TN Code § 8-23-204 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 23 - Compensation of State Officers and Employees|Part 2 - General Provisions|§ 8-23-204. Payroll Deduction for Certain Associations

   As used in this section, unless the context otherwise requires:  “Employee” means an officer or employee who is a regularly employed, full-time employee of the executive branch of state government;   “Employee association” means any association of employees complying with subdivision (a)(2), except when otherwise noted herein; and   “State agency” means any department, commission, board, office or other agency of the executive, legislative or judicial branch of state government.     Any employee of a state agency may authorize deductions for the payment of membership dues and benefit premiums to be made from the employee's compensation for payment to an employee association, if such employee association meets all of the following criteria:  It grants membership to any employee who applies for membership without regard to such employee's job classification, state agency or location;   It grants the same rights and privileges of membership to all its members;   It provides equal services to its members without regard to the job classification, state agency or location of employment within the state of a member;   It has a membership of not less than twenty percent (20%) of the employees of state agencies in the executive, legislative or judicial branch;   It has as one (1) of its objectives the promotion of an efficient and effective work force for state government in Tennessee, and if affiliated in any manner with another organization, the other organization shall have similar objectives;   It is itself a wholly domestic employee organization which is not a part of a multi-state employee organization which controls it or has any right of control; and   It is an independent association that will not merge or join with another employee or labor organization without over fifty percent (50%) of its members affirmatively voting to become so merged or joined.     Any employee association whose membership consists exclusively of employees of a single correctional institute and which has an agreement for payroll deduction of dues entered into prior to July 1, 1977, may continue or renew such agreement without compliance with the requirements established in the criteria in subdivision (a)(2).   Any employee association seeking to qualify under subdivision (a)(2) shall file an initial statement showing the actual number of employees who are members with the commissioner of finance and administration. The commissioner may request an employee association to file an annual certification that it complies with all the requirements of this section. Decisions by the department of finance and administration with regard to an employee association's ineligibility to receive automatic payroll deductions shall not be final until audited and approved by the comptroller of the treasury.    Any professional education association whose active membership consists of at least twenty percent (20%) of the total combined faculty as active members may make an agreement for payroll deduction of dues without compliance with the criteria in subdivision (a)(2), if such association has as a purpose and goal the elevation of the professional status and socio-economic welfare of the members of the teaching profession, or facilitation of cooperation among teachers and research scholars for the promotion of higher education and research. Such agreements shall be applicable to the teachers and faculty on the campuses and institutions of the University of Tennessee and the state university and community college system. Such professional education associations must have existed for more than fifty (50) years and have a total of five (5) or more chapters or affiliates on the campuses and institutions of the University of Tennessee and the state university and community college system.   The provision of subdivision (a)(5)(A) requiring a professional education organization to maintain at least twenty percent (20%) of the total combined faculty as active members in order to qualify for deduction of dues shall not apply to any professional association which has had and has exercised the privilege of deduction of dues for at least four (4) years prior to May 31, 1993.     Any professional education association whose active membership consists of education employees may make an agreement for payroll deduction of dues at state special schools if such a professional education association meets all of the following criteria:  It solicits membership from all certificated employees;   It grants the same rights and privileges of membership to all its active members;   It provides equal services to its active members;   It has a membership of not less than forty percent (40%) of the currently employed certificated employees at each of the state special schools as of July 1, 1991, and can offer proof of continued membership each fiscal year; and   It has as one (1) of its objectives the promotion of education and the elevation of the professional status of the members of the teaching profession.      Any member of the Tennessee highway patrol may authorize payroll deductions for the payment of membership dues to be made from the member's compensation for payment to an organization of members of the Tennessee highway patrol, if such organization meets the following criteria:   It solicits membership from all commissioned members of the Tennessee highway patrol;   It grants the same rights and privileges of membership to all its members;   It provides equal services to its members; and   It has a membership of not less than twenty percent (20%) of the currently employed commissioned members of the Tennessee highway patrol.     Any organization that meets the criteria in subdivisions (a)(7)(A)(i)-(iv) and that seeks to accept the payment of membership dues through payroll deductions shall file with the commissioner of finance and administration an initial statement that states the actual number of employees who are commissioned members of the Tennessee highway patrol. The commissioner may request an organization to file an annual certification that it complies with all the requirements of this subdivision (a)(7). Decisions by the department of finance and administration with regard to an organization's ineligibility to receive automatic payroll deductions shall not be final until audited and approved by the comptroller of the treasury.      Any wildlife resource officer of the Tennessee wildlife resources agency (TWRA) may authorize payroll deductions for the payment of membership dues to be made from the officer's compensation for payment to an officers association of the TWRA, if:   The officers association solicits membership from all wildlife resource officers of the TWRA;   The officers association grants the same rights and privileges of membership to all of its members;   The officers association provides equal services to its members;   The officers association has a membership of at least twenty percent (20%) of the currently employed wildlife resource officers of the TWRA; and   The dues will not be used for political activities. For purposes of this subdivision (a)(8)(A)(v), “political activities” means electoral activities, independent expenditures, or expenditures made to any candidate, political party, or political action committee.     An association that meets the criteria in subdivisions (a)(8)(A)(i)-(v) and that seeks to accept the payment of membership dues through payroll deductions must file with the commissioner of finance and administration a statement that includes the specific number of wildlife officers employed by the TWRA who are members of the association. The commissioner may request the association to certify that it complies with the requirements of this subdivision (a)(8)(B). The department of finance and administration shall not make a final decision regarding an association's eligibility to receive automatic payroll deductions until the association is audited and approved by the comptroller of the treasury to accept the payment of membership dues under this subdivision (a)(8).        Any employee of the state of Tennessee who engages or participates in a work stoppage or who authorizes or encourages a work stoppage commits gross misconduct, shall immediately and permanently forfeit the right to have deductions from compensation authorized in this section, and may be subject to immediate termination of employment. The commissioner of finance and administration is authorized and required to cease and discontinue deducting membership dues under this section for an organization or association, if the commissioner determines that twenty-five percent (25%) or more of the members of the organization or association in a single work location or facility have engaged in a work stoppage of any kind after June 19, 1981. If the organization or association has members at more than one (1) work location or facility, upon the determination that the members of an organization have engaged in a work stoppage, the commissioner shall cancel and revoke the deduction of membership dues for the members of the organization employed at the work location or facility where the work stoppage has occurred.   For the purposes of this subsection (b), a work stoppage includes the failure to report for duty, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, for the purpose of inducing, influencing or for the purpose of coercing a change in conditions, compensation, rights, privileges or obligations of employment, or of intimidating, coercing or unlawfully influencing others from remaining in or from assuming public employment.   Any employee or other person who procures or attempts to procure, or causes or induces any other person to procure or attempt to procure, an automatic deduction authorization form provided for in this section by fraud, misstatement of material fact, misrepresentation of the authenticity of a signature, or in knowing and willful violation of this section, commits gross misconduct. Any such automatic deduction authorization form shall be void and shall be of no effect.     The following procedures, in addition to the procedures promulgated by the department of finance and administration pursuant to subsection (f), shall govern when an employee authorizes a deduction from compensation for the payment of membership dues to be paid over to an employee association:  To authorize the deduction for the payment of membership dues, an employee shall complete an authorization form which contains the employee's signature and the following information:  Employee's name;   Employee's social security number;   State agency of employment;   Facility or location of employment; and   The following statement:  “I, the undersigned, understand that this authorization is to become effective immediately. I understand that I may revoke this authorization by written notification at any time. Any deductions made from my compensation within thirty (30) days of the effective date of this authorization shall be refunded by the association if revocation is made within such thirty (30) day period. I also understand that the amount of the membership dues deduction may increase or decrease if the association approves an increase or decrease of dues in accordance with its bylaws and rules of procedure. Upon notification to me by the association of an increase or decrease in dues, I understand that I will again have an opportunity to revoke this authorization and receive a refund equal to one (1) month's dues if revocation is made within a thirty (30) day period from the date of notification.”;      The deductions for the payment of membership dues from compensation authorized pursuant to this section shall be made from the compensation of an employee on the first payday of each month, and shall be paid over to the employee association within forty-eight (48) hours after such payday. If a state agency has a single monthly payday, such deduction shall be paid over to the employee association within forty-eight (48) hours of such payday;   Any employee who authorizes deductions for the payment of membership dues as provided in this section may, at any time, revoke the authorization for payroll deduction. If revocation of such authorization is made within thirty (30) days of the initial authorization by an employee, any such deductions made and paid over to the employee association shall be refunded to the employee by such association upon receipt of written notice of revocation from the employee;   Upon receipt of certification by an employee association that such association has approved an increase or decrease of dues in accordance with its bylaws and rules of procedure, the commissioner of finance and administration or the appropriate chief fiscal officer shall have the new amount of such dues deducted from the compensation of employees who have completed an authorization form for membership dues deduction. The certified increase or decrease shall be effective on the first payroll occurring at least thirty (30) days after the receipt of such certification by the commissioner or the appropriate chief fiscal officer;   Forms which authorize such deductions for the payment of membership dues shall not be larger than eight and one-half inches (8½") by eleven inches (11") nor smaller than three inches (3") by five inches (5");   It is the responsibility of the employee association to prepare and deliver such forms to the payroll officers of the various state agencies;   The commissioner or the appropriate chief fiscal officer shall provide to an employee association a complete listing of all employees who have authorized deductions pursuant to this section. The information compiled under this subsection (c) shall not be used by the commissioner or respective chief fiscal officer for any other purpose except that described herein.     Retired employees of the state of Tennessee may, in writing, authorize deductions to be made from their retirement allowance to be paid to any employee association qualified under subsection (a). No such retired employee shall be considered in determining the total number of state employees in the executive branch or in determining the membership in an employee association for the purposes of subdivision (a)(2).   Any automatic deduction authorization form for the payment of membership dues filed with the various state agencies prior to May 24, 1984, which has not been revoked by the employee, shall be considered a valid authorization form for the purposes of this section, and the automatic payroll deduction from such employee's compensation shall be continued or shall resume immediately if such deductions have been stopped for reasons other than the employee's revocation.   The procedures governing the payroll deduction of membership dues pursuant to this section shall be in accordance with regulations promulgated by the commissioner in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The procedures governing payroll deductions for the payment of membership dues in effect on June 1, 1983, shall be deemed fully and duly promulgated, except to the extent they conflict with this section, and shall remain in full force and effect unless altered or amended by the general assembly or the commissioner.   If an employee association receiving membership dues by payroll deduction becomes joined or affiliated through merger or otherwise with another employee or labor organization, any member of the employee association may revoke such member's automatic deduction authorization form immediately or at any other time of such member's choosing by notifying the department of finance and administration or the appropriate chief fiscal officer that such member wishes to revoke such member's authorization.