Article 2: ACSA Rights 2.1 ACSA Representation The State recognizes and agrees to deal with ACSA representatives on all matters relating to bargaining unit grievances and claims and appeals to the State Personnel Board. An employee and an ACSA representative shall be authorized a reasonable amount of time off during work hours without loss of compensation (consistent with workload requirements) to prepare and present grievances and claims and appeals before SPB. ACSA employee representatives shall be required to notify their immediate supervisors and obtain approval regarding the time of day for conducting such activities. A written list of ACSA representatives at each work location shall be furnished to the State immediately after their designation, and ACSA shall notify the State promptly of any changes of such representatives. ACSA officers or representatives shall not be recognized by the State until such lists or changes thereto are received. 2.2 Access With prior notification to the official in charge of the area to be visited, ACSA representatives shall have access to bargaining unit employees at the work site for representation purposes. Access shall not be disruptive. The department head or designee may restrict access to certain work sites or areas for reasons of safety, security, or other legitimate business necessities. Access shall not be unreasonably withheld. 2.3 Bulletin Boards ACSA shall have access to State-furnished ACSA bulletin board space at each work site where Unit 2 employees are located to post material related to ACSA business. Any materials posted shall be dated and initialed by the ACSA representative responsible for the posting. A copy of all materials posted shall be distributed to the designated management representative at the time of posting. ACSA agrees not to post any material of an illegal, libelous, obscene, defamatory, or solely noneducational partisan political nature on bulletin boards. 2.4 Distribution of Literature ACSA representatives may distribute ACSA material during nonwork time and shall not disrupt the work of others. ACSA shall not distribute material of an illegal, libelous, obscene, or of a solely noneducational partisan political nature. 2.5 Bargaining Unit Information On or before September 1, 1992, the State employer shall provide ACSA with a list of bargaining unit employees. The list shall be arranged in alphabetical order according to surname and shall include each employee's name, classification, agency, work location, home address (if available upon request under PERB regulations), and information regarding ACSA payroll deductions. On a monthly basis, the State employer shall provide ACSA with any changes to the list, including information contained therein, which occurred subsequent to the previous list of changes. ACSA agrees to reimburse the State Controller for all costs to produce these lists. 2.6. Use of State Rooms and Phones The State will permit use of its rooms for ACSA meetings subject to the operating needs of the State. Requests for use of such State rooms shall be made in advance to the designated State official. ACSA agrees to leave such rooms in the condition in which they were found. ACSA representatives shall be permitted reasonable use of State phones to make calls for ACSA representation purposes provided, however, that such use of State phones shall not mean additional charges to the State or interfere with the operation of the State. 2.7 Fair Share Fees/Dues Deduction a. The State agrees to deduct and transmit to ACSA all membership dues authorized on a form provided by ACSA. Effective with the beginning of the first pay period following ratification of this agreement by the Legislature and the Union, the State agrees to deduct and transmit to ACSA Fair Share fees from State employees in Unit 2 who do not become members of ACSA. b. The State and ACSA agree that a system of authorized dues deductions and a system of Fair Share deductions shall be operated in accordance with Government Code Sections 3513(h), 3513(j), 3515, 3515.6, 3515.7, and 3515.8, subject to the following provisions: (1) The State and ACSA agree that if a Fair Share rescission election is conducted in Unit 2 pursuant to Government Code Section 3515.7(d), a majority of those votes cast, rather than the majority of the members of the Unit, shall determine whether the Fair Share deductions shall continue. (2) The written authorization for ACSA membership deductions shall remain in full force and effect during the life of this agreement; provided that any employee may withdraw from ACSA by sending a signed withdrawal letter to ACSA with a copy to the State Controller at any time. A withdrawal under this paragraph does not then relieve an employee from the Agency Shop provision of this agreement. An employee who so withdraws his or her membership shall be subject to paying a Fair Share fee if such a fee is applicable to Unit 2. (3) The amount of dues and fees deducted from ACSA members' and fee payers' pay warrants shall be set by ACSA and changed by the State upon written request of ACSA. (4) ACSA agrees to indemnify, defend and hold the State and its agents harmless against any claims made of any nature and against any suit instituted against the State arising from this Article and the deductions arising therefrom. (5) ACSA agrees to annually notify all State employees in Unit 2 who pay Fair Share fees of their right to demand and receive from ACSA a return of part of that fee pursuant to Government Code Section 3515.8. (6) No provision of this Article, nor any disputes arising thereunder, shall be subject to the grievance and arbitration procedure contained in this Agreement.