USNH Board of Trustees - University of New Hampshire
& UNH Chapter of The American Association of University Professors

July 1, 2003 - June 30, 2006

To download this document you will need Adobe Acrobat Reader, freely available from Adobe.com.

Procedure for Challenging the Amount of the Agency Fee The Agency Fee is calculated annually on the basis of the fraction of AAUP-UNH's expenses in the previous fiscal year that are chargeable to collective-bargaining activities. Although the Agency Fee is verified each year by an independent certified public accountant, Agency Fee payers have the right to challenge the calculation. A bargaining unit member who wishes to challenge the Agency Fee must notify AAUP UNH in writing that the bargaining unit member wishes to inspect the Chapter's accounts. This notifcation must be received in the AAUP Office no later than October 1 of the academic year in which the fee being challenged applies. Retroactive challenges are not permitted. Upon receipt of the bargaining unit member's request, the bargaining unit member will be given the opportunity to review the Chapter's accounts and the accountant's breakdown of chargeable expenses. If the bargaining unit member decides to proceed with the challenge to binding arbitration, he/she must notify AAUP-UNH in writing. This notification must be received in the AAUP Office no later than October 31, and it must specify the specific nature and grounds of the bargaining unit member's challenge. All timely filed challenges will be aggregated, and AAUP-UNH will arrange for a single arbitration to be held in accordance with the Rules for Agency Fee Challenge Arbitrations of the America Arbitration Association. Under that procedure, the American Arbitration Association will appoint an impartial arbitrator. The impartial arbitrator will hold hearings at UNH in Durham at which the challenger can participate and be heard. AAUP-UNH will pay the fees of the American Arbitration Association and of the arbitrator. Any bargaining unit member filing a challenge shall bear his/her own expenses for representation or appearance at the hearing. After the close of the hearing, a review of the evidence and the arguments presented, the arbitrator will issue a written decision and award on all of the challenges to the propriety of the fair share fee. During the pendancy of the challenge and the arbitration procedure, AAUP-UNH will deposit one hundred percent (100%) of the challengers' Agency Fee in an interest bearing escrow account until such time as the challenges are resolved by an arbitrator. The Agency Fees held in escrow, along with accrued interest, will then be distributed in accordance with the arbitrators' ruling.

April 2005