Common use of AGENCY SHOP & DUES CHECK-OFF Clause in Contracts

AGENCY SHOP & DUES CHECK-OFF. A. Each Staff Employee of ALPA covered by this Agreement shall be re- quired, as a condition of employment, beginning thirty (30) days after February 18, 2012 or thirty (30) days after the completion of his/her probationary period, whichever shall last occur, (1) to be or become a member of UALPAPAE, or (2) to pay UALPAPAE a monthly service charge for the administration of this Agreement and representation of the Staff Employee. Such monthly service charge shall be equal to UALPAPAE’s regular monthly dues, initiation fee, if any, and uni- form periodic assessments, which would be required to be paid by such Staff Employee if a member; provided, that neither membership nor the payment of a service charge shall be required with respect to any such Staff Employee (a) for whom membership is not avail- able upon the same terms and conditions generally applicable to any other member, or (b) as to whom membership was denied or termi- nated for any reason other than the failure to tender periodic dues, initiation fees and assessments uniformly required by UALPAPAE as a condition of acquiring or retaining membership. UALPAPAE shall treat members and non-members alike in calculating the amounts of dues, initiation fees, and assessments, in establishing the due date of payments, and in determining whether the Staff Employee’s account is delinquent. B. If any Staff Employee of ALPA covered by this Agreement becomes delinquent in the making of such payments, UALPAPAE shall notify such Staff Employee by certified mail, return receipt requested, copy to the Director of Human Resources, his/her successor or designee, that he/she is delinquent in the payment of such service charge as specified herein and the total amount of money due and the period for which he/she is delinquent and that he/she is subject to discharge as an Staff Employee of the Association. Such letter shall also notify the Staff Employee that he/she must remit the required payment within a period of fifteen (15) days or be discharged. The notice of delinquency required under this paragraph shall be deemed to be received by the Staff Employee, whether or not it is personally received by him/her when mailed by the Treasurer of UALPAPAE, by certified mail, re- turn receipt requested, postage prepaid to the Staff Employee’s last known address, or to any other address which has been designated by the Staff Employee. It shall be the duty of every Staff Employee cov- ered by this Agreement to notify the Association’s Human Resources Department of every change in his/her home address, or an address where the notice required by this paragraph can be sent and received by the Staff Employee if the Staff Employee’s home address is at any time unacceptable for this purpose. C. If, upon the expiration of the fifteen (15) day period provided in para- graph B. above, the Staff Employee still remains delinquent, UAL- PAPAE will certify in writing to the Director of Human Resources, his/her successor or designee, copy to the Staff Employee, both by certified mail, return receipt requested, that the Staff Employee has failed to make payment within the grace period and is therefore to be discharged. The Director of Human Resources, his/her successor or designee, shall thereupon take proper steps to discharge such Staff Employee from the service of the Association as soon as possible, and in any event within twenty-one (21) days after receipt of the notice provided for herein, shall advise the Staff Employee of his or her ter- mination. D. A protest by a Staff Employee who is to be discharged as the result of an interpretation or application of the provisions of this Agreement shall be subject to the following procedures: 1. A Staff Employee who believes that the provisions of this Section have not been properly interpreted or applied, as they pertain to him/her may appeal the decision by filing a notice of appeal. Such notice shall be sent to ALPA, to the Treasurer of UALPAPAE, and to the Federal Mediation and Conciliation Service within ten (10) days of the receipt of the letter specified in paragraph B. above. The appeal notice shall contain a request to the Federal Mediation and Conciliation Service to provide a list of five (5) neutral refer- ees. A neutral referee may be agreed upon by the Staff Employee and UALPAPAE within ten (10) days after receipt of the list of neutral referees. If the parties cannot agree on a neutral referee, a referee will be chosen from the panel supplied by the Federal Mediation and Conciliation Service. The alternate strike method shall be used to select a neutral referee with the Staff Employee initiating the first rejection. Such final selection of a neutral ref- eree shall be accomplished within ten (10) days after the receipt of the list of neutral referees. If the parties have not reached agree- ment by the alternate strike method within the aforementioned ten (10) day period, the first name listed on the five (5) name panel provided by the Federal Mediation and Conciliation Service shall be designated the neutral referee. 2. The decision of the neutral referee shall be requested within thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

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AGENCY SHOP & DUES CHECK-OFF. A. Each Staff Employee of ALPA covered by this Agreement shall be re- quiredrequired, as a condition of employment, beginning thirty (30) days after February 18, 2012 or thirty (30) days after the completion of his/her probationary period, whichever shall last occur, (1) to be or become a member of UALPAPAE, or (2) to pay UALPAPAE a monthly service charge for the administration of this Agreement and representation of the Staff Employee. Such monthly service charge shall be equal to UALPAPAE’s 's regular monthly dues, initiation fee, if any, and uni- form uniform periodic assessments, which would be required to be paid by such Staff Employee if a member; provided, that neither membership nor the payment of a service charge shall be required with respect to any such Staff Employee Employee (a) for whom membership is not avail- able available upon the same terms and conditions generally applicable to any other member, or (b) as to whom membership was denied or termi- nated terminated for any reason other than the failure to tender periodic dues, initiation fees and assessments uniformly required by UALPAPAE as a condition of acquiring or retaining membership. UALPAPAE shall treat members and non-members alike in calculating the amounts of dues, initiation fees, and assessments, in establishing the due date of payments, and in determining whether the Staff Employee’s 's account is delinquent. B. If any Staff Employee of ALPA covered by this Agreement becomes delinquent in the making of such payments, UALPAPAE shall notify such Staff Employee by certified mail, return receipt requested, copy to the Director of Human Resources, his/her successor or designee, that he/she is delinquent in the payment of such service charge as specified herein and the total amount of money due and the period for which he/she is delinquent and that he/she is subject to discharge as an Staff Employee of the Association. Such letter shall also notify the Staff Employee that he/she must remit the required payment within a period of fifteen (15) days or be discharged. The notice of delinquency required under this paragraph shall be deemed to be received by the Staff Employee, whether or not it is personally received by him/her when mailed by the Treasurer of UALPAPAE, by certified mail, re- turn receipt requested, postage prepaid to the Staff Employee’s last known address, or to any other address which has been designated by the Staff Employee. It shall be the duty of every Staff Employee cov- ered by this Agreement to notify the Association’s Human Resources Department of every change in his/her home address, or an address where the notice required by this paragraph can be sent and received by the Staff Employee if the Staff Employee’s home address is at any time unacceptable for this purpose. C. If, upon the expiration of the fifteen (15) day period provided in para- graph B. above, the Staff Employee still remains delinquent, UAL- PAPAE will certify in writing to the Director of Human Resources, his/her successor or designee, copy to the Staff Employee, both by certified mail, return receipt requested, that the Staff Employee has failed to make payment within the grace period and is therefore to be discharged. The Director of Human Resources, his/her successor or designee, shall thereupon take proper steps to discharge such Staff Employee from the service of the Association as soon as possible, and in any event within twenty-one (21) days after receipt of the notice provided for herein, shall advise the Staff Employee of his or her ter- mination. D. A protest by a Staff Employee who is to be discharged as the result of an interpretation or application of the provisions of this Agreement shall be subject to the following procedures: 1. A Staff Employee who believes that the provisions of this Section have not been properly interpreted or applied, as they pertain to him/her may appeal the decision by filing a notice of appeal. Such notice shall be sent to ALPA, to the Treasurer of UALPAPAE, and to the Federal Mediation and Conciliation Service within ten (10) days of the receipt of the letter specified in paragraph B. above. The appeal notice shall contain a request to the Federal Mediation and Conciliation Service to provide a list of five (5) neutral refer- ees. A neutral referee may be agreed upon by the Staff Employee and UALPAPAE within ten (10) days after receipt of the list of neutral referees. If the parties cannot agree on a neutral referee, a referee will be chosen from the panel supplied by the Federal Mediation and Conciliation Service. The alternate strike method shall be used to select a neutral referee with the Staff Employee initiating the first rejection. Such final selection of a neutral ref- eree shall be accomplished within ten (10) days after the receipt of the list of neutral referees. If the parties have not reached agree- ment by the alternate strike method within the aforementioned ten (10) day period, the first name listed on the five (5) name panel provided by the Federal Mediation and Conciliation Service shall be designated the neutral referee. 2. The decision of the neutral referee shall be requested within thirtyfifteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

AGENCY SHOP & DUES CHECK-OFF. A. Section 3.1 Membership in the Union is not compulsory. Pilots have a right to join, not join, maintain, or drop their membership in the Union as they see fit. Neither party shall exert any pressure on or discriminate against any Pilot as regards such matters Section 3.2 Each Staff Employee of ALPA Pilot covered by this Agreement who was hired prior to or after the execution of this Agreement shall become a member or an agency fee payer within sixty (60) days after his/her date of hire or the effective date of this agreement and shall be re- quired, required as a condition of employmentcontinued employment by the Company to pay an equivalent agency fee, beginning so long as this agreement remains in effect. The agency fee referred to in the Section shall be equal to the Union’s regular and usual initiation fee and its regular, uniform and usual monthly dues. Notwithstanding the foregoing, nothing herein shall be construed to be in violation of or in conflict with the provisions of the Railway Labor Act. Section 3.3 During the life of this Agreement, the Company agrees that upon receipt of a properly executed Authorization of Payroll Deductions, voluntarily executed by a Pilot, it will make bi-weekly deductions from the Pilot’s earnings after other deductions authorized by the Pilot or are required by law have been made, to cover the current standard bi-weekly assessments and/or initiation fees or agency fees uniformly levied in accordance with the Constitution and bylaws of the Union as set forth in the Railway Labor Act. Any authorizations for payroll deductions under this Article shall be effective the first day of the month following its receipt by the Payroll Department and shall apply to the next paycheck for which dues deduction or agency fees is made. Section 3.4 The Company remittance to the Union will be accompanied by a list of the Pilots’ names and employee numbers of the Pilots for whom the deductions have been made in that particular month and the individual amounts deducted. Deductions shall be remitted to the designated Financial Officer of the Union not later than the tenth of each month. Section 3.5 Collection of dues or agency fees not deducted because of insufficient current earnings missed because of clerical error or inadvertent error in the accounting procedures, agency fees missed due to delay in receipt of the Authorization for Payroll Deductions, shall be the responsibility of the Union and shall not be the subject of payroll deductions from subsequent paychecks, and the Company shall not be responsible in any way for such missed collections. It shall be the Union’s responsibility to verify apparent errors with the individual Pilot prior to contacting the Payroll Department. The total or balance of unpaid dues, assessments and/or initiation fees or agency fees due and owed the Union at the time a Pilot terminates his employment shall be deducted from the final paycheck in accordance with applicable law. Section 3.6 An Authorization for Payroll Deduction under this Article shall be irrevocable for the term of this Agreement or for a period of one (1) year from the date the Authorization is first executed, whichever occurs sooner. Revocation shall become effective when the Pilot serves written notice on the Payroll Department to revoke such Authorization for Payroll Deductions. An Authorization for Payroll Deduction shall automatically be revoked if: A. The Pilot transfers to a position with the Company not covered by the Agreement; B. The Pilot’s service with the Company is terminated; C. The Pilot is furloughed. Section 3.7 Upon written demand from the Union, the Company shall terminate any employee within the bargaining unit who fails to tender the sum due the Union under Section Two of the Article within thirty (30) days after February 18, 2012 or thirty (30) days after from the completion of hisdate such sum is due provided the Union informs the Company and the employee in writing and allows him/her probationary period, whichever shall last occur, (1) to be or become a member of UALPAPAE, or (2) to pay UALPAPAE a monthly service charge for the administration of this Agreement and representation of the Staff Employee. Such monthly service charge shall be equal to UALPAPAE’s regular monthly dues, initiation fee, if any, and uni- form periodic assessments, which would be required to be paid by such Staff Employee if a member; provided, that neither membership nor the payment of a service charge shall be required with respect to any such Staff Employee (a) for whom membership is not avail- able upon the same terms and conditions generally applicable to any other member, or (b) as to whom membership was denied or termi- nated for any reason other than the failure to tender periodic dues, initiation fees and assessments uniformly required by UALPAPAE as a condition of acquiring or retaining membership. UALPAPAE shall treat members and non-members alike in calculating the amounts of dues, initiation fees, and assessments, in establishing the due date of payments, and in determining whether the Staff Employee’s account is delinquent. B. If any Staff Employee of ALPA covered by this Agreement becomes delinquent in the making of such payments, UALPAPAE shall notify such Staff Employee by certified mail, return receipt requested, copy to the Director of Human Resources, his/her successor or designee, that he/she is delinquent in the payment of such service charge as specified herein and the total amount of money due and the period for which he/she is delinquent and that he/she is subject to discharge as an Staff Employee of the Association. Such letter shall also notify the Staff Employee that he/she must remit the required payment within a period of additional fifteen (15) days or be dischargedafter the 30th day of delinquency. The notice of delinquency required under this paragraph shall be deemed If the employee fails to be received by the Staff Employee, whether or not it is personally received by him/her when mailed by the Treasurer of UALPAPAE, by certified mail, re- turn receipt requested, postage prepaid to the Staff Employee’s last known address, or to any other address which has been designated by the Staff Employee. It shall be the duty of every Staff Employee cov- ered by this Agreement to notify the Association’s Human Resources Department of every change in resolve his/her home address, or an address where dues delinquency with the notice required by Union during this paragraph can be sent and received by the Staff Employee if the Staff Employee’s home address is at any time unacceptable for this purpose. C. If, upon the expiration of the fifteen (15) day period provided in para- graph B. aboveand after notification to the Company by the Union, the Staff Employee still remains delinquent, UAL- PAPAE Company will certify in writing to terminate the Director employee effective the end of Human Resources, his/her successor or designee, copy to that payroll period. Section 3.8 Any dispute between the Staff Employee, both by certified mail, return receipt requested, that Company and the Staff Employee has failed to make payment within the grace period and is therefore to be discharged. The Director of Human Resources, his/her successor or designee, shall thereupon take proper steps to discharge such Staff Employee from the service Union arising out of the Association as soon as possible, and in any event within twenty-one (21) days after receipt of the notice provided for herein, shall advise the Staff Employee of his or her ter- mination. D. A protest by a Staff Employee who is to be discharged as the result of an interpretation or application of the provisions of this Agreement Article, when reduced to writing as a grievance, shall be subject to the following procedures: 1Grievance Procedure by initially referring the grievance to Step Three. A Staff Employee who believes that The grievance thereafter may be processed in accordance with the provisions of Articles 6 and 7 in this Agreement. Section have not been properly interpreted or applied3.9 The Union agrees to hold the Company harmless and to indemnify the Company against suits, as they pertain to him/her may appeal the decision by filing a notice of appeal. Such notice shall be sent to ALPAclaims, to the Treasurer of UALPAPAEliabilities, and to the Federal Mediation reasonable and Conciliation Service within ten (10) days customary attorney's fees which arise out of the receipt or by reason of the letter specified in paragraph B. above. The appeal notice shall contain a request to the Federal Mediation and Conciliation Service to provide a list of five (5) neutral refer- ees. A neutral referee may be agreed upon any action taken by the Staff Employee and UALPAPAE within ten (10) days after receipt Company under the terms of the list of neutral referees. If this Article. Section 3.10 It is further agreed between the parties cannot agree on a neutral referee, a referee will be chosen from that the panel supplied by the Federal Mediation and Conciliation Service. The alternate strike method Union shall be used to select a neutral referee with the Staff Employee initiating the first rejection. Such final selection notify each Pilot of a neutral ref- eree shall be accomplished within ten (10) days after the receipt of the list of neutral referees. If the parties have not reached agree- ment by the alternate strike method within the aforementioned ten (10) day period, the first name listed on the five (5) name panel their Xxxx rights as provided by the Federal Mediation and Conciliation Service shall be designated the neutral refereelaw. 2. The decision of the neutral referee shall be requested within thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement (Air Methods Corp)

AGENCY SHOP & DUES CHECK-OFF. A. Section 3.1 Membership in the Union is not compulsory. Pilots have a right to join, not join, maintain, or drop their membership in the Union as they see fit. Neither party shall exert any pressure on or discriminate against any Pilot as regards such matters Section 3.2 Each Staff Employee of ALPA Pilot covered by this Agreement who was hired prior to or after the execution of this Agreement shall become a member or an agency fee payer within sixty (60) days after his/her date of hire or the effective date of this agreement and shall be re- quired, required as a condition of employmentcontinued employment by the Company to pay an equivalent agency fee, beginning so long as this agreement remains in effect. The agency fee referred to in the Section shall be equal to the Union’s regular and usual initiation fee and its regular, uniform and usual monthly dues. Notwithstanding the foregoing, nothing herein shall be construed to be in violation of or in conflict with the provisions of the Railway Labor Act. Section 3.3 During the life of this Agreement, the Company agrees that upon receipt of a properly executed Authorization of Payroll Deductions, voluntarily executed by a Pilot, it will make bi-weekly deductions from the Pilot’s earnings after other deductions authorized by the Pilot or are required by law have been made, to cover the current standard bi-weekly assessments and/or initiation fees or agency fees uniformly levied in accordance with the Constitution and bylaws of the Union as set forth in the Railway Labor Act. Any authorizations for payroll deductions under this Article shall be effective the first day of the month following its receipt by the Payroll Department and shall apply to the next paycheck for which dues deduction or agency fees is made. Section 3.4 The Company remittance to the Union will be accompanied by a list of the Pilots’ names and employee numbers of the Pilots for whom the deductions have been made in that particular month and the individual amounts deducted. Deductions shall be remitted to the designated Financial Officer of the Union not later than the tenth of each month. Section 3.5 Collection of dues or agency fees not deducted because of insufficient current earnings missed because of clerical error or inadvertent error in the accounting procedures, agency fees missed due to delay in receipt of the Authorization for Payroll Deductions, shall be the responsibility of the Union and shall not be the subject of payroll deductions from subsequent paychecks, and the Company shall not be responsible in any way for such missed collections. It shall be the Union’s responsibility to verify apparent errors with the individual Pilot prior to contacting the Payroll Department. The total or balance of unpaid dues, assessments and/or initiation fees or agency fees due and owed the Union at the time a Pilot terminates his employment shall be deducted from the final paycheck in accordance with applicable law. Section 3.6 An Authorization for Payroll Deduction under this Article shall be irrevocable for the term of this Agreement or for a period of one (1) year from the date the Authorization is first executed, whichever occurs sooner. Revocation shall become effective when the Pilot serves written notice on the Payroll Department to revoke such Authorization for Payroll Deductions. An Authorization for Payroll Deduction shall automatically be revoked if: A. The Pilot transfers to a position with the Company not covered by the Agreement; B. The Pilot’s service with the Company is terminated; C. The Pilot is furloughed; or D. The Pilot is on an authorized Leave of Absence. Section 3.7 Upon written demand from the Union, the Company shall terminate any employee within the bargaining unit who fails to tender the sum due the Union under Section Two of the Article within thirty (30) days after February 18, 2012 or thirty (30) days after from the completion of hisdate such sum is due provided the Union informs the Company and the employee in writing and allows him/her probationary period, whichever shall last occur, (1) to be or become a member of UALPAPAE, or (2) to pay UALPAPAE a monthly service charge for the administration of this Agreement and representation of the Staff Employee. Such monthly service charge shall be equal to UALPAPAE’s regular monthly dues, initiation fee, if any, and uni- form periodic assessments, which would be required to be paid by such Staff Employee if a member; provided, that neither membership nor the payment of a service charge shall be required with respect to any such Staff Employee (a) for whom membership is not avail- able upon the same terms and conditions generally applicable to any other member, or (b) as to whom membership was denied or termi- nated for any reason other than the failure to tender periodic dues, initiation fees and assessments uniformly required by UALPAPAE as a condition of acquiring or retaining membership. UALPAPAE shall treat members and non-members alike in calculating the amounts of dues, initiation fees, and assessments, in establishing the due date of payments, and in determining whether the Staff Employee’s account is delinquent. B. If any Staff Employee of ALPA covered by this Agreement becomes delinquent in the making of such payments, UALPAPAE shall notify such Staff Employee by certified mail, return receipt requested, copy to the Director of Human Resources, his/her successor or designee, that he/she is delinquent in the payment of such service charge as specified herein and the total amount of money due and the period for which he/she is delinquent and that he/she is subject to discharge as an Staff Employee of the Association. Such letter shall also notify the Staff Employee that he/she must remit the required payment within a period of additional fifteen (15) days or be dischargedafter the 30th day of delinquency. The notice of delinquency required under this paragraph shall be deemed If the employee fails to be received by the Staff Employee, whether or not it is personally received by him/her when mailed by the Treasurer of UALPAPAE, by certified mail, re- turn receipt requested, postage prepaid to the Staff Employee’s last known address, or to any other address which has been designated by the Staff Employee. It shall be the duty of every Staff Employee cov- ered by this Agreement to notify the Association’s Human Resources Department of every change in resolve his/her home address, or an address where dues delinquency with the notice required by Union during this paragraph can be sent and received by the Staff Employee if the Staff Employee’s home address is at any time unacceptable for this purpose. C. If, upon the expiration of the fifteen (15) day period provided in para- graph B. aboveand after notification to the Company by the Union, the Staff Employee still remains delinquent, UAL- PAPAE Company will certify in writing to terminate the Director employee effective the end of Human Resources, his/her successor or designee, copy to that payroll period. Section 3.8 Any dispute between the Staff Employee, both by certified mail, return receipt requested, that Company and the Staff Employee has failed to make payment within the grace period and is therefore to be discharged. The Director of Human Resources, his/her successor or designee, shall thereupon take proper steps to discharge such Staff Employee from the service Union arising out of the Association as soon as possible, and in any event within twenty-one (21) days after receipt of the notice provided for herein, shall advise the Staff Employee of his or her ter- mination. D. A protest by a Staff Employee who is to be discharged as the result of an interpretation or application of the provisions of this Agreement Article, when reduced to writing as a grievance, shall be subject to the following procedures: 1Grievance Procedure by initially referring the grievance to Step Three. A Staff Employee who believes that The grievance thereafter may be processed in accordance with the provisions of Articles 6 and 7 in this Agreement. Section have not been properly interpreted or applied3.9 The Union agrees to hold the Company harmless and to indemnify the Company against suits, as they pertain to him/her may appeal the decision by filing a notice of appeal. Such notice shall be sent to ALPAclaims, to the Treasurer of UALPAPAEliabilities, and to the Federal Mediation reasonable and Conciliation Service within ten (10) days customary attorney's fees which arise out of the receipt or by reason of the letter specified in paragraph B. above. The appeal notice shall contain a request to the Federal Mediation and Conciliation Service to provide a list of five (5) neutral refer- ees. A neutral referee may be agreed upon any action taken by the Staff Employee and UALPAPAE within ten (10) days after receipt Company under the terms of the list of neutral referees. If this Article. Section 3.10 It is further agreed between the parties cannot agree on a neutral referee, a referee will be chosen from that the panel supplied by the Federal Mediation and Conciliation Service. The alternate strike method Union shall be used to select a neutral referee with the Staff Employee initiating the first rejection. Such final selection notify each Pilot of a neutral ref- eree shall be accomplished within ten (10) days after the receipt of the list of neutral referees. If the parties have not reached agree- ment by the alternate strike method within the aforementioned ten (10) day period, the first name listed on the five (5) name panel their Xxxx rights as provided by the Federal Mediation and Conciliation Service shall be designated the neutral refereelaw. 2. The decision of the neutral referee shall be requested within thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement (Air Methods Corp)

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AGENCY SHOP & DUES CHECK-OFF. A. Each Staff Employee Any permanent employee in the bargaining unit on the effective date of ALPA covered by this Agreement shall be re- quiredwho does not join the Union within 30 days of initial employment within the unit, and all newly hired permanent employees who do not join within 10 days of employment shall, as a condition of employment, beginning thirty (30) days after February 18pay a representation fee to the Union by automatic payroll deduction. The representation fee shall be in the amount equal to no more than 85% of the regular Union membership dues, 2012 or thirty (30) days after fees and assessments as certified to the completion Employer by the Union. The Union may revise its certification of his/her probationary periodthe amount of the representation fee at any time to reflect changes in the regular Union membership dues, whichever fees and assessments. The Union's entitlement to the representation fee shall last occur, (1) to be or become a member of UALPAPAE, or (2) to pay UALPAPAE a monthly service charge for continue beyond the administration termination date of this Agreement and representation so long as the Union remains the majority representative of the Staff Employeeemployees in the unit, provided that no modification is made in this provision by a successor agreement between the Union and the Employer. Such monthly service charge For the purpose of this provision, employees employed on a 10 month basis or who are reappointed from year to year shall be equal considered to UALPAPAE’s regular be in continuous employment. B. The Township shall deduct from the pay of each employee in the bargaining unit who furnishes a written authorization for such deduction, in a form acceptable to the Township, during each calendar month, the amount of monthly dues, initiation fee, if any, and uni- form periodic assessments, which would be required to be paid by such Staff Employee if a member; provided, that neither . The regular membership nor the payment of a service charge shall be required with respect to any such Staff Employee (a) for whom membership is not avail- able upon the same terms and conditions generally applicable to any other member, or (b) as to whom membership was denied or termi- nated for any reason other than the failure to tender periodic dues, initiation fees and assessments uniformly required by UALPAPAE as a condition of acquiring or retaining membership. UALPAPAE shall treat members and non-members alike in calculating the amounts of dues, initiation fees, and assessments, in establishing the due date of payments, and in determining whether the Staff Employee’s account is delinquent. B. If any Staff Employee of ALPA covered by this Agreement becomes delinquent in the making of such payments, UALPAPAE shall notify such Staff Employee by be as certified mail, return receipt requested, copy to the Director Township by the Union at least 30 days prior to the month in which the deduction of Human Resources, his/her successor or designee, that he/she union dues is delinquent in the payment of such service charge as specified herein and the total amount of money due and the period for which he/she is delinquent and that he/she is subject to discharge as an Staff Employee of the Association. Such letter shall also notify the Staff Employee that he/she must remit the required payment within a period of fifteen (15) days or be discharged. The notice of delinquency required under this paragraph shall be deemed to be received by the Staff Employee, whether or not it is personally received by him/her when mailed by the Treasurer of UALPAPAE, by certified mail, re- turn receipt requested, postage prepaid to the Staff Employee’s last known address, or to any other address which has been designated by the Staff Employee. It shall be the duty of every Staff Employee cov- ered by this Agreement to notify the Association’s Human Resources Department of every change in his/her home address, or an address where the notice required by this paragraph can be sent and received by the Staff Employee if the Staff Employee’s home address is at any time unacceptable for this purposemade. C. IfUnion dues and representation fees deducted by the Township shall be remitted by the Township to the Union, upon c/o Secretary/Treasurer AFSCME, District Council #71, 0000 Xxxxx Xxxx Xxxx, Xxxxxxxxxxxx, Xxx Xxxxxx 00000, by the expiration 30th day of the fifteen (15) day period provided month following the calendar month in para- graph B. abovewhich such deductions are made, the Staff Employee still remains delinquent, UAL- PAPAE will certify in writing to the Director of Human Resources, his/her successor or designee, copy to the Staff Employee, both by certified mail, return receipt requested, that the Staff Employee has failed to make payment within the grace period and is therefore to be discharged. The Director of Human Resources, his/her successor or designee, shall thereupon take proper steps to discharge such Staff Employee from the service of the Association as soon as possible, and in any event within twenty-one (21) days after receipt of the notice provided for herein, shall advise the Staff Employee of his or her ter- mination. D. A protest by a Staff Employee who is to be discharged as the result of an interpretation or application of the provisions of this Agreement shall be subject to the following procedures: 1. A Staff Employee who believes that the provisions of this Section have not been properly interpreted or applied, as they pertain to him/her may appeal the decision by filing a notice of appeal. Such notice shall be sent to ALPA, to the Treasurer of UALPAPAE, and to the Federal Mediation and Conciliation Service within ten (10) days of the receipt of the letter specified in paragraph B. above. The appeal notice shall contain a request to the Federal Mediation and Conciliation Service to provide together with a list of five (5) neutral refer- eesemployees from whose pay such deductions were made. A neutral referee may copy of such list shall also be agreed upon by delivered to the Staff Employee and UALPAPAE within ten (10) days after receipt of the list of neutral referees. If the parties cannot agree on a neutral referee, a referee will be chosen from the panel supplied by the Federal Mediation and Conciliation Service. The alternate strike method shall be used to select a neutral referee with the Staff Employee initiating the first rejection. Such final selection of a neutral ref- eree shall be accomplished within ten (10) days after the receipt of the list of neutral referees. If the parties have not reached agree- ment by the alternate strike method within the aforementioned ten (10) day period, the first name listed on the five (5) name panel provided by the Federal Mediation and Conciliation Service shall be designated the neutral refereeLocal Union President. 2. The decision of the neutral referee shall be requested within thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

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