Common use of UNION SECURITY AND CHECK Clause in Contracts

UNION SECURITY AND CHECK. OFF OF UNION DUES 2.1 Under federal labor laws, and obligations under this Agreement, the Union is required to represent all of the employees in the bargaining unit fairly and equally without regard to whether the employee is a member of the Union. In consideration thereof, Agency Shop provisions will prevail during the term of this Agreement. 2.1-1 Membership in the Union is not compulsory. Employees in job classifications within the collective bargaining unit are free to accept or to decline membership in the Union. 2.1-2 Any employee who is a member of the Union may, upon proper notice, voluntarily withdraw from such membership but may not, thereby, be relieved of Agency Shop requirements herein. 2.2 Subject to conditions set forth within this Article 2, regular, part-time and temporary employees within thirty (30) calendar days of hire shall as a condition of employment, and at their option either: (1) apply for membership in the Union and, if accepted, maintain membership in good standing thereafter during the term of this Agreement, or (2) alternatively arrange to pay to the Union a service fee Equal in amount to the membership dues uniformly required for all members of the same class. 2.2-1 For purposes of this Article 2, the following definitions will apply: 2.3 These Agency Shop provisions apply to all newly hired covered regular, part- time, and temporary employees whose date of engagement is on, or after June 5, 1973 with the exception of those as agreed to by the Company and the Union in the Memorandum of Agreement dated August 4, 1988 and June 17, 1989. 2.3-1 Any covered employee who is a member of the Union, on the 31st calendar day following May 5, 1973, is subject to the Agency Shop requirements herein. If the 31st day is a Sunday, or a recognized holiday, the next regular workday will be controlling. 2.3-2 Any covered regular employee, who is not a member of the Union on the date specified above, is excused from the Agency Shop requirements. However, such employee may elect to join the Union, or to become a Service Fee Employee, at any later time at his or her option. 2.4 Service Fee Employees are in no manner members of the Union, and possess no Membership right, privileges, or responsibilities that accrue to members of the Union. No Service Fee Employee shall be required to pay the representation fee during any period that, by Union rules or actions, dues payments are suspended or not enforced for regular members of the Union. 2.5 Nothing herein shall be construed to limit the Union's lawful rights to determine and enforce regulations regarding acquisition of, and retention of, membership in the Union. Any covered regular employee who is refused membership, or whose membership is involuntarily terminated by action of the Union body (other than for refusal to tender initiation fee and periodic dues) shall not be subject to discharge from employment, but, rather, shall take on the status of a Service Fee Employee. 2.6 The Company shall incur no liability in the enforcement of this Article. 2.6-1 Membership dues and initiation fees (which terms do not include assessments, fines, reinstatement fees, and similar payments, nor dues or initiation fees for any month other than the month of deduction), in fixed authorized amounts uniformly required for membership, will be deducted from payroll checks payable to employees the first Friday In each month. The amount to be deducted for initiation fees in any month shall not exceed twenty-five dollars ($25.00). Deductions for an initiation fee of more than twenty-five dollars ($25.00) will continue each succeeding month until the full amount is paid. "Payroll checks" as used herein shall not include, and no deductions shall be made from, accident or sickness benefit checks, nor payments other than for work performed. The Company will send to the Union within ten (10) working days following the deductions made the first Friday of the month a check or checks covering said deduction, together with a list (showing name, Company clock number and amount deducted) of employees for whom membership dues and initiation fees were deducted. Membership dues and initiation fees shall be deducted in accordance with the employee's authorization in a form prescribed by the Company. A deduction authorization will be effective from the first day of the month occurring not less than thirty-one (31) days after its execution and delivery to the Company by the employee. It is the responsibility of the Union to collect directly from the employee: (i) dues or initiation fee payments owed after cancellation of a deduction authorization, or (ii) dues or initiation fee payments owed before the time the deduction authorization becomes effective, and (iii) dues or initiation fee payments missed (whether because of insufficient earnings, accidental error or any other reason), provided that it is understood and agreed that if because of insufficient earnings of an employee paid the first Friday of the month the full amount due for such month is not deducted, the Company will attempt successive deductions on the second, third and fourth Friday of the month until the amount to be deducted for said month shall have been deducted. In no event shall there be any carry over from one calendar month to the next nor beyond the fourth Friday in a single calendar month, except membership dues missed as a result of an employee's disability for which accident or disability benefit checks have been paid may be collected by deduction from the payroll check payable to the employee on the first Friday of the first full calendar month following the employee's return to work from accident or sickness disability. The Company will send to the Union within ten (10) working days after the end of each calendar month during which this Agreement is in effect a check or checks covering deductions made by it from payroll checks payable to employees the second, third, or fourth Friday of such calendar month together with (i) a list (showing name, Company clock number and amount deducted) of employees from whom membership dues and initiation fees were deducted from payroll checks payable to employees on the second, third, or fourth Friday of such calendar month, and (ii) a list (showing name and Company clock number) of employees who had in effect current authorizations for dues and initiation fee deductions on the first Friday of that month, but with respect to whom no membership dues or initiation fee payment was deducted on the four (4) deduction dates of the calendar month. The Union agrees that it will only request clarification from the Company regarding any list, deduction, failure to deduct, deduction authorization or employee status after the Union has taken the matter up with the individual employee. Any request for clarification from the Company shall be in writing signed by the Business Representative of the Union and addressed to the Employee Relations Manager, Supply. A deduction authorization shall be subject to cancellation by: (i) written order of the employee to the Manager, Employee Relations - Supply, (ii) transfer or promotion of the employee out of the unit, (iii) leave of absence of thirty (30) calendar days or more, layoff, resignation, retirement or termination, and (iv) change in legal requirement of valid deduction authorizations. A new deduction authorization shall be required to again commence deduction of membership dues or initiation fee payments for an employee whose authorization has been canceled as a result of any of the said causes. If any of said causes for cancellation of a deduction authorization shall occur within fifteen (15) days prior to a scheduled deduction date, the cancellation of the deduction authorization will be deemed effective on the first day of the month following such scheduled deduction date, and the question of whether such dues or initiation fee payment were owed by the employee to the Union shall be settled directly between the employee and the Union. Deductions required by law, amounts payable to the Company, stock or bond purchase payments, deductions for insurance and deductions pursuant to valid assignment authorizations, shall take precedence over deduction of membership dues and initiation fee payments if the payroll check is insufficient to cover all thereof. 2.6-2 The Union shall indemnify and save the Employer harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken or not taken by the Employer for the purpose of complying with any of the provisions of this Article, or in reliance of any notice, authorization or assignment furnished under any of such provisions. The Union agrees to advise the Employer promptly in writing if at any time it has any knowledge or belief that it may not represent a majority of the employees covered by this Agreement.