Common use of Enforcement Procedure Clause in Contracts

Enforcement Procedure. The employee's financial liability to the Union for the amount of the required membership dues or representation service fee commences with the first day of this Agreement or the first day of employment in the Bargaining Unit, whichever is later. Any such financial liability to the Union which arose under the immediately preceding contract, if not satisfied hereunder, shall be continued and enforceable under this Agreement. An employee who is restored to employment pursuant to a "make whole" (or full back pay and benefits) arbitration award, court judgment, or grievance settlement shall be liable for the dues or fees arising from the period to which the award, judgment or settlement applies, and the amount of such dues or fees shall be deducted from the "make whole" amount otherwise due. The Employer may, but shall not be obligated to, make arrangements with the employee and the Union, satisfactory to all, to permit the employee to satisfy the financial arrearage through additional payroll deduction authorizations. An employee who is meeting or exceeding the larger of the following standards to satisfy an arrearage shall be exempt from discharge: 1. The amount of the biweekly representation service fee in effect at the time the arrearage repayment plan is initiated; or 2. The biweekly amount of the payment plan, if followed, would result in the arrearage being satisfied with 26 biweekly pay periods following the date when the repayment plan was initiated. Except as provided in Subsection 3. below, the Employer shall automatically deduct from the pay to which the employee is otherwise entitled, and remit to the Union, a representation service fee as provided in Section D. above, after the following: 1. After 30 days from the effective date of this Agreement or the first day of employment in the Bargaining Unit, whichever is later, the Union has requested automatic deduction of the service fee by notifying the Employer in writing, with a certified, return receipt copy to the employee, that the employee is subject to the provisions of this Section and has failed to become or remain a member of the Union in good standing or to tender the required service fee. 2. Within 14 calendar days following its receipt of such notice from the Union, the Employer shall notify the employee, with a copy to the Union, that beginning with the next pay period it will commence deduction of the service fee and remit same to the Union. Thereupon, the Employer shall begin such deduction and remittance. 3. In determining whether compliance has occurred, the Employer may accept proofs from an employee who is a member of and adheres to established traditional tenets or teachings of a bona fide religion, body or sect which has historically held conscientious objections to joining or supporting labor organizations, and that the Union acknowledges that the employee has paid an amount equal to the Union's dues to a non-religious, non-labor charitable organization which is exempt from taxation under Section 501(C) (3) of the Internal Revenue Code.

Appears in 3 contracts

Sources: Working Agreement, Security Unit Agreement, Security Unit Agreement

Enforcement Procedure. The employee's financial liability to the Union for the amount of the required membership dues or representation service fee commences with the first day of this Agreement or the first day of employment in the Bargaining Unit, whichever is later. Any such financial liability to the Union which arose under the immediately preceding contract, if not satisfied hereunderthereunder, shall be continued and enforceable under this Agreement. An employee who is restored to employment pursuant to a "make whole" (or full back pay and benefits) arbitration award, court judgment, or grievance settlement shall be liable for the dues or fees arising from the period to which the award, judgment or settlement applies, and the amount of such dues or fees shall be deducted from the "make whole" amount otherwise due. The Employer may, but shall not be obligated to, make arrangements with the employee and the Union, satisfactory to all, to permit the employee to satisfy the financial arrearage through additional payroll deduction authorizations. An employee who is meeting or exceeding the larger of the following standards to satisfy an arrearage shall be exempt from discharge: 1. The amount of the biweekly representation service fee in effect at the time the arrearage repayment plan is initiated; or 2. The biweekly amount of the payment plan, if followed, would result in the arrearage being satisfied with 26 biweekly pay periods following the date when the repayment plan was initiated. Except as provided in Subsection 35. below, the Employer shall automatically deduct from the pay to which the employee is otherwise entitled, and remit to the Union, a representation service fee as provided in Section D. above, after the following: 1. After 30 thirty (30) days from the effective date of this Agreement or the first day of employment in the Bargaining Unit, whichever is later, the Union has requested automatic deduction of the service fee by notifying notified the Employer in writing, with a certified, return receipt copy to the employee, writing that the employee is subject to the provisions of this Section and has failed to become or remain a member of the Union in good standing or to tender the required service fee. 2. Within 14 fourteen (14) calendar days following its receipt of such notice from the Uniondate the Union so notifies the Employer, the Employer shall notify shall: a. Notify the employee of the provisions of this Article; b. Obtain the employee, with a copy to 's response; and c. Notify the Union, that beginning with the next pay period it will commence deduction Union of the service fee and remit same to the Union. Thereupon, the Employer shall begin such deduction and remittanceemployee's response. 3. In determining whether compliance has occurredthe event the employee thereafter fails to become a member in good standing of the Union, renew membership, or sign and return to the Employer may accept proofs from an employee who is a member or Union the "Authorization for Deduction of and adheres to established traditional tenets or teachings of a bona fide religionRepresentation Service Fee", body or sect which has historically held conscientious objections to joining or supporting labor organizations, and that the Union acknowledges that the employee has paid an amount equal to the Union's dues to a non-religious, non-labor charitable organization which is exempt from taxation under Section 501(C) (3) of the Internal Revenue Code.the

Appears in 1 contract

Sources: Security Unit Agreement

Enforcement Procedure. The employee's financial liability to the Union for the amount of the required membership dues or representation service fee commences with the first day of this Agreement or the first day of employment in the Bargaining Unit, whichever is later. Any such financial liability to the Union which arose under the immediately preceding contract, if not satisfied hereunder, shall be continued and enforceable under this Agreement. An employee who is restored to employment pursuant to a "make whole" (or full back pay and benefits) arbitration award, court judgment, or grievance settlement shall be liable for the dues or fees arising from the period to which the award, judgment or settlement applies, and the amount of such dues or fees shall be deducted from the "make whole" amount otherwise due. The Employer may, but shall not be obligated to, make arrangements with the employee and the Union, satisfactory to all, to permit the employee to satisfy the financial arrearage through additional payroll deduction authorizations. An employee who is meeting or exceeding the larger of the following standards to satisfy an arrearage shall be exempt from discharge: 1. The amount of the biweekly representation service fee in effect at the time the arrearage repayment plan is initiated; or 2. The biweekly amount of the payment plan, if followed, would result in the arrearage being satisfied with 26 biweekly pay periods following the date when the repayment plan was initiated. Except as provided in Subsection 3. below, the Employer shall automatically deduct from the pay to which the employee is otherwise entitled, and remit to the Union, a representation service fee as provided in Section D. above, after the following: 1. After 30 days from the effective date of this Agreement or the first day of employment in the Bargaining Unit, whichever is later, the Union has requested automatic deduction of the service fee by notifying the Employer in writing, with a certified, return receipt copy to the employee, that the employee is subject to the provisions of this Section and has failed to become or remain a member of the Union in good standing or to tender the required service fee. 2. Within 14 calendar days following its receipt of such notice from the Union, the Employer shall notify the employee, with a copy to the Union, that beginning with the next pay period it will commence deduction of the service fee and remit same to the Union. Thereupon, the Employer shall begin such deduction and remittance. 3. In determining whether compliance has occurred, the Employer may accept proofs from an employee who is a member of and adheres to established traditional tenets or teachings of a bona fide religion, body or sect which has historically held conscientious objections to joining or supporting labor organizations, and that the Union acknowledges that the employee has paid an amount equal to the Union's dues to a non-non- religious, non-labor charitable organization which is exempt from taxation under Section 501(C) (3) of the Internal Revenue Code.

Appears in 1 contract

Sources: Union Security Agreement

Enforcement Procedure. The employee's financial liability to the Union for the amount of the required membership dues or representation service fee commences with the first day of this Agreement or the first day of employment in the Bargaining Unit, whichever is later. Any such financial liability to the Union which arose under the immediately preceding contract, if not satisfied hereunderthereunder, shall be continued and enforceable under this Agreement. An employee who is restored to employment pursuant to a "make whole" (or full back pay and benefits) arbitration award, court judgment, or grievance settlement shall be liable for the dues or fees arising from the period to which the award, judgment or settlement applies, and the amount of such dues or fees shall be deducted from the "make whole" amount otherwise due. The Employer may, but shall not be obligated to, make arrangements with the employee and the Union, satisfactory to all, to permit the employee to satisfy the financial arrearage through additional payroll deduction authorizations. An employee who is meeting or exceeding the larger of the following standards to satisfy an arrearage shall be exempt from discharge: 1. The amount of the biweekly representation service fee in effect at the time the arrearage repayment plan is initiated; or 2. The biweekly amount of the payment plan, if followed, would result in the arrearage being satisfied with 26 biweekly pay periods following the date when the repayment plan was initiated. Except as provided in Subsection 3. below, the Employer shall automatically deduct from the pay to which the employee is otherwise entitled, and remit to the Union, a representation service fee as provided in Section D. above, after the following: 1. After 30 days from the effective date of this Agreement or the first day of employment in the Bargaining Unit, whichever is later, the Union has requested automatic deduction of the service fee by notifying the Employer in writing, with a certified, return receipt copy to the employee, that the employee is subject to the provisions of this Section and has failed to become or remain a member of the Union in good standing or to tender the required service fee. 2. Within 14 calendar days following its receipt of such notice from the Union, the Employer shall notify the employee, with a copy to the Union, that beginning with the next pay period it will commence deduction of the service fee and remit same to the Union. Thereupon, the Employer shall begin such deduction and remittance. 3. In determining whether compliance has occurred, the Employer may accept proofs from an employee who is a member of and adheres to established traditional tenets or teachings of a bona fide religion, body or sect which has historically held conscientious objections to joining or supporting labor organizations, and that the Union acknowledges that the employee has paid an amount equal to the Union's dues to a non-non- religious, non-labor charitable organization which is exempt from taxation under Section 501(C) (3) of the Internal Revenue Code.

Appears in 1 contract

Sources: Union Security Agreement