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A073 - Association Membership Solicitation Activity

 Administrative Letter #73 Association Membership Solicitation Activity - Approved 11-15-04; Updated 8-27-13

DATE:       Reviewed and Updated August 2013 – Lyle Cox

SUBJECT: Association Membership Solicitation Activity

The Utah Right to Work law, § 34-34-7, UCA, provides that it is unlawful for any employer, person, association, employee, labor union, labor organization, or any other type of association (all hereinafter “association”), officer or agent of such, or member of same, to compel or force, or to attempt to compel or force, any person to join or refrain from joining any labor union, labor organization, or any other type of association. To avoid the appearance of District or school sponsorship or disapproval of an association and to implement District Policy 1600, all employees shall adhere to the following:

  1. No organization shall use any school facility, to include mailboxes, bulletin boards, or computers to solicit association, or organizational membership except as prescribed in District Policy 1600.
  1. The Recognized Representatives, currently WCEA (Certified) and AFT (Classified), may have access to District mailboxes for distribution of information necessary to meet their official obligations as District Recognized Representatives. All Recognized Representative’s information, letters, flyers, or other material intended for distribution must be pre-approved by the District Human Resource Director or his/her designee. Any communication that solicits members, except as provided in District Policy 1600, shall not be approved for distribution in the District’s mailboxes or posted on school bulletin boards. Requests for distribution will be approved or disapproved by the HR Director within two business days after receipt. The decision of the HR Director to disapprove a posting may be appealed to the Superintendent within five business days of receipt of the HR Director’s decision.
  1. Except as provided in District Policy 1600, Association representatives must not solicit membership during employee work hours. Association activities that occur before or after work hours on school property must not interfere with the operation of the school, school activity, or administration.
  1. Each building administrator shall identify at least one location, such as a faculty lounge or office, accessible to employees for the placement of a bulletin board that may be used by the District and the Recognized Association(s) for their official business. The bulletin board MUST NOT be used to post material that is intended to solicit membership, except as prescribed in District Policy 1600.
  1. Official meetings, staff meetings, committee meetings, teacher orientation, staff orientation, or any other school meetings must not be used, either directly or indirectly, for the purpose of soliciting organizational membership.
  1. A copy of this letter should be posted on the bulletin board.

This letter is subject to and to be construed consistently with District Policy 1600. Failure to comply with this directive or District policy may result in disciplinary action! Your attention to this matter is appreciated.


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