Agreement (except where the Agreement clearly indicates otherwise) shall mean only an individual assigned to one of the classification titles within the bargaining unit described in Section A. 2. Graduate Student Assistants: GSAs are employees assigned the title of (a) graduate student instructor or (b) graduate student staff assistant. An Employee must be a student in good standing in a University of Michigan graduate degree program. 3. In Good Standing: The term “in good standing” means maintaining satisfactory academic standing in a University of Michigan graduate degree program and shall be defined by the Rackham School of Graduate Studies and the enrolled department, program, and/or other academic unit. Such definitions shall be published by the various departments, programs, and other academic units. In cases where an employee is hired outside their enrolled department or program, they will be required to meet the definitions of satisfactory academic standing, as defined by the Rackham School of Graduate Studies and the enrolled department, program, and/or other academic units. The application of these definitions shall be consistent for all graduate students, including GSIs and GSSAs. 4. Graduate Student: For the purpose of this contract, an individual is a graduate student if he or she:
a. is enrolled in a graduate degree program in the term of the appointment and has been registered or on detached study in any of the nine preceding terms (for purposes of this clause, the standard academic year is considered to be composed of 3 terms that mimic the structure of the appointments [i.e., Term I, Term II, and Term III inclusive of IIIA and IIIB]), or is registered or on detached study and in his or her first semester of graduate study, and b. has not yet received the degree from the program in which he or she was enrolled; and c. has not permanently withdrawn or had his or her active status in the graduate level program terminated. Any such termination must be issued prior to his or her application for a GSI or GSSA position.
5. Graduate Student Instructor (GSI): The title “graduate student instructor” shall be given to a graduate student who:
a. is employed to teach courses, or coordinate, lead, or assist in the instructional process in direct interaction with students in recitation, laboratory, quiz, or problem sessions or to teach or during office hours; or, b. is employed to provide tutorial instruction on a regularly scheduled and pre-arranged basis throughout not less than one term, but specifically excluding individuals who provide tutorial instruction on a demand or on-call basis, regardless of the frequency of the demand or calls; or c. is employed on a regularly scheduled and pre-arranged basis throughout not less than one term to grade papers or examinations in a manner that requires subjective evaluation above and beyond the mechanical or routine comparison of submitted papers or examinations with answers, responses, or elements predetermined as correct or acceptable by another individual or method or (b) provides tutorial instruction. It is understood, however, that the title need not be given to an individual who grades on a demand or on-call basis regardless of the frequency of the demand or calls; or d. is an experienced GSI and is employed throughout not less than one term by an academic department, school, or college as a consultant and teaching mentor for graduate student instructors in that department, school, or college and whose activities include but are not limited to: observing GSIs, providing feedback to GSIs and, consulting with GSIs on teaching-related issues. The employment categories described in items 5b. through 5d. shall apply to those who either: a) begin their employment at the outset of the term and are appointed through the end of the term; or b) are appointed within two weeks after the date classes begin as published by the Office of the Registrar for the Ann Arbor campus and are appointed through the end of the term. 6. Graduate Student Staff Assistant (GSSA): The title “graduate student staff assistant” shall be given to a graduate student whose employment (1) fulfills a degree requirement or (2) is other-wise considered academically relevant by the department or degree program in which the degree is being pursued and who is employed to perform administrative, counseling or educational duties other than those of a graduate student instructor. If employment is in a department or unit other than the one in which the degree is being pursued, the graduate student will not be given the title graduate student staff assistant unless prior arrangements have been made between the employing department or unit and the department or program in which the degree is being pursued to provide employment under that title. It is understood that among those holding the staff assistant title are graduate students employed by and in (1) the University Library Associate Program or (2) the Dean’s Office of the College of Literature, Science, and the Arts in the positions as academic counselors 7. Term: A “term” means the period of time consistent with an academic calendar and designated as Term I (Fall), Term II (Winter), Term III (Spring-Summer), Term IIIA (Spring-Half), or Term IIIB (Summer-Half). 8. Department and Unit: “Department” or “Unit” means the University operational unit which employs graduate student assistants. This includes, but is not necessarily limited to operations known as departments, centers, and institutes. 9. Instructional Staff: “Instructional Staff” means regular or supplemental professors, associate professors, assistant professors, instructors and lecturers. Section C. Eligibility 1. The definitions set forth in Sections B.5 and B.6. are not intended to establish mutually exclusive duties for Employees assigned these titles, but are established to denote principal functions. 2. These titles, GSI and GSSA, need not be assigned by a department or unit to a graduate student employed to provide any of the above services who holds a graduate or professional degree in a field of specialization relevant to the department or unit of employment, but is currently pursuing a graduate degree in a different field of specialization. Nor must a department or unit assign this title to any graduate student who already holds a doctorate or professional degree from a degree program comparable to that of the department or unit or who has equivalent professional experience.
Section D. Grievance Procedures No matter concerning the definition or application of “in good standing” in a University of Michigan graduate degree program shall be subject to the grievance and arbitration procedures. In the event that a grievance arises alleging a violation of this Article, it shall begin at Step Two of the Grievance and Arbitration Procedure, provided it is submitted in writing within twenty (20) days following reasonable knowledge of the facts giving rise to the grievance. There shall be unrestricted review of all aspects of the grievance at Steps Two and Three. If any such grievance alleging a violation of this Article should be taken to arbitration as provided in Section D of Article XVI, the Arbitrator’s authority and jurisdiction shall not include any matter involving a question of good standing in a University of Michigan graduate degree program or whether employment is academically relevant. Neither shall the Arbitrator have authority to review the decision by a department or degree program regarding the acceptability of an employment position as meeting a degree requirement. The Arbitrator shall, however, have authority to determine the factual matter of whether an employment position has or has not been certified as meeting a degree requirement by the department or degree program in which the degree is being pursued. Nothing herein shall preclude a group grievance on behalf of all named and similarly affected individuals. |
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The University retains, solely and exclusively, all of its inherent rights, functions, duties, and responsibilities with the unqualified and unrestricted right to determine and make decisions on all terms and conditions of employment and the manner in which the operations of the University will be conducted except where those rights, functions, duties, and responsibilities may be limited in this Agreement. |
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The Union, through its officials, will not cause, instigate, support or encourage, nor shall any Employee take part in, any concerted action against or any concerted interference with the operations of the University, such as the failure to report for duty, the absence from one’s position, the stoppage of work, or the failure, in whole or in part, to fully, faithfully, and properly perform the duties of employment. Nothing in this paragraph, however, shall be construed to limit participation of individuals in an activity that is unrelated to their employment relationship.
In the event of any such action or interference, and on notice from the University, the Union, through its officials, will immediately disavow such action or interference and instruct in writing any and all Employees to cease their misconduct and inform them that this misconduct is a violation of the Agreement, which subjects them to disciplinary action, including discharge. If the Union, through its officials, performs its obligations as set forth in this Article, the University agrees that it will not file or prosecute any action for damages against the Union or its officials. Nothing herein, however, shall preclude the University from proceeding against any Employee involved in such action or interference. The University agrees that during the life of this Agreement there will be no lockout. |
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Section A. Principles and Definitions 1. Statutory Compliance - It is agreed that there shall be no discrimination in the application of the provisions of this Agreement based on impermissible factors as defined below and as consistent with the state of Michigan Elliot-Larsen Civil Rights Act of 1976. Refer to Appendix C for the text of the act.
The University agrees to abide by the protections afforded employees with disabilities as outlined in the rules and regulations which implement Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. Refer to Appendix A for a description of the Americans with Disabilities Act.
2. Impermissible Factors - “Impermissible factors” means an Employee’s race, creed, color, religion, national origin, ancestry, marital status, familial status, parental status or pregnancy status, sex, gen- der identity or expression, sexual orientation, age, height, weight, disability, citizenship status, veteran status, HIV antibody status, political belief, membership in any social or political organization, participation in a grievance or complaint whether formal or informal, or any other factor irrelevant to his or her employment status or function.
3. Definition of Discrimination Any of the following constitute “discrimination”:
a. to discharge, or otherwise to act against an individual when the act arises from or is related to the Employee’s status or function as a GSI or GSSA, because of an impermissible factor.
b. to limit, segregate, or classify an Employee in a way that deprives or tends to deprive an Employee of an employment opportunity or otherwise adversely affects the status of an Employee because of an impermissible factor.
c. sexual harassment. “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature under the following conditions:
i. submission to or rejection of the conduct or communication by an employee is used as a factor in decisions affecting his or her employment; or ii. the conduct or communication has the purpose or effect of substantially interfering with an employee’s employment, or creating an intimidating, hostile, or offensive employment environment.
d. harassment. “Harassment” means conduct by a University of Michigan employee directed toward a member of the bargaining unit that arises from or is related to the Employee’s status or function as a GSI or GSSA and that includes, but is not limited to, repeated or continuing unconsented contact or repeated verbal abuse, threats, or intimidation that significantly interferes with the Employee’s ability to perform his or her job duties, that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose related to the individual’s employment, unless the timing or manner in which the activity or conduct is done would cause a reasonable individual to suffer emotional distress and that actually causes the harassment grievant to suffer emotional distress.
Section B. Grievance Procedure
In the event an Employee has a grievance alleging a violation of this Article, the grievance may be initiated at Step One, Step Two, or Step Three of the grievance procedure, at the discretion of the Union, provided it is submitted in writing within forty (40) calendar days following reasonable knowledge of the facts giving rise to the grievance. In the event the Union gives notification of intent to arbitrate as provided in Section D of Article XVI, the University and the Union will select an arbitrator as provided in Section D of Article XVI, provided, however, that a list of arbitrators familiar with discrimination allegations will be requested if the University and the Union are unable to select a mutually agreeable Arbitrator. In discrimination cases, the fees and expenses of the Arbitrator shall be paid by the Union if the grievant’s claim of discrimination is denied and by the University if the grievant’s claim of discrimination is upheld. Nothing in this section shall be construed to prevent an Employee who alleges discrimination from exercising constitutional or statutory rights which might be available in addition to arbitration, provided however: (1) that if the Union gives notification of intent to arbitrate, the aggrieved Employee shall not attempt to avail him or herself of such additional rights until after receipt of the arbitration award, except for a case where the Employee might be foreclosed from exercising those rights because of the time involved in the arbitration proceedings, and (2) that if the Employee files for such rights prior to receipt of the arbitration award, the Employee will request any investigative agency to delay its investigation pending receipt of the arbitration award. In the event the Employee acts in a way inconsistent with (1) and/or (2), the grievance and arbitration process shall cease. As an alternate to step one of the grievance process (Section C of Article XVI), complaints or grievances by Employees alleging a violation of this Article can be brought directly to the Office of Institutional Equity. Time spent in active pursuit of such informal dispute resolution will not count towards the grievance clock for step one.
Section C.
Neither the University nor the Union shall discriminate against, intimidate, restrain, coerce, or interfere with any employee because of, or with respect to, his or her lawful union activities or membership or the right to refrain from such activities or membership. In addition, there shall be no discrimination against any Employee in the application of the terms of this Agreement because of membership or non-membership in the Union.
Section D. Changes In the event the University adds any additional category or categories of protected classes to its current policies on non-discrimination, such category or categories will be added to this Agreement, unless upon written notice, within thirty (30) days of such adoption by the University, the Union informs the University that it does not wish to add the category or categories during the term of the Agreement.
Section E. Definitions Gender Identity or Expression: “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of an individual, whether actual or perceived, and regardless of the individual’s assigned sex at birth. Section F. Accommodations for Employees with Disabilities The University will provide each qualified Employee with a known disability with such reasonable accommodation(s) as are necessary for the performance of his or her employment functions, unless the accommodation(s) would impose an undue hardship as provided under the Americans with Disabilities Act.
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Section A. Union Security The parties recognize that the proper negotiation and administration of a collective bargaining agreement and the fulfillment by the Union of its statutory duty of representation entail expenses which are appropriately shared by all employees who are beneficiaries of such agreements. To this end and as provided in this Article, in the event an Employee shall not join the Union, the Employee, nevertheless, shall pay to the Union a Representation-Service Fee, which fee shall be in an amount not to exceed the Employee’s pro rata share of the Union’s cost of negotiating and administering a collective bargaining agreement. Dues or Representation-Service Fees shall be tendered or paid to the Union by the method selected on the “Graduate Employees’ Organization Union Membership/ Representation-Service Fee Card” through the procedures set forth in Section C.
Section B. Dues/Fees Payment of these dues or representation fees, subject to the conditions of this Article, is a condition of employment for all Employees, provided however that the University shall not be obligated to withhold re-employment from an Employee who has formally challenged the amount of the Representation-Service Fee within thirty (30) calendar days following the effective date of the Employee’s appointment until that matter has been resolved.
Section C. Check-Off of Union Membership Dues and Representation-Service Fees During the term of this Agreement, the University will deduct current Union Dues or Representation-Service Fees from the wages or any other payment processed through and by the University Payroll Department for each Employee who authorizes such deduction by using the deduction authorization card described in Section I of this article. Each employing unit will provide Graduate Employees’ Organization Union Membership/ Representation-Service Fee cards to all Employees by no later than fifteen (15) calendar days following the effective date of an Employee’s appointment or the offer of an appointment, and will inform each Employee of obligations under this Article. The University will thereafter make Graduate Employees’ Organization Union Membership/Representation-Service Fee cards available to all Employees through their department or unit; such cards will also be available from the Union. Following execution of the card, the Employee will submit it to the Union.
Section D. Email Communications 1.The University will send a targeted email message to newly hired Employees as soon as practicable during the first term of their employment. The message will contain the following language: In the subject line: “Important information for newly hired GSIs and GSSAs at the University of Michigan” In the body of the email: “You are receiving this automated email because you are a newly hired GSI or GSSA. Graduate employees in these job categories at the University of Michigan are represented in collective bargaining by the Graduate Employees’ Organization. The contract negotiated between the University and GEO requires that all GSIs and GSSAs pay either Union dues or a representation service fee. If you have not already filled out a GEO Union Membership/Representation-Service Fee card, you must do so now. Please contact GEO at 734/995-0221 or
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
to get pertinent information about GEO, process this paperwork and authorize automatic deduction from your payroll.” 2. Prior to the date of the paycheck for November, March, June and August, the University will send a targeted e-mail message to Employees who have authorized the deduction of Union Dues or Representation-Service Fees. The message will contain the following language: In the subject line: “Your GEO dues or fees will be deducted from your next paycheck” In the body of the email: “This email is a reminder that, consistent with your prior authorization to the Graduate Employees’ Organization (GEO), a payroll deduction for Union dues or a representation-service fee will be made from your next paycheck, at a rate specified by the Union to the University. No action is required on your part. For more information, call GEO at 734/995-0221 or email
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.” On the same schedule outlined above, the University will send a targeted e-mail message to Employees who have not authorized the deduction of Union Dues or Representation-Service Fees. This message will contain the following language: In the subject line: “You have not yet authorized the required payment of GEO dues or fees” In the body of the email: “The contract negotiated by the Graduate Employees’ Organization (GEO) and the University requires that all GSIs and GSSAs pay either Union dues or a representation-service fee to the Union. In that our records indicate that you have not authorized an automatic payroll deduction for this purpose, you are responsible for direct payment of the amount to the GEO. Individuals who are delinquent in the payment of union dues or representation-service fees to the union may not be re-hired by the University until any such dues or fees have been paid. You are responsible for contacting GEO immediately to make payment arrangements. For more information, including dues and representation-service fee rates, visit the GEO website at www.umgeo.org or call GEO at (734) 995-0221 or
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.”
Section E. Payroll Deduction Payroll deductions of Union Dues or Representation-Service Fees shall be made from the wages due Employees on the last payday in the months of November, March, June, and August; provided, however, that no deduction shall be made unless, by the 15th of the month during which a deduction is to be made, (1) the Union has certified the Employee’s membership status to the University, and (2) the Union has certified the Employee’s auto-deduction status to the University and (3) the Union has certified the rate of Union Dues and Representation-Service fees to the University as specified in Section H of this Article. The following certification form shall be used by the Union when certifying the membership status and auto-deduction status of an Employee to the University: “CERTIFICATION OF FINANCIAL OFFICER I certify that the following employees, identified by their names and UMID numbers authorize the University to deduct dues from their wages in accordance with the terms of the Agreement holding between the GEO and the University, beginning with term [I,II,IIIA, IIIB,III], [year]: I certify that the following employees, identified by their names and UMID numbers authorize the University to de- duct representation-service fees from their wages in accor- dance with the terms of the Agreement holding between the GEO and the University, beginning with term [I,II,IIIA,IIIB,III], [year]: [last name, first name, UMID] In accordance with Section H of this Article, all sums de- ducted by the University shall be wire transferred to the financial account of the Graduate Employees’ Organization designated by the Financial Officer of the Union. The wire transfer will take place no later than the fifth (5th) working day of the month following the month in which the deduc- tions were made. A list of Employees for whom deductions were taken, including Employee name, UMID, deduction code, deduction date, and the sum of the deducted amount will be remitted via email to the Financial Officer of the Un- ion no later than the fifth (5th) working day of the month fol- lowing the month in which the deductions were made. Signed, Financial Officer, Graduate Employees Organization” The Union shall provide the University with a Dues and Representation-Service Fee Discrepancy Report listing both under-deductions and over-deductions. This listing shall be provided no later than the fifteenth (15th) of the month following the month in which the deductions were made for Terms II, IIIA, and IIIB. The due date for Term I shall be adjusted to accommodate the adjusted payroll processing schedule each November and December. The University shall confirm the due date for Term I at least thirty (30) days prior to the due date, via an e-mail to the Union. The University shall review the Dues Discrepancy Report and make all appropriate adjustments to payroll deductions in the fourth month of the term. It shall provide an explanation to the Union for any adjustments not made. The University shall remit the net positive amount of sums deducted as stipulated above to the Financial Officer of the Union no later than the fifth (5th) working day of the first month of the term following the term in which the adjustments were made.
Any credit due the University will be deducted from the next remittance of dues to the Union. A list of Employees for whom deductions were taken, including Employee name, UMID, deduction code, deduction date, and the sum of the deducted amount will be remitted via email to the Financial Officer of the Union no later than the fifth (5th) working day of the month following the month in which the adjustments were made.
In the event that a payroll deduction for an Employee is processed incorrectly, the University will correct the error for the Employee within three working days of being informed of the error by either the Employee or the Union. By signing the deduction authorization card described in Section C, an Employee agrees to have her/his Union Dues or Representation-Service Fee deducted from her/his paycheck. An Employee may revoke his or her authorization at any time by submitting written notification to the Union, on a deduction authorization card. The Union Dues or Representation-Service fee payroll deductions shall terminate when the Union certifies to the University that the Employee does not authorize such deductions no later than the tenth (10th) of the month in which deductions are to be made. Thereafter, Section F shall apply.
Section F. Delinquent Payment of Union Dues or Representation-Service Fees An Employee shall be declared ineligible for future employment as a GSI or GSSA under Section B under the following circumstances: 1. The Union first has notified the Employee by letter, explaining that the Employee is delinquent in not tendering either Union Dues or the Representation-Service Fee, and specifying the current amount of such delinquency, and warning the Employee that unless such dues or Representation-Service Fee are tendered within ten (10) calendar days, the delinquent Employee will be reported to the University and shall not be re-employed effective at the end of the current employment period as provided in this Article;
2. The Union has furnished the University with written proof that the procedure of Paragraph 1 of this Section has been followed or the University has been supplied with a copy of the letter sent to the Employee.
3. The Union has specified further, when notifying the University not to reemploy the Employee, the following by written notice: “The Union certifies that (Name), (UMID), (employing department) has failed to tender either Union Dues or the Representation-Service Fee, or formally challenged the amount thereof, as required as a condition of continued employment under the collective bargaining agreement. Therefore, under the terms of the Agreement, the University shall not re-employ the Employee without the expressed consent of the Union.” The Union shall send a list of all delinquent individuals thus identified to the Dean of each College at the beginning of every month with the stipulation that these individuals may not be re-hired until any owed Union Dues or Representation-Service Fees have been paid. The list will be forwarded to the parties responsible for making hiring decisions in each hiring unit. The Union will, at the University’s request, notify relevant persons any time a change has been made to an individual’s hiring eligibility as affected by this Article.
Section G. The procedure set forth in Section E of this Article may be initiated by the Union for any delinquent Employee only at the following times: 1. On or after November 1, for an Employee delinquent during Term I. 2. On or after March 1, for an Employee delinquent during Term II. 3. On or after June 1, for an Employee delinquent during Term IIIA. 4. On or after August 1, for an Employee delinquent during Term IIIB. Section H Rate Certification, Amount, and Remittance The following certification and address for remittance form shall be used by the Union when certifying the rate of the Union Dues and the Representation-Service Fee, the address of remittance and any changes therein: “CERTIFICATION OF FINANCIAL OFFICER I certify that the Union Dues rate for the Graduate Employees’ Or- ganization is ___% (percent) of the full time equivalent sal- ary and the Representation-Service Fee rate for the Graduate Employees’ Organization is ___% (percent) of the full time equivalent salary in November and March. The Union Dues rate for the Graduate Employees’ Organization is ___% (percent) and the Representation-Service Fee rate for the Graduate Employee’s Organization is__% (percent) of the full time equivalent salary in June and August. Signed, Financial Officer, Graduate Employees Organization" The amount of Union Dues and Representation-Service Fee for the Graduate Employees’ Organization will be determined by multiplying individual Employee’s full time equivalent salary rate by the certified Union Dues or Representation-Service Fee rate and by the individual Employee’s employment fraction. Certification of changes to the rate of Union Dues and Representation-Service Fee and remittance address shall be delivered to the University at a place designated by the University no later than ninety (90) days before the change will become effective. Such changes are limited to not more than two (2) occurrences annually. The University shall not be liable to the Union for the remittance or payment of any sum other than that which constitutes actual deductions. The Union shall indemnify and save the University harmless from any liability resulting from any and all claims, de- mands, suits or any other action arising from compliance with this Article, or in reliance on any notice, certification or authorization furnished under this Article.
Section I. Deduction Authorization Card "GRADUATE EMPLOYEES’ ORGANIZATION UNION MEMBERSHIP / REPRESENTATION-SERVICE FEE CARD Name _________________________________________ Employing Department: ___________________________ Enrolled Department _____________________________ UMID# _ _ _ _ _ _ _ _____________ Email Address of Employee _______________________ Address of Employee _____________________________ The contract negotiated by the GEO and the University requires that all employees receiving benefits from the contract pay either Union dues or a representation-service fee. This card is for that purpose. The GEO is the legal collective bargaining unit for all Graduate Student Instructors and Staff Assistants at the U of M. This means the University is obligated to bargain a contract with us concerning our pay, benefits, including tuition waivers, and working conditions. The GEO also represents any GSI or GSSA (regardless of membership status) in grievances regarding their employment. Union membership allows you to participate in all levels of the Union's decision-making processes, including voting. To become a member you must check the box marked “Union Dues”.
Please Check One: Union Dues (Member)____ Representation-Service Fee (Non-Member)____ Your Union dues or representation-service fee will typically be deducted from your paycheck in the third month of your full-term appointment. Authorization of deduction shall be effective whenever you are employed as a GSI or GSSA, unless revoked by you. You may voluntarily revoke previously authorized payroll deductions by submitting written notification to the Union.
Signature of Employee________________________ Date of Signing ____/____/____ If you have, in the past, filled out and returned one of these cards, you need not do it again. Revised 2008"
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