Common use of UNION SECURITY AND CHECK-OFF Clause in Contracts

UNION SECURITY AND CHECK-OFF. 5.1 It shall be a condition of employment that all employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liability.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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UNION SECURITY AND CHECK-OFF. 5.1 It shall be a condition of employment that all employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees inin the unit who have given the employer, and who have not revoked, a duly executed and lawfully written agreement for such purposes. Payment to the Union will be remitted prior to the end of the month subsequent to the month in which the fees and dues were deducted. 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liability. 5.6 The Company agrees to notify the local Union office in writing of all new hires and terminations by secure means. The new hire notification will include employee social security number, address, and date of hire.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 2.1 It shall be a condition of employment that all employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing the Union on the 31st day following the date this Article applies to their work- location or their employment whichever is later. The requirement of membership under this section is satisfied by the payment of the financial obligations of the Union's initiation fee and periodic dues uniformly imposed. In the event the Union orsecurity provision of this Agreement is held to be invalid, unenforceable, or of no legal effect generally or with respect to any Employer because of interpretation or a change in federal or state statute, city ordinance or rule, or decision of any government administrative body, agency or subdivision, the alternativepermissible Union security clause under such statute, render decision or regulation shall be enforceable as a substitute for the Union security clause provided for herein. 2.2 Upon receipt by the Employer of a letter from the Union's Secretary- Treasurer requesting an employee's discharge because he or she has not met the requirements of this Article, unless the Employer questions the propriety of doing so, he or she shall be discharged within 15 days of the letter if prior thereto he or she does not take proper steps to meet the requirements. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to the Arbitrator. If the Arbitrator determines that the employee has not complied with the requirements of this Article, the employee shall be discharged within 10 days after written notice of the determination has been given to the Employer. 2.3 The Employer shall be responsible for all revenue lost by the Union by reason of any failure to discharge an employee who is not a member of the Union, if the Union has so requested in writing. In cases involving removal of employees for non-payment of the requirements of this Article, the Arbitrator shall have the authority to assess liquidated damages. 2.4 The Union shall have the right to inspect the Employer's payroll records to determine the employees of the Employer who are covered by this Agreement. 2.5 The Employer agrees to deduct monthly dues, initiation fees, American Dream Fund or Political Action Fund contributions, from the wages of an employee, when authorized by the employee in writing in accordance with applicable law. The Union will furnish to the Employer the necessary authorization forms. The Employer shall maintain accurate employee information and transmit dues, initiation fees, political fund contributions, and all legal assessments deducted from employees’ paychecks to the Union a monthly sum equivalent to a percentage of electronically via automated clearing house (ACH) or wire transfer utilizing the initiation fees and monthly dues32BJ self-service portal, based on unless the Union directs in writing that dues be remitted by means other than electronic transmittals. The transmission shall be accompanied with information for whom the dues are transmitted, the amount of dues payment for each employee, the employee’s wage rate, the employee’s date of hire, the employee’s location or location change, whether the employee is part-time or full.-time, the employee’s social security number, the employee’s address and the employee’s classification. The Union shall provide any necessary training opportunity to the employer to facilitate electronic transmissions. The Union shall designate an official in its Dues Department to facilitate collection for work sites covered by this Agreement. That individual, along with a designee from the Union’s collective bargaining expenditures in relation Mid-Atlantic District, will respond to Employer phone calls and e-mails as promptly as possible. No interest or penalties will be imposed if the Union’s total expenditures. Such sums shall be re cognized as “Service FeeEmployer makes a good-faith effort to remit payment. 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. 2.6 If the employee Employer fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal deduct or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable remit to the Union the initiation fees and current monthly dues or other monies in accordance with this section by the twentieth (20th) day of the Union month, the Employer shall pay interest on such dues, initiation fees, or contributions at the rate of one percent per month beginning on the twenty- first (21st) day, unless the Employer can demonstrate the delay was for those employees in 5.5 The Union agrees good cause due to indemnify circumstances beyond its control. If the Employer fails to remit dues, agency fees, initiation fees, and hold the Company harmless from and against any and all claims, demands, suits ADF or other forms of liability that arise out ofPolitical Action Fund contributions (collectively, or by reason of, any action taken by the Company “dues”) required to be remitted pursuant to the provisions Collective Bargaining Agreement for three (3) or more months during the terms of this ArticleAgreement, including regardless of whether or not those months are consecutive, the reasonable costs Union may refer the matter to the Grievance Committee under Article 4, which will consider the matter at its next monthly meeting. If the matter is not resolved by the Grievance Committee, the Union may seek expedited arbitration to collect the unpaid dues. In any expedited arbitration under this section, if the Union prevails in any part of its claim for unpaid dues, the full fee for the arbitration shall be borne by the Employer and the arbitrator shall award interest in the amount, if any, established in this Agreement. For the purposes of this section, an expedited arbitration must be held no later than twenty-one (21) calendar days from the date of the written demand for arbitration made by the Union. The arbitrator shall be selected in accordance with Article 4 of this Agreement. If no arbitrator is available within the established time period, the parties shall select the arbitrator with the earliest available date. The arbitrator shall not grant any defense made necessary adjournments except on mutual consent of the parties. Any expedited arbitration hearing held pursuant to this section shall continue from day to day until completed, and the parties shall not be permitted to submit post-hearing briefs. The arbitrator shall issue an opinion and award within seven (7) days of the close of the hearing. 2.7 If an employee does not revoke his or her dues check-off authorization at the end of the year following the date of authorization, or at the end of the current contract, whichever is earlier, the employee shall be deemed to have renewed his or her authorization for another year, or until the expiration of the next succeeding contract, whichever is earlier. 2.8 At the time of hire, the Employer shall give to the new employees a packet, provided by any such disputethe Union, claimscontaining a Union membership application form, suit check-off authorization form, American Dream Fund authorization form, and where appropriate, benefit fund enrollment forms. The Employer will send to the Union offices those forms (or liabilityportions thereof) that the employee chooses to fill out and return to the Employer. The Employer will permit the Union to meet with each newly hired employee who is not already a Union member for up to thirty (30) minutes of paid time at the employee’s worksite at a date and time arranged between the Union and the Employer’s management at the site.

Appears in 2 contracts

Samples: Contractor Agreement, Contractors Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be a condition of employment that all (a) All employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain who are members of the Union or, in at the alternative, render the Union a monthly sum equivalent to a percentage date of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date ratification of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union, Local 195, and will be required to continue to be members of the Union oras a condition of employment with the Employer. (b) The Employer agrees that all new employees shall become members of the Union upon the completion of their probationary period and remain members during the life of this agreement as a condition of their employment with the Employer. (c) The Employer agrees to deduct monthly from the wages of all employees within the bargaining unit, the equivalent of one (1) months' dues, initiation fees and other assessments authorized by the Constitution and By-laws of the Union. For purposes of this agreement, the payment of union dues shall be deemed to constitute membership in the alternativeUnion. (d) By the fifteenth (15th) of the following month, render the Employer will remit by cheque to the Financial Secretary of Local 195 CAW the total of the deductions made together with a list of those from whom deductions are made. The Employer will also supply a list of those members who did not have Union dues deducted and the reason why no deduction took place. (e) The Employer agrees to include the Union dues paid by the employee on his annual T4 slip. (f) The monies referred to in this Article are to be held in trust by the Employer. The sole and exclusive role of the Employer is to deduct the monies and hold them in trust until such time as they are remitted to the Union a in accordance with this Collective agreement. (g) Along with the monthly sum equivalent check off of dues, the following information will be given to a percentage the Local Union Office: (i) Employees who acquired seniority during the month. (ii) Changes, if any, in an employee’s rate and classification. (iii) Employees, if any, who transferred into or out of the initiation fees and monthly duesbargaining unit in that month. (iv) Employees, based on if any, who commenced a leave of absence, W.I., LTD, WSIB, lay-off or recall in that month. (v) Employees, if any, who lost seniority in that month, and (vi) This information to be sent to the amount Local by hard copy or electronically, at the request of the Local Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee. 5.3 5.02 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold save harmless the Company harmless from and Employer, its agents and\or employees against any and all claims, complaints, liabilities, demands, suits actions or other forms causes of liability that arise actions arising out of, or by reason of, in any action taken by way connected with the Company pursuant to the provisions operation of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liabilityArticle 5.01.

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 5.01 Neither the Employer nor the Local will discriminate against any Employee because of her membership or non-membership in the Union. It shall be is recognized that membership in the Union is a voluntary act on the part of each Employee in the bargaining unit. 5.02 As a condition of employment that all employees employment, or continued employment, of its Employees in the bargaining unit, the Employer agrees to deduct from the wages of each Employee, union dues in an amount equivalent to the regular monthly dues duly authorized by the constitution of the Company covered by this Agreement Union for union dues, and to remit the amount so deducted from the Employee’s earnings, together with a list of such Employees that shall include each Employee’s regular wages for that month will be forwarded to the National Secretary- Treasurer of the Canadian Union of Public Employees with a copy forwarded to the Treasurer of the Local. Such deduction will be remitted within thirty fifteen (3015) days of the effective date payment of wages each month. 5.03 This compulsory check-off of dues shall continue during the lifetime of this Agreement or any renewal thereof and shall be continued throughout any period during which the parties are engaged in negotiations with a view to making a new Agreement, become and remain members of it shall apply to all Employees in the bargaining unit. 5.04 The Union orshall keep the Employer advised, in the alternativewriting, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on any changes in the amount of its monthly dues. (a) The Employer agrees, at the time of hiring, to acquaint the new Employee with the fact that a Collective Agreement is in effect and to provide her with a copy of the Collective Agreement and a list of all council members. (b) The Employer shall provide the new Employee with an Orientation Kit, including a welcome letter from the Union, for New Employees. The Employer agrees to provide the Local with a copy of such kit and to notify the Local of any changes made therein. (a) The Employer agrees to notify the Local of the name of each Employee who has satisfactorily completed the probationary period. (b) A Union Xxxxxxx shall have the right to meet the Employee, with the Supervisor’s collective knowledge and at mutual convenience, for one hour during work time, within one month from the date of hiring. 5.07 The Employer agrees to inform the Local of all appointments, demotions, hires, lay-offs, transfers, recalls, job shares, secondments, leaves, resignations, retires, deaths, or other changes or terminations of employment relating to bargaining expenditures unit members within thirty 5.08 Errors in relation to the Union’s total expenditures. Such sum collection of union dues shall be recognized as “Service Feesplit between the Association and the Local equally.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liability.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall 6.01 All present seniority employees who are currently mem- bers of the Union will be required to continue to be mem- bers of the Union as a condition of employment that all employees of for the Company covered by this Agreement shall within thirty (30) days of the effective date duration of this Agreement. 6.02 Probationary employees upon completion of their proba- tionary period, shall become members of the Union, and remain will be required to continue to be members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees for the duration of the Company this Agreement. 6.03 Each employee covered by this agreement shall pay the regular weekly Union dues in accordance with the Unifor Constitution and hired Local Union Bylaws. The amounts so deducted shall be such sums as may from time to time be assessed by the Union on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain its members in good standing accordance with the Constitution and/or Bylaws of the National and Local Union. In case of any conflict, the Bylaws or Constitution of the National Union orshall govern. 6.04 A list of the total number of employees, in along with all sums deducted as above shall be remitted by the alternative, render Company to the Union a monthly sum equivalent to a percentage financial secretary of the initiation fees local Union by the 15th of the month following the month in which the deductions were made. This list will contain employees’ names, payroll numbers, addresses and monthly duestelephone numbers, based on along with the amount of such deductions and the Union’s collective reason, if any, why no deduc- tions were made from certain employees. This list will also indicate any employee whose employment is termi- nated, transferred out of the bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Feeunit, on layoff, leave of absence, or have deceased. 5.3 6.05 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request shall indemnify and save the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and harm- less against any and all claims, demands, suits or and other forms of liability that arise out of, of or by reason of, of any action ac- tion taken or not taken by the Company pursuant to for the purpose of complying with any of the provisions of this Articlearticle, or in reliance on any lists, notice or assessment furnished under such provisions. 6.06 The Company will, upon written authorization by the employee, deduct from the earnings of all skilled trades’ employees the sum of 50% of one (1) hour’s pay including COLA, per year in the reasonable costs month of any defense made necessary Janu- ary, and such deduction to be forwarded to: Secretary Treasurer Windsor & Essex County Skilled Trades Council c/o Unifor Local 2458 0000 Xxxxx Xxxxxx Xxxxxxx XX X0X 0X0 New employees will have fees deducted from the first pay following receipt of written authorization from the Canadian Skilled Trades Council. 6.07 The Company agrees to supplement regular full-time em- ployees for lost time earnings who are absent from work at their straight time rate, provided they are on an ap- proved and authorized Union leave of absence of not more than five (5) consecutive work days. If there are situations whereby the approved leave of absence will be longer than five days it will require personnel’s approval. The Presi- dent of Local 1941 and or the Plant Chairperson shall for- xxxx to the Company a list of names and the amount of lost time hours to be paid by any such disputethe Company. The Company will then be reimbursed by Local 1941 Unifor within 14 days of submitting an invoice/statement to the Union. 6.08 The Company agrees to pay the Plant Bargaining Com- mittee during negotiations at the applicable rate of pay had the employee been at work. As well the Company agrees to pay the Plant Bargaining Committee their regular weekly pay regardless of shift type, claims, suit or liabilityat the applicable rate for five (5) days of preparation prior to negotiations 6.09 It is understood that while the Bargaining Committee is out of the plant for negotiations and preparation for nego- tiations the entire Committee will be replaced. The re- placements will be chosen by the Union and paid the appropriate wages of the Union’s positions as prescribed by Schedule “A”.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It 2.01 All present employees who are members of the Union, and those who subsequently choose to become members of the Union, shall be maintain such membership in good standing as a condition of continued employment that all employees of during the Company covered by this Agreement shall within thirty (30) days of the effective date term of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee. 5.2 It shall be a condition of employment that all 2.02 All future employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, must become and remain members in good standing of the Union oras a condition of employment during the term of this Agreement. 2.03 All employees covered by the terms of this Agreement shall, in as a condition of employment, pay monthly Union dues or the alternative, render to the equivalent of monthly Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared established by the Union in accordance with its Constitution and By-Laws, and such Union dues shall be paid through monthly check-off deductions as outlined below. 2.04 The Employer agrees to be delinquent might violate Federal or State statute or subject deduct in equal amounts from each pay received in the Company calendar month of each employee who is covered under the terms of this Agreement, the monthly Union dues as established by the Union from time to a charge of discrimination for violation time. The responsible officer of the rights Union shall notify the Employer in writing of such employeethe appropriate amounts of the foregoing, and any changes thereto, as they become effective. New employees shall have deductions made on the first regular deduction date following completion of thirty (30) calendar days of employment. Notwithstanding this provision, it is agreed that term certains/temporary employees shall so notify commence deductions for an amount equivalent to union dues following the Unioncompletion of ninety (90) calendar days of employment. 2.05 The Union dues shall be remitted along with an alphabetical listing of all employees from whom such deductions were made, to the financial secretary of the Union before the twenty-fifth (25th) day of the month following the month in which such deductions were made. In such eventThe Employer also agrees to deduct and remit an amount equal to the union initiation fee from each new employee following completion of thirty (30) calendar days of employment. Notwithstanding this provision, it is agreed that term certains/temporary employees shall not be required to discharge said employee until commence deductions for initiation fee following the propriety completion of such discharge has been determined pursuant to the grievance and arbitration procedureninety (90) calendar days of employment. 5.4 2.06 It is agreed that upon commencement of employment new employees shall be advised by a representative of the Company shall deduct from Employer of the wages and make payable to the Union the initiation fees and current monthly dues existence of the Union for those employees inand of the conditions surrounding their employment, as contained in this Collective Agreement, and any rules that may be formulated under its terms. 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability 2.07 Both parties agree that arise out of, or by reason of, any action taken by the Company pursuant they are subject to the provisions terms of this Articlethe Hospital Labour Disputes Arbitration Act. 2.08 As part of the Employer’s Orientation program, including the reasonable costs Unit Chairperson or her designate of the Union will be notified in writing whenever a new employee is hired and invited to introduce herself and explain any defense made necessary by matter of interest to any such dispute, claims, suit new employee or liability.employees. This meeting shall be restricted to a maximum of twenty

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 Section 1. It shall be a condition of employment that all employees of the Company Unit Core Faculty members covered by this Agreement who are members of the Union in good standing as of its effective or execution date, whichever is later, shall within thirty (30) days remain members in good standing, and those who are not members in good standing as of the effective or execution date of this Agreement, become and remain members of the Union orwhichever is later, in the alternativeshall, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth thirtieth (60th30th) calendar day following their entry into pay statusthe later of the effective or execution date, become and remain members in good standing of the Union Union, or, in the alternativelieu of union membership, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly duespay an agency fee, based on the amount of as determined by the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed agrees to comply with his obligations under all Massachusetts and Federal law regarding the implementation and notice requirements of agency fees. Section 2. It also shall be a condition of employment that all Unit Core Faculty members covered by this Agreement who are hired on or after its effective or execution date, whichever is later, shall, on or after the thirtieth (30th) work day following the beginning of such employment either become and remain members in good standing of the Union or pay an agency fee as determined by the Union. Section 3. The Union may request that a Unit Core Faculty member, who fails to join the Union, maintain Union membership, or pay a representation fee, shall be dismissed. If the Union makes such a request, the Employer shall comply. Prior to any dismissal, the Unit Core Faculty member shall be offered an opportunity within twenty (20) calendar days, following the written notification from the Union to the Employer requesting discharge, to pay the required dues, initiation fees, and/or representation fees that have not been tendered. Section 4. Payment of Union dues and/or fees may be made via the check-off procedure provided by this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company University shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits assume no financial or other forms obligation arising out of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this Article except as specifically provided in this Article. Section 5. The Union hereby agrees that it shall indemnify, including defend, and hold the reasonable costs of University harmless from any defense made necessary by any such dispute, claims, suit actions, or liabilityproceedings by a Unit Core Faculty member arising from deductions made by the University hereunder or from the enforcement of this Article. Section 6. The Employer further agrees to deduct voluntary contributions made by Unit Core Faculty to the SEIU Committee on Political Education (COPE) and to remit said contributions to the COPE at the same time Union dues and agency fees are remitted. Said contributions are strictly voluntary and can be in any amount as determined by the Unit Core Faculty member. Section 7. Each payday, the University shall deduct from a Unit Core Faculty member’s wages a sum of dues and/or fees owed the Union and authorized under the Federal Labor Law, provided the Unit Core Faculty member has furnished the University a written assignment executed in accordance with law. The Union will provide to the University a suitable form for the authorization of this payroll deduction, and, as to new Unit Core Faculty, the University will include that form in his/her initial employment packet. Section 8. The Union shall be ultimately responsible for obtaining executed written assignments for such payroll deductions from existing Unit Core Faculty. However, the University shall cooperate with the Union in seeking compliance with this provision by notifying covered Unit Core Faculty at their time of hire of the existence of this Agreement and by providing them with Union membership and pay deduction materials supplied by the Union. Materials voluntarily completed by the Unit Core Faculty member and returned to the University shall be promptly remitted to the Union. On or about the 15th of the month following the deductions, monies so deducted by the University shall be transmitted by mail or electronically to the Union Treasurer or other Union designee. Such deductions shall continue until either the Unit Core Faculty member is not on the payroll of the University or instruction to cease payroll deductions is given in writing by the Unit Core Faculty member to the University Office of Human Resources. Section 9. The University shall send to the Union via transmission method determined by the Union to an electronic or physical address identified by the Union in writing the following information for each Unit Core Faculty member whether or not deduction is made, at the same time as the University remits all deductions for union dues or representation fees, Union initiation fees and Union assessments made from the wages of Unit Core Faculty for the preceding month: a. Job classification; b. Department; c. Rate of pay and earnings that the dues or representation fee deduction is based on; d. Month the deduction is based on; e. Name; f. Union initiation fees listed separately; g. Union assessments listed separately; and, h. If applicable, the reason Union dues are not deducted.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 3.1 It shall be a condition of employment that all employees of the Company Employees covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing the Union on the 31st day following the date this Article applies to their work-site or their employment, whichever is later. The requirement of membership under this section is satisfied by the payment of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount financial obligations of the Union’s collective bargaining expenditures in relation to initiation fee and periodic dues uniformly imposed. 3.2 Upon receipt by the Employer of a letter from the Union’s total expenditures. Such sums Secretary-Treasurer requesting an Employee’s discharge because he or she has not met the requirements of this Article, unless the Employer questions the propriety of doing so, he or she shall be re cognized as “Service Feedischarged within 15 days of the letter if prior thereto he or she does not take proper steps to meet the requirements. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to the Arbitrator. If the Arbitrator determines that the Employee has not complied with the requirements of this Article, the Employee shall be discharged within 30 days after written notice of the determination has been given to the Employer. 5.3 3.3 The Employer agrees to deduct monthly dues, initiation fees, agency fees, American Dream Fund or Political Action Fund contributions, from the wages of an employee, when authorized by the employee in writing in accordance with applicable law. The Union will provide written notice furnish to the Employer the necessary authorization forms. At the time of hire or recall from lay off the Employer shall give to the new Employees a packet, provided by the Union, containing a Union membership application form, a dues check-off authorization form, and benefit enrollment forms only. The Employer will send to the Union offices those forms (or portions thereof) that the employee that he has failed chooses to comply with his obligations under this Articlefill out and return to the Employer. If newly hired or recalled employees complete and/or submit employment documents through an electronic or digital process, the employee Employer shall include the Union-provided forms described above in such process if feasible and practical based on the Employer’s electronic systems. 3.4 If the Employer fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal deduct or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable remit to the Union the initiation fees and current monthly dues or other monies in accordance with this section by the twentieth (20th) day of the month, the Employer shall pay interest on such dues, initiation fees, or contributions at the rate of one- half of one percent per month beginning on the thirty-first (31st) day after Employer’s receipt of written notice of delinquency. 3.5 If an Employee does not revoke his or her dues check-off authorization at the end of the year following the date of authorization, or at the end of the current contract, whichever is earlier, the Employee shall be deemed to have renewed his or her authorization for another year, or until the expiration of the next succeeding contract, whichever is earlier. 3.6 The Employer shall maintain accurate employee information and transmit dues, initiation fees, and all legal assessments deducted from Employees’ paychecks to the Union electronically via ACH or wire transfer utilizing the 32BJ self-service portal, unless the Union directs in writing that dues be remitted by means other than electronic transmittals. The transmission shall be accompanied with information for those employees inwhom the dues are transmitted, the amount of dues payment for each employee, the employee’s wage rate, the employee’s date of hire, the employee’s site or site change, whether the employee is part-time or full-time, the employee’s social security number, the employee’s address, and the employee’s classification. 5.5 3.7 The Union agrees to indemnify and hold the Company save such Employer harmless from and against any and all claims, demands, suits or other forms of liability that arise out of, or incurred by reason of, any action taken by the Company of deductions made pursuant to the provisions of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liabilityArticle 3.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be a condition of employment that all A. The University, for such employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain who are members of the Union, and who sign individual checkoff dues authorizations furnished by the (Union) for such purpose, shall deduct from the pay each month the Union or, dues and promptly remit the same to the Union. The current administrative charge for this service will be furnished by the Union. B. The Employer agrees to deduct Union dues to coincide with the pay period of any employee in the alternativebargaining unit upon receiving an approved written authorization, render provided by the Union Union, signed voluntarily by the employee. The Employer shall remit the same to the Union, along with a monthly sum equivalent to a percentage list of the initiation fees employee’s name and monthly dues based on the amount deducted. Upon receipt of proper authorization, the Union’s collective bargaining expenditures Employer will deduct union dues from the payroll check for the next pay period in relation which dues are normally deducted following the pay period in which the authorization was received from the employee. If the Employer has the ability to electronically transfer the funds collected, they shall transfer the funds to the Union’s total expendituresauthorized account. Such sum Additionally, the Employer agrees to electronically send a report to XXXX00@xxxx00.xxx, which shall be recognized as “Service Feeinclude the name and the amount of dues collected for each person within the bargaining unit. 5.2 It shall be a condition of employment C. The parties agree that all employees the Employer assumes no obligation, financial or otherwise, arising out of the Company covered by this agreement and hired on or after the effective date provisions of this agreement shall on or before Article regarding the sixtieth (60th) day following their entry into pay status, become and remain members in good standing deduction of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union hereby agrees that it will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company Employer harmless from and against any and all claims, demands, suits or other forms of liability that arise out ofactions, or proceedings by reason of, any action taken employee arising from deductions made by the Company Employer pursuant to the provisions of this Article. Once the funds are remitted to the Union, including their disposition thereafter shall be the reasonable costs sole exclusive obligation and responsibility of the Union. D. The Employer agrees to notify and provide the Union the name, email address, and classification of any defense made necessary new employee hired into a classification covered by any such disputethis bargaining agreement, claimsas soon as reasonably possible after the employee is hired. The Employer will allow time for the Union to meet with the new hire at the end of New Hire Orientation. It is the responsibility of the Union to notify the Employer of its intent to attend. E. By the 10th day of each month, suit or liabilitythe Employer agrees to electronically provide the Union with a list of all bargaining unit members and classifications at xxxx00@xxxx00.xxx. F. When the Union Notifies the University that an employee revokes their union authorization, the university will discontinue deducting union dues beginning on the next full pay periods after notification.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It 20.1 All present employees who are members of the Union shall be remain members of the Union as a condition of employment that all employment. 20.2 All seniority employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain members of the Union oras a condition of employment. 20.3 All employees upon completion of ninety (90) working days within a twelve (12) month period shall as a condition of employment, in authorize the alternativeCompany to check off Union dues as designated by the Local Union. 20.4 The Company agrees to deduct each pay period, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of Union dues and assessments as designated by the Union’s collective bargaining expenditures Local Union from every seniority employee in relation the Bargaining Unit, who has become a Union member pursuant to 20.1 or 20.2 and all employees subject to check-off under 20.3. Union initiation fees will be deducted upon attaining seniority on the employee's first regular pay day. The total sum of the amounts so deducted together with a record of those from whom deductions were made and of those from whom deductions were not made, the reason of absence (sickness, lay-off, leave of absence, or vacation) shall be forwarded to the Union’s total expendituresFinancial Secretary of the Local Union by the first (1st) of the month following the end of the month in which the deductions were made. The remittance shall be by cheque. 20.5 The Company also agrees to deduct the annual Skilled Trades Council dues during the month of January each year from employees in Skilled Trades Classifications upon submission of authorization by such employees to the Company. Such sum shall dues will be recognized as “Service Fee.” 5.2 It shall be remitted to the Financial Secretary, UNIFOR Local 580 together with a condition listing of employment that all employees from whom deductions have been made. 20.6 In consideration of the Company covered deducting and forwarding of Union dues by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such noticeCompany, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold save the Company harmless from and against any and all claims, demands, suits claim or other forms liability arising out of liability that arise out of, or by reason of, any action taken by resulting from the Company pursuant to the provisions operation of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liability.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It 2.01 All present employees who are members of the Union, and those who subsequently choose to become members of the Union, shall be maintain such membership in good standing as a condition of continued employment that all employees of during the Company covered by this Agreement shall within thirty (30) days of the effective date term of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee. 5.2 It shall be a condition of employment that all 2.02 All future employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, must become and remain members in good standing of the Union oras a condition of employment during the term of this Agreement. 2.03 All employees covered by the terms of this Agreement shall, in as a condition of employment, pay monthly Union dues or the alternative, render to the equivalent of monthly Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared established by the Union in accordance with its Constitution and By−Laws, and such Union dues shall be paid through monthly check−off deductions as outlined below. 2.04 The Employer agrees to be delinquent might violate Federal or State statute or subject deduct in equal amounts from each pay received in the Company calendar month of each employee who is covered under the terms of this Agreement, the monthly Union dues as established by the Union from time to a charge of discrimination for violation time. The responsible officer of the rights Union shall notify the Employer in writing of such employeethe appropriate amounts of the foregoing, and any changes thereto, as they become effective. New employees shall have deductions made on the first regular deduction date following completion of thirty (30) calendar days of employment. Notwithstanding this provision, it is agreed that term certains/temporary employees shall so notify commence deductions for union dues following the Unioncompletion of ninety (90) calendar days of employment. 2.05 The Union dues shall be deducted in equal amounts from each pay received in the calendar month and shall be remitted along with an alphabetical listing of all employees from whom such deductions were made, to the financial secretary of the Union before the twenty−fifth (25th) day of the month following the month in which such deductions were made. In such eventThe Employer also agrees to deduct and remit an amount equal to the union initiation fee from each new employee following completion of thirty (30) calendar days of employment. Notwithstanding this provision, it is agreed that term certains/temporary employees shall not be required to discharge said employee until commence deductions for initiation fee following the propriety completion of such discharge has been determined pursuant to the grievance and arbitration procedureninety (90) calendar days of employment. 5.4 2.06 It is agreed that upon commencement of employment new employees shall be advised by a representative of the Company shall deduct from Employer of the wages and make payable to the Union the initiation fees and current monthly dues existence of the Union for those employees inand of the conditions surrounding their employment, as contained in this Collective Agreement, and any rules that may be formulated under its terms. 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability 2.07 Both parties agree that arise out of, or by reason of, any action taken by the Company pursuant they are subject to the provisions terms of this Articlethe Hospital Labour Disputes Arbitration Act. 2.08 As part of the Employer’s Orientation program, including the reasonable costs Unit Chairperson or her designate of the Union will be notified in writing whenever a new employee is hired and invited to introduce herself and explain any defense made necessary by matter of interest to any such dispute, claims, suit new employee or liability.employees. This meeting shall be restricted to a maximum of twenty (20) minutes

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be a condition of employment that all employees of 6.01 During the Company covered by this Agreement shall within thirty (30) days of the effective date lifetime of this Agreement, become the Employer shall deduct from the wages due and remain payable to each employee in a classification covered by this Agreement, including probationary employees on commencement of employment, in each calendar month, the amount of the regular monthly dues payable by all members of the Union or, in as certified by the alternative, render Secretary-Treasurer no later than the Union a monthly sum equivalent to a percentage 15th day of the initiation fees month following the month of such deductions and monthly dues based on the amount accompanied by a list of the Union’s collective bargaining expenditures in relation names of all the employees on behalf of whom such deductions have been made. The deductions including the list of names, classifications and hours worked by the Employees from whose wages the deductions have been made will be forwarded to the Union’s total expendituresNational Secretary-Treasurer of CUPE, 0000 Xx. Such Xxxxxxx Xxxxxxxxx, Xxxxxx, XX, X0X 0X0, and to the Treasurer of Local 1636, not later than the 15th day of the month following the deductions. The said sum shall be recognized accepted by the Union as “Service Fee.” 5.2 It the regular monthly dues of those employees who are or shall become members of the Union shall be treated as their contribution towards the expenses of maintaining the Union. 6.02 All employees in the Bargaining Unit who are hired after November 20, 1973, shall, as a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay statuscontinuing employment, become and remain members in good standing of the Union or, in after the alternative, render to the Union a monthly sum equivalent to a percentage completion of the initiation fees and monthly dues, based on the amount probationary period set forth in Article 11 of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Feethis Agreement. 5.3 6.03 The Union will provide written notice to agrees and shall indemnify and save the employee Employer harmless from any liability and action that he has failed to comply with his obligations under this Article. If may arise out of deduction made from the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge pay of any employee declared by pursuant to this article. 6.04 The Employer shall personally notify an employee as soon as possible that his/her wages have been garnished as a result of an order from the Union court. 6.05 The University will endeavour to post on the bulletin board in the Security Office job vacancies which it considers to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant interest to the grievance and arbitration proceduremembers of Local 1636. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liability.

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It 4.01 Union dues, including initiation fees and assessments where applicable, shall be a condition of employment that all employees of deducted by the Company on a weekly basis from the wages of each employee covered by this Agreement Agreement. The amount of dues shall within thirty (30) days of be calculated in accordance with the effective date of this AgreementUnion’s Constitution. 4.02 All dues, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum assessments shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render remitted to the Union a monthly sum equivalent to a percentage forthwith and in any event no later than 15 days following the last day of the initiation fees and monthly dues, based on month in which the amount remittance was deducted. The remittance shall be sent to the International Secretary Treasurer of the Union’s collective bargaining expenditures United Steelworkers, AFL-CIO- CLC, P.O. Box 13083 Postal Station “A”, Xxxxxxx, Xxxxxxx X0X 0X0 in relation to the Union’s total expenditures. Such sums such form as shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared directed by the Union to be delinquent might violate Federal or State statute or subject the Company to along with a charge of discrimination for violation completed Dues Remittance Form R-115. A copy of the rights of such employee, it shall so notify the Union. In such event, it shall not Dues Remittance Form R-115 will also be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable sent to the Union office designated by the initiation fees Area Coordinator. 4.03 The remittance and current monthly dues the R-115 form shall be accompanied by a statement containing the following information: (a) A list of the name of all employees from whom dues were deducted and the amount of dues deducted; (b) A list of the names of all employees from whom no deductions have been made and reasons; (c) This information shall be sent to both Union for those employees inaddresses identified in Article 4.02 in such form as shall be directed by the Union to the Company. 5.5 4.04 The Union agrees to shall indemnify and hold save the Company harmless from and against any and all claims, demands, suits claims or other forms of liability that may arise out of, or by reason of, of any action actions taken by the Company pursuant in compliance with this Article. 4.05 The Company, when preparing T-4 slips for the employees, will enter the amount of Union dues paid by the employee during the previous year. 4.06 The Company will deduct from the wages of each employee covered by this Agreement, $0.01 per hour for each hour worked up to a maximum of $20.00 per employee per year. These monies collected will be remitted quarterly by cheque to the provisions of this ArticleHumanity Fund, including the reasonable costs of any defense made necessary by any such disputec/o United Steelworkers, claims000 Xxxxxxxx Xxx. Xxxx, suit or liabilityXxxxxxx, Xxxxxxx, X0X 0X0.

Appears in 1 contract

Samples: Collective Labour Agreement

UNION SECURITY AND CHECK-OFF. 5.1 A. It shall be a condition of employment that all employees of the Company adjunct faculty members covered by this Agreement who are members of the Union in good standing as of its effective or execution date, whichever is later, shall within thirty (30) days remain members in good standing, and those who are not members in good standing as of the effective execution date of this Agreement, become and remain members of the Union orwhichever is later, in the alternativeshall, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth thirtieth (60th30th) calendar day following their entry into pay statusthe later of the effective or execution date, become and remain members in good standing of the Union orUnion, or in lieu of union membership, to pay an agency fee, as determined by the alternativeUnion. B. It also shall be a condition of employment that all adjunct faculty members covered by this Agreement who are hired on or after its effective or execution date, render to which is later, shall, on or after the Union a monthly sum equivalent to a percentage thirtieth (30th) work day following the beginning of the initiation fees and monthly duessuch employment, based on the amount either become or remain members in good standing of the Union’s collective bargaining expenditures in relation to , or pay an agency fee as determined by the Union’s total expenditures. Such sums A newly hired part-time faculty member shall authorize the automatic agency fee deduction as part of the on-boarding process. C. Payment of Union dues and/or fees may be re cognized as “Service Fee.” 5.3 The Union will provide written notice to made via the employee that he has failed to comply with his obligations under check-off procedure provided by this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company College shall assume no financial or other obligation arising out of the provisions of this Article except as specifically provided in this Article, and the Union hereby agrees that it shall indemnify and hold the College harmless from any claims, actions, or proceedings by an adjunct faculty member arising from deductions made by the College hereunder or from the enforcement of this Article. D. The College further agrees to deduct voluntary contributions made by employees to the SEIU Local 500 Committee on Political Education (COPE) and to remit said contributions to the Union at the same time as Union dues and agency fees are remitted. Said contributions are strictly voluntary and can be in any amount as determined by the employee. E. Each payday, the College shall deduct from an adjunct faculty member’s wages a sum of dues and/or fees owed to the Union and authorized under federal labor law, provided that the adjunct faculty member has furnished the College with a written assignment executed in accordance with law. The Union will provide to the College a suitable form for automatic deduction of agency fee upon hire or the authorization of a payroll deduction for union membership, and, as to new adjunct faculty, the College will include the agency fee authorization in his/her initial employment packet. Employment shall not commence until the agency fee deduction is authorized. Authorizations may be in electronic form or via voice authorization provided, however, that any such authorization be confirmed in writing (including by email), and that the College is provided with written confirmation of such authorization. F. The Union shall be ultimately responsible for obtaining executed written assignments from bargaining unit members. However, the College shall cooperate with the Union in seeking compliance with this provision by notifying covered adjunct faculty at their time of hire of the existence of this Agreement and by providing them with Union membership and pay deduction materials supplied by the Union, as part of their new hire paperwork. Adjunct faculty must choose a union status in order for the hiring process to be completed. Materials voluntarily completed by the adjunct faculty member and returned to the College shall be promptly remitted to the Union. The College shall remit the dues and/or fees to the Union or its duly authorized representatives not later than ten (10) working days after each payday. In the event that no earnings or wages are due on the payday of any month, the College shall deduct from the first wages due thereafter, the dues and/or fees so owed and make payable remit the same to the Union within two (2) weeks from the initiation fees and current monthly dues time such deductions are made. Following receipt of any check-off revocation, the College shall notify the Union, in writing, of the revocation. Should the College fail to make the above deduction notwithstanding its receipt of a valid written authorization, the College shall be liable to the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms amount thereof within forty-eight (48) hours after receipt of liability that arise out of, or by reason of, any action taken written notice by the Company pursuant Union of the amount due. This shall not constitute a waiver of the right of the College to collect or recover the provisions of this Article, including monies directly from the reasonable costs of any defense made necessary by any such dispute, claims, suit or liabilityadjunct faculty member.

Appears in 1 contract

Samples: Tentative Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be a condition of employment that all employees of the Company associates covered by this Agreement shall within thirty (30) days who are still members of the effective date of this AgreementUnion on December 1, 1981 shall remain members in good standing; all new associates hired on or after December 1, 1981 shall become and remain members of the Union or, in good standing on the alternative, render the Union a monthly sum equivalent to a percentage completion of the initiation fees and monthly dues based on the amount first ninety (90) days of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Feeemployment. 5.2 It 5.1 Effective March 1, 1982, it shall be a condition of employment that all employees of the Company associates covered by this agreement Agreement and hired on who are not or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, do not become and remain members in good standing of the Union orshall pay an agency fee to the bargaining agent in an amount equivalent to the uniform weekly Union dues. No associate shall be discharged under this article unless the associate (1) receives written notice from the Union as to their failure to become a member or the amount of delinquent dues/agency fees they owe to the Union, in as the alternativecase may be, render and that their discharge will be demanded by the Union if they do not become a member or if such dues/agency fees are not paid within two (2) working days thereafter, as the case may be, and (2) promptly after such demand for the discharge is made they receive written notice from the Company that they will be discharged for failure to join the Union or for failure to pay delinquent dues/agency fees, unless they are paid within two (2) working days thereafter, or unless the associate shows that they are not required to join the Union or does not owe such dues/agency fees, and (3) fails to make such showing or to join the Union or pay the dues/agency fees within the said two (2) working days. 5.2 The Company will deduct and pay to the Union the regular amount of Union membership dues established by the Union Constitution or By-Laws, or its equivalent in agency fees, from the pay on a monthly sum equivalent weekly basis for each associate within the bargaining unit who voluntarily authorizes and directs the Company to make such deductions. In the case of a percentage of new associate employed in the bargaining unit after December 1, 1981, the Company will, if authorized to do so by the said associate, deduct from their first pay following said authorization the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation fee payable to the Union’s total expenditures. Such sums Each such authorization shall be re cognized in writing in the form prescribed in Appendix C attached hereto and shall be governed by the provisions thereof. The Company will make payment to the financial officer of Local 155 of moneys collected on a monthly basis and will provide the Union with a monthly reconciliation. The written dues/agency fees and initiation fee deduction authorization shall be in the form as “Service Feeset forth in Appendix C attached hereto. 5.3 The Union agrees that it will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold save the Company harmless from and against any and all liabilities, claims, demandsresponsibilities, damages, or suits or other forms of liability that which may arise out of, or by reason of, of any action taken by the Company pursuant to in accordance with the provisions terms of this Article, including Article or in reliance upon the reasonable costs authorization mentioned herein. 5.4 There shall be no solicitation of any defense made necessary by any such dispute, claims, suit associates for Union membership or liabilitydues conducted upon the premises of the Company during their working time or in working areas.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be 5:01 Every member of the bargaining unit will become a member of the Union and remain a member in good standing as a condition of employment that all employment. All new employees hired as of the Company covered by date of signing of this Agreement shall within thirty (30) days of the effective date of this Agreementshall, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of employment, become Union members from the Company covered by this agreement and hired on or after the effective first date of this agreement shall on or before the sixtieth (60th) day following their entry into pay statushire and shall, become and as a condition of employment, remain Union members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedurestanding. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant 5:02 Subject to the provisions of this Article, including the reasonable costs Employer will deduct an amount equal to the bi-weekly membership dues from the bi-weekly pay of all employees in the bargaining unit as a condition of employment. Where an employee does not have sufficient earnings in respect of any defense bi-weekly period to permit deductions made necessary under this Article, the Employer shall not be obligated to make such deduction from subsequent pay periods of the employee. For the purpose of applying this clause, deductions from pay for each employee in respect of each pay period will commence with the first full bi-weekly period of employment following the execution of this Agreement. 5:03 The Union shall inform the Employer in writing as to the method of calculating Union dues for all bargaining unit employees pursuant to Clause 5:02 and the Employer shall not be held liable for the application of any method of calculation or amendment to such method without first being advised in writing. If there is a change to the method of calculating Union dues, the Local Union will give the Employer at least 60 days written notice. 5:04 The amount(s) deducted in accordance with Clause 5:02 shall be remitted to the Financial Secretary of the Local by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deduction(s) made on their behalf respectively. 5:05 The Union agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article, except for any claim or liability arising out of an error committed by the Employer which shall, in any case, be limited to the amount actually involved in the error. 5:06 Only the certified bargaining agent shall be permitted to require union membership dues and/or other union assessments deducted by the Employer from the pay of employees in the bargaining unit. 5:07 The Employer agrees to make deductions for Union initiation fees, insurance premiums and assessments (excluding fines or penalties) upon the production of appropriate documentation from the Union. 5:08 There shall be no discrimination, interference, coercion or intimidation in employment by reason of union membership or participation in the lawful activities of the Union. An allegation of such disputediscrimination is subject to the Grievance Procedure. 5:09 The amount of the union dues shall be governed by the Constitution of the National Union and a ten (10) dollar initiation fee for new employees as per the UNIFOR Local 2002 Bylaw. Initiation fees are subject to change according to the Union Local 2002 by-laws. 5:10 The Employer agrees to include on the employee’s T4 slips, claimsfor income tax purposes, suit or liabilitythe total union dues paid for the year. 5:11 The Company agrees to deduct the Unifor Skilled Trades Council dues as may be adopted by the Unifor National Skilled Trades Council, ½ hour per year from those employees who are deemed by the Employer as a skilled tradesperson, as recognized in Article 50. The first such deduction will be made from the employee’s first pay following completion of their probationary period. Thereafter, deductions will be made in the third week of January of each succeeding calendar year. These deductions, along with the names of the employees, shall be remitted to the Financial Secretary of the Local Union, who will forward the dues to the Toronto Area Skilled Trades Council.

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 Section 1 It shall be a condition of employment that all employees of the Company Board covered by this Agreement shall within thirty (30) days Agreement, who are members of the Union in good standing on the effective date of this Agreement, become and shall remain members of the Union orin good standing, or in the alternative, render elect to pay the Union a monthly sum equivalent agency shop fees. It is further understood and agreed by and between the parties to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment this Agreement that all employees of the Company Board covered by this agreement and hired Agreement who are not members of the Union in good standing on the effective date of this Agreement shall, within thirty (30) days, become members in good standing, or agree to contribute an amount equal to the monthly dues to the Union for purposes of recognizing the Union as their agent. For those employees who are employed after the effective date of this agreement Agreement, it is understood and agreed by and between the parties that said employees when hired shall either become members of the Union in good standing, or in the alternative, elect to contribute an amount equal to the monthly dues to the Union for purposes of recognizing the Union as their agent. Section 2 The Union agrees that it will make membership in the Union available to all employees covered by this Agreement on the same terms and conditions as are generally applicable to other members of the Union. Section 3 In the event the Union refuses to accept any person so hired as a member, said person may continue in employment. Section 4 It shall be the responsibility of the Union to notify and request the Board to terminate any employee for failure to comply with the provisions of this Article. Section 5 For those employees who properly execute payroll deduction authorization cards, the provisions of which must conform to the legal requirements of such authorization cards, the Board agrees to deduct from their first (1st) paycheck each month the regular monthly Union dues, or a like amount certified to the Board by the Union, and remit the same to the Union on or before the sixtieth fifteenth (60th15th) day of each month following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedurewhich deductions were made. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 Section 6 The Union agrees to indemnify and hold save the Company Board, including each individual school board member, and all administrators and supervisors, harmless from and against any and all claims, demands, costs, suits or other forms of liability liability, including back pay and all court or administrative agency costs that may arise out of, of or by reason of, any of action taken by the Company pursuant to Board for the provisions purpose of complying with this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liabilityAgreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 A. It shall be a condition of employment that all employees of the Company Board covered by this Agreement shall within thirty Agreement: 1. Become members of the Union on or before the thirty-first (3031st) days of day following the effective date of this Agreement, become and remain members on or before the thirty-first (31st) day following the beginning of their employment with the Board; or 2. Execute an authorization for the deduction of a service fee equivalent to the dues of the Union or, in or before the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after thirty-first (31st) day following the effective date of this agreement shall Agreement, or on or before the sixtieth thirty-first (60th31st) day following the beginning of their entry into pay status, become and remain members in good standing of employment with the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedureBoard. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 B. The Union agrees that it will treat all employees in the same manner with respect to indemnify and hold the Company harmless from and against provisions contained within Section A of this Article. C. In the event that the Union refuses to accept any and all claims, demands, suits or other forms of liability that arise out of, or by reason of, any action taken employee hired by the Company pursuant Board as a member, said employee may continue employment for the School District. D. Either party to this Agreement shall have the right to reopen negotiations pertaining to the provisions of this ArticleArticle if provisions of this Article are deemed illegal under applicable laws by sending written notification to the other party thirty (30) days from the date of such legal determination. E. The Board shall have no responsibility for the collection of initiation fees, including the reasonable costs membership dues and special assessments of any defense other deductions not in accordance with this provision. F. A properly executed authorization form for check-off of dues or initiation fees must be received by the Board from the employee for whom the Union membership dues is being deducted before any payroll deductions are made. Deductions shall be made necessary thereafter only after authorization for check-off forms have been properly executed and are in effect. G. Check-off under all properly executed forms shall become effective at the time the application is tendered to the Board or its designated representative and shall be deducted in equal amounts from the first two (2) pay periods of the month and each month thereafter throughout the term of this Agreement. H. Such dues, service fees and initiation fees as deducted shall be forwarded to the Union no later than the fifteenth (15th) day of the month following the month in which they were deducted. I. An employee shall cease to be subject to check-off deductions beginning the month immediately following the month in which he/she/she is no longer a member of the bargaining unit. Local 324 will be notified by the Board or its designated representative of the names of such employees. J. The Board shall not be liable to the Union by reason of the requirement of this Article for the remittance or payment of any such dispute, claims, suit or liabilitysum other than that constituting the actual deductions made from wages by employees.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be a condition of employment that all employees of the Company Employer covered by this Agreement who are members of the Union in good standing on the execution or effective date of this Agreement, whichever is later, shall within remain members in good standing for the term of this Agreement. Those who are not members in good standing on the execution or effective date of this Agreement, whichever is later, shall on the thirtieth (30th) day following the execution or effective date of this Agreement, whichever is later, become and remain members in good standing in the Union for the term of this Agreement. It shall also be a condition of employment that all employees covered by this Agreement who are hired on or after its execution or effective date, whichever is later, shall, after thirty (30) days from the beginning of such employment and for the effective date term of this Agreement, become and remain members in good standing in the Union. The requirement of membership in good standing under this Article is satisfied by the payment of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees uniform dues and monthly dues based on the amount of assessments required by the Union’s collective bargaining expenditures in relation to the Union’s total expenditures, as may be permitted and/or limited by applicable law. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that In addition, for all employees of the Company covered by this agreement and hired on or after the effective ratification date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such noticeAgreement, the Union will request may require an initiation fee (in an amount to be determined by the Company Union). Said initiation fee shall be deducted from each employee’s pay in increments of $25 per week until fully satisfied, unless the employee authorizes the Union and the Employer to terminate deduct a greater amount. The Employer shall, within forty eight after thirty (4830) hoursdays of hiring of an employee under this Agreement, notify the Union in writing of the employment of such employee covered by this Agreement giving the employee’s name, address, date of hire and position. If the Company believes that the discharge of any employee declared by Upon notice from the Union to be the Employer that any employee is delinquent might violate Federal in payment of, or State statute or subject has failed to tender the Company to initiation fee and periodic dues uniformly required as a charge condition of discrimination acquiring and/or retaining membership in good standing, and further provided that such condition has remained in effect uncured for violation no less than thirty (30) calendar days from the time that the employee is first notified of the rights of such employee, it shall so notify deficiency or lateness by the Union, the Employer shall immediately discharge such employee and advise the Union thereof in writing by Certified Mail, Return Receipt Requested, of its action taken. In such eventThe Union confirms the contractual obligation that all employees must tender dues after 30 days employment. (Edits from Multiple Issue Settlement Agreement Term Sheet dated November 30, it shall not be required 2011). The Employer agrees to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct monthly, from the wages first week’s earnings of the employees, the periodic dues, assessments, initiation fees, and make payable fines due the Union, upon receiving the written authorization of the employee in compliance with all requirements of law, and to transmit such sums collected by the Employer to the Union no later than the initiation fees and current monthly dues fourteenth (14th) day of the month following the month in which such sums are collected. The Employer shall furnish the Union for with a record of those employees infrom whom deductions have been made and the amount of such deductions at the time of transmitting such sums as has been collected. 5.5 3.1 The Union agrees to shall indemnify and hold harmless the Company harmless from and Employer against any and or all claimssuits, demands, suits claims or other forms of liability obligations that may arise out of, or by reason of, any action taken by of the Company pursuant to application of the provisions of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liability.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It 2.01 All present employees who are members of the Union, and those who subsequently choose to become members of the Union, shall be maintain such membership in good standing as a condition of continued employment that all employees of during the Company covered by this Agreement shall within thirty (30) days of the effective date term of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee. 5.2 It shall be a condition of employment that all 2.02 All future employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, must become and remain members in good standing of the Union oras a condition of employment during the term of this Agreement. 2.03 All employees covered by the terms of this Agreement shall, in as a condition of employment, pay monthly Union dues or the alternative, render to the equivalent of monthly Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared established by the Union in accordance with its Constitution and By-Laws, and such Union dues shall be paid through monthly check-off deductions as outlined below. 2.04 The Employer agrees to be delinquent might violate Federal or State statute or subject deduct in equal amounts from each pay received in the Company calendar month of each employee who is covered under the terms of this Agreement, the monthly Union dues as established by the Union from time to a charge of discrimination for violation time. The responsible officer of the rights Union shall notify the Employer in writing of such employeethe appropriate amounts of the foregoing, and any changes thereto, as they become effective. New employees shall have deductions made on the first regular deduction date following completion of thirty (30) calendar days of employment. Notwithstanding this provision, it is agreed that term certain/temporary employees shall so notify commence deductions for union dues following completion of ninety (90) calendar days of employment. 2.05 The Union dues shall be deducted in equal amounts from each pay received in the Unioncalendar month and shall be remitted along with an alphabetical listing of all employees from whom such deductions were made, to the financial secretary of the Union before the twenty-fifth (25th) day of the month following the month in which such deductions were made. In such eventThe Employer also agrees to deduct and remit an amount equal to the union initiation fee from each new employee following completion of thirty (30) calendar days of employment. Notwithstanding this provision, it is agreed that term certains/temporary employees shall not be required to discharge said employee until commence deductions for initiation fee following the propriety completion of such discharge has been determined pursuant to the grievance and arbitration procedureninety (90) calendar days of employment. 5.4 2.06 It is agreed that upon commencement of employment new employees shall be advised by a representative of the Company shall deduct from Employer of the wages and make payable to the Union the initiation fees and current monthly dues existence of the Union for those employees inand of the conditions surrounding their employment, as contained in this Collective Agreement, and any rules that may be formulated under its terms. 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability 2.07 Both parties agree that arise out of, or by reason of, any action taken by the Company pursuant they are subject to the provisions terms of this Articlethe Hospital Labour Disputes Arbitration Act. 2.08 As part of the Employer’s Orientation program, including the reasonable costs Unit Chairperson or her designate of the Union will be notified in writing whenever a new employee is hired and invited to introduce herself and explain any defense made necessary by matter of interest to any such dispute, claims, suit new employee or liabilityemployees. This meeting shall be restricted to a maximum of twenty (20) minutes.

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 Section 1. It shall be a condition of employment that all employees of the Company Adjunct Faculty members covered by this Agreement who are members of the Union in good standing as of its effective or execution date, whichever is later, shall within thirty (30) days remain members in good standing, and those who are not members in good standing as of the effective or execution date of this Agreement, become and remain members whichever is later, shall, on or after the thirtieth (30th) calendar day following the later of the Union effective or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures Section 2. Such sum shall be recognized as “Service Fee.” 5.2 It also shall be a condition of employment that all employees of the Company Adjunct Faculty members covered by this agreement and Agreement who are hired on or after the its effective date of this agreement shall or execution date, whichever is later, shall, on or before after the sixtieth thirtieth (60th30th) work day following their entry into pay status, the beginning of such employment either become and remain members in good standing of the Union oror pay an agency fee as determined by the Union. Section 3. The Union may request that an Adjunct Faculty member, in who fails to join the alternativeUnion, render maintain Union membership, or pay a representation fee, shall be dismissed. If the Union makes such a request, the Employer shall comply. Prior to any dismissal, the Adjunct Faculty member shall be offered an opportunity within twenty (20) calendar days, following the written notification from the Union to the Union a monthly sum equivalent Employer requesting discharge, to a percentage of pay the initiation fees and monthly required dues, based on initiation fees, and/or representation fees that have not been tendered. Section 4. Payment of Union dues and/or fees may be made via the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under check-off procedure provided by this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company University shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits assume no financial or other forms obligation arising out of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this Article except as specifically provided in this Article. Section 5. The Union hereby agrees that it shall indemnify, including defend, and hold the reasonable costs of University harmless from any defense made necessary by any such dispute, claims, suit actions, or liabilityproceedings by an Adjunct Faculty member arising from deductions made by the University hereunder or from the enforcement of this Article. Section 6. The Employer further agrees to deduct voluntary contributions made by Adjunct Faculty to the SEIU Committee on Political Education (COPE) and to remit said contributions to the COPE at the same time Union dues and agency fees are remitted. Said contributions are strictly voluntary and can be in any amount as determined by the Adjunct Faculty member. Section 7. Each payday, the University shall deduct from an Adjunct Faculty member’s wages a sum of dues and/or fees owed the Union and authorized under the Federal Labor Law, provided the Adjunct Faculty member has furnished the University a written assignment executed in accordance with law. The Union will provide to the University a suitable form for the authorization of this payroll deduction, and, as to new Adjunct Faculty, the University will include that form in his/her initial employment packet. Section 8. The Union shall be ultimately responsible for obtaining executed written assignments for such payroll deductions from existing Adjunct Faculty. However, the University shall cooperate with the Union in seeking compliance with this provision by notifying covered Adjunct Faculty at their time of hire of the existence of this Agreement and by providing them with Union membership and pay deduction materials supplied by the Union. Materials voluntarily completed by the Adjunct Faculty member and returned to the University shall be promptly remitted to the Union. On or about the 15th of the month following the deductions, monies so deducted by the University shall be transmitted by mail or electronically to the Union Treasurer or other Union designee. Such deductions shall continue until either the Adjunct Faculty member is not on the payroll of the University or instruction to cease payroll deductions is given in writing by the Adjunct Faculty member to the University Office of Human Resources. Section 9. The University shall send to the Union via transmission method determined by the Union to an electronic or physical address identified by the Union in writing the following information for each Adjunct Faculty member whether or not deduction is made, at the same time as the University remits all deductions for union dues or representation fees, Union initiation fees and Union assessments made from the wages of Adjunct Faculty for the preceding month,: a. Job classification; b. Department; c. Rate of pay and earnings that the dues or representation fee deduction is based on; d. Month the deduction is based on; e. Name; f. Union initiation fees listed separately; g. Union assessments listed separately; and, h. If applicable, a reason Union dues are not deducted.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 A. It shall be a condition of employment that all employees of the Company adjunct faculty members covered by this Agreement who are members of the Union in good standing as of its effective or execution date, whichever is later, shall within thirty (30) days remain members in good standing, and those who are not members in good standing as of the effective execution date of this Agreement, become and remain members of the Union orwhichever is later, in the alternativeshall, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth thirtieth (60th30th) calendar day following their entry into pay statusthe later of the effective or execution date, become and remain members in good standing of the Union orUnion, or in lieu of union membership, to pay an agency fee, as determined by the alternativeUnion. B. It also shall be a condition of employment that all adjunct faculty members covered by this Agreement who are hired on or after its effective or execution date, render to which is later, shall, on or after the Union a monthly sum equivalent to a percentage thirtieth (30th) work day following the beginning of the initiation fees and monthly duessuch employment, based on the amount either become or remain members in good standing of the Union’s collective bargaining expenditures in relation to , or pay an agency fee as determined by the Union’s total expenditures. Such sums A newly hired part-time faculty member shall authorize the automatic agency fee deduction as part of the on- boarding process. C. Payment of Union dues and/or fees may be re cognized as “Service Fee.” 5.3 The Union will provide written notice to made via the employee that he has failed to comply with his obligations under check-off procedure provided by this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company College shall assume no financial or other obligation arising out of the provisions of this Article except as specifically provided in this Article, and the Union hereby agrees that it shall indemnify and hold the College harmless from any claims, actions, or proceedings by an adjunct faculty member arising from deductions made by the College hereunder or from the enforcement of this Article. D. The College further agrees to deduct voluntary contributions made by employees to the SEIU Local 500 Committee on Political Education (COPE) and to remit said contributions to the Union at the same time as Union dues and agency fees are remitted. Said contributions are strictly voluntary and can be in any amount as determined by the employee. E. Each payday, the College shall deduct from an adjunct faculty member’s wages a sum of dues and/or fees owed to the Union and authorized under federal labor law, provided that the adjunct faculty member has furnished the College with a written assignment executed in accordance with law. The Union will provide to the College a suitable form for automatic deduction of agency fee upon hire or the authorization of a payroll deduction for union membership, and, as to new adjunct faculty, the College will include the agency fee authorization in his/her initial employment packet. Employment shall not commence until the agency fee deduction is authorized. Authorizations may be in electronic form or via voice authorization provided, however, that any such authorization be confirmed in writing (including by email), and that the College is provided with written confirmation of such authorization. F. The Union shall be ultimately responsible for obtaining executed written assignments from bargaining unit members. However, the College shall cooperate with the Union in seeking compliance with this provision by notifying covered adjunct faculty at their time of hire of the existence of this Agreement and by providing them with Union membership and pay deduction materials supplied by the Union, as part of their new hire paperwork. Adjunct faculty must choose a union status in order for the hiring process to be completed. Materials voluntarily completed by the adjunct faculty member and returned to the College shall be promptly remitted to the Union. The College shall remit the dues and/or fees to the Union or its duly authorized representatives not later than ten (10) working days after each payday. In the event that no earnings or wages are due on the payday of any month, the College shall deduct from the first wages due thereafter, the dues and/or fees so owed and make payable remit the same to the Union within two (2) weeks from the initiation fees and current monthly dues time such deductions are made. Following receipt of any check-off revocation, the College shall notify the Union, in writing, of the revocation. Should the College fail to make the above deduction notwithstanding its receipt of a valid written authorization, the College shall be liable to the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms amount thereof within forty-eight (48) hours after receipt of liability that arise out of, or by reason of, any action taken written notice by the Company pursuant Union of the amount due. This shall not constitute a waiver of the right of the College to collect or recover the provisions of this Article, including monies directly from the reasonable costs of any defense made necessary by any such dispute, claims, suit or liabilityadjunct faculty member.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be 4.01 The Society agrees that, for as long as this Agreement remains in force, it is a condition of employment that for all employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain Bargaining Unit Employees to be members of the Union or, in from the alternative, render first (1st) day of employment. 4.02 The Society agrees to deduct as Union dues an amount indicated by the Union a monthly sum equivalent to a percentage from each pay cheque of those Employees who are members of the initiation fees Bargaining Unit from the first day of employment and monthly dues based on onward, and the amount of the Union’s collective bargaining expenditures in relation so advised shall continue to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered deducted until it is changed by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide further written notice to the employee Society. The Society shall also deduct Union dues from any retroactive monies issued to such Employees. The Society agrees that he has failed it will remit the total amount of such deductions to comply with his obligations under this Articlethe Administrator of Operational Services, OPSEU Head Office: 000 Xxxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 by no later than the 15th day of the month following the month that the deductions were made. If The date of mailing shall be deemed to be the employee fails date of receipt. The remittance shall be accompanied by a list of names, in alphabetical order, addresses, home telephone numbers and social insurance numbers of those Employees for whom deductions have been made, and the amount of dues deducted from each Employee. Current status shall be noted on the check-off list. A copy of the completed list shall be forwarded to cure the payment delinquency within two weeks following such notice, Local Unit Xxxxxxx at the same time. 4.03 The Society agrees to include the annual total of dues deducted on each Employee’s T-4 slip. 4.04 The Union will request advise the Company to terminate Society in writing of the employment amount of such employeeits regular dues. If the Company believes that the discharge of any employee declared by the Union The amount so advised shall continue to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee deducted until the propriety of such discharge has been determined pursuant changes by further written notice is forwarded to the grievance and arbitration procedureSociety. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 4.05 The Union agrees to indemnify and hold save the Company Society harmless from and against any and all claims, demands, suits or other forms liability arising out of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions operation of this Article. 4.06 The Society agrees that, including should negotiations or arbitration result in retroactive payment of wage increases, it will deduct the reasonable costs amount of any defense made necessary dues required by any such dispute, claims, suit or liabilityArticle 4.02 of the Collective Agreement at the time the payment is made.

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It 2.01 All present employees who are members of the Union, and those who subsequently choose to become members of the Union, shall be maintain such membership in good standing as a condition of continued employment that all employees of during the Company covered by this Agreement shall within thirty (30) days of the effective date term of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee. 5.2 It shall be a condition of employment that all 2.02 All future employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, must become and remain members in good standing of the Union oras a condition of employment during the term of this Agreement. 2.03 All employees covered by the terms of this Agreement shall, in as a condition of employment, pay monthly Union dues or the alternative, render to the equivalent of monthly Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared established by the Union in accordance with its Constitution and By-Laws, and such Union dues shall be paid through monthly check-off deductions as outlined below. 2.04 The Employer agrees to be delinquent might violate Federal or State statute or subject deduct in equal amounts from each pay received in the Company calendar month of each employee who is covered under the terms of this Agreement, the monthly Union dues as established by the Union from time to a charge of discrimination for violation time. The responsible officer of the rights of such employee, it Union shall so notify the UnionEmployer in writing of the appropriate amounts of the foregoing, and any changes thereto, as they become effective. In It was further clarified that this does not compromise the situation where term certains do not pay Union dues until after six months. 2.05 The Union dues shall be deducted in equal amounts from each pay received in the calendar month and shall be remitted along with an alphabetical listing of all employees from whom such eventdeductions were made, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance financial secretary of the Union before the twenty-fifth (25th) day of the month following the month in which such deductions were made. The Em ployer also agrees to deduct and arbitration procedureremit an amount equal to the union initiation fee from each new employee – upon the successful completion of their probationary period. 5.4 2.06 It is agreed that upon commencement of employment new employees shall be advised by a representative of the Company shall deduct from Employer of the wages and make payable to the Union the initiation fees and current monthly dues existence of the Union for those employees inand of the conditions surrounding their employment, as contained in this Collective Agreement, and any rules that may be formulated under its terms. 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability 2.07 Both parties agree that arise out of, or by reason of, any action taken by the Company pursuant they are subject to the provisions terms of this Articlethe Hospital Labour Disputes Arbitration Act. 2.08 As part of the Employer’s Orientation program, including the reasonable costs Chairperson or her delegate of the Union will be notified in writing whenever a new employee is hired and invited to introduce herself and explain any defense made necessary by matter of interest to any such dispute, claims, suit new employee or liabilityemployees. This meeting shall be restricted to a maximum of fifteen (15) minutes.

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 5.01 Neither the Employer nor the Local will discriminate against any Employee because of her membership or non- membership in the Union. It shall be is recognized that membership in the Union is a voluntary act on the part of each Employee in the bargaining unit. 5.02 As a condition of employment that all employees employment, or continued employment, of its Employees in the bargaining unit, the Employer agrees to deduct from the wages of each Employee, union dues in an amount equivalent to the regular monthly dues duly authorized by the constitution of the Company covered by this Agreement Union for union dues, and to remit the amount so deducted from the Employee’s earnings, together with a list of such Employees and shall be forwarded to the National Secretary Treasurer of the Canadian Union of Public Employees with a copy forwarded to the Treasurer of the Local. Such deduction will be remitted within thirty fifteen (3015) days of the effective date payment of wages each month. 5.03 This compulsory check-off of dues shall continue during the lifetime of this Agreement or any renewal thereof, and shall be continued throughout any period during which the parties are engaged in negotiations with a view to making a new Agreement, become and remain members of it shall apply to all Employees in the bargaining unit. 5.04 The Union orshall keep the Employer advised, in the alternativewriting, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on any changes in the amount of its monthly dues. (a) The Employer agrees, at the Uniontime of hiring, to acquaint the new Employee with the fact that a Collective Agreement is in effect and to provide her with a copy of the Collective Agreement and a list of all council members. (b) The Employer shall provide the new Employee with an Orientation Kit for New Employees. The Employer agrees to provide the Local with a copy of such kit and to notify the Local of any changes made therein. (a) The Employer agrees to notify the Local of the name of each Employee who has satisfactorily completed the probationary period. (b) A Union Xxxxxxx shall have the right to meet the Employee, with the Supervisor’s collective knowledge and at mutual convenience, for one hour during work time, within one month from the date of hiring. 5.07 The Employer agrees to inform the Local of all appointments, demotions, hires, lay-offs, transfers, recalls, job shares, secondments, leaves, resignations, retires, deaths, or other changes or terminations of employment relating to bargaining expenditures unit members. 5.08 Errors in relation to the Union’s total expenditures. Such sum collection of union dues shall be recognized as “Service Feesplit between the Association and the Local equally.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liability.

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 2.1 It shall be a condition of employment that all employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing the Union on the 31st day following the date this Article applies to their work-site or their employment, whichever is later. The requirement of membership under this section is satisfied by the payment of the financial obligations of the Union’s initiation fee and periodic dues uniformly imposed. 2.2 Upon receipt by the Employer of a letter from the Union requesting an employee’s discharge because he or she has not met the requirements of this Article, unless the Employer questions the propriety of doing so, he or she shall be discharged within 15 days of the letter if prior thereto he or she does not take proper steps to meet the requirements. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to the Arbitrator. If the Arbitrator determines that the employee has not complied with the requirements of this Article, the employee shall be discharged within 10 days after written notice of the determination has been given to the Employer. 2.3 The Employer shall be responsible for all revenue lost by the Union by reason of any failure to discharge an employee who is not a member of the Union orif the Union has so requested in writing. 2.4 The Employer agrees to deduct each pay period the appropriate amount of dues initiation fees, agency fees and Committee On Political Education “COPE” contributions from the wages of an employee, when authorized by the employee in writing in accordance with applicable law. The Union will furnish to the alternativeEmployer the necessary authorization forms. At the time of hire the Employer shall give to the new employees a packet, render provided by the Union, containing a Union membership application form, and a check-off authorization form. The Employer will send to the Union offices those forms (or portions thereof) that the employee chooses to fill out and return to the Employer. 2.5 An employee may revoke this authorization by sending written notice to the Employer and to the Union during a monthly sum equivalent period often (10) days starting one (1) year from the date of this authorization or subsequent to a percentage the date of termination of the initiation fees Union’s contract with the Employer, whichever occurs sooner. This authorization shall be automatically renewed from year to year, even if an employee resigns union membership, unless revoked as herein provided. 2.6 The Employer shall maintain accurate employee information and monthly transmit dues, based on initiation fees, COPE contributions and all other legal assessments deducted from employees’ paychecks to the Union electronically, unless the Union directs in writing that funds be remitted by means other than electronic transmittals. The transmission shall be accompanied with information for whom the funds are transmitted, the amount of the Unionpayment(s) for each employee, the employee’s collective bargaining expenditures in relation wage rate, the employee’s date of hire, the employee’s site or site change, whether the employee is part-time or full- time, the employee’s social security number, the employee’s address, the employee’s phone number, and the employee’s classification. The Union shall offer training to the UnionEmployer concerning electronic transmissions. 2.7 By the 25th day of each month, the Union shall receive an electronic list of all current Employees covered by this Agreement, which shall include each: • Employee’s total expenditures. Such sums shall be re cognized as “Service Feefull name, • Home address, • Home phone number and cell phone numbers (if provided to Employer), • Work e-mail addresses and personal e-mail addresses (if provided to Employer), • Job title, • Employee identification number, • Hourly rate of pay, • Hire date, and • Seniority date. 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. 2.8 If the employee fails to cure the payment delinquency within two weeks following such noticeUnion does not receive or believes any required list is incorrect or incomplete, the Union will request give notice to the Company Employer within seven (7) days. The Employer shall provide an updated list within seven (7) days. The Union and Employer agree to terminate work together in good faith to resolve any remaining discrepancy. 2.9 If the employment Union does not receive dues or fees on behalf of any employee or believes the amount of such employeedues or fees remitted is incorrect, the Union will give notice to the Employer within seven (7) days. If the Company believes Union and the Employer agree that Employer has made a clerical error in the discharge of any employee declared deduction for dues or fees, the amount will be adjusted by the Union to be delinquent might violate Federal or State statute or subject the Company to Employer within a charge reasonable period of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration proceduretime. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 2.10 The Union agrees to indemnify and hold the Company Employer harmless from and against any and all claims, demands, suits suits, or other forms of liability that shall arise out of, against the Employer for or by reason of, on account of any action taken by the Company pursuant to the provisions provision of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liability.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 2.1. It shall be a condition of employment that all employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing the Union on the 31st day following the date this Article applies to their work-location or their employment, whichever is later. The requirement of membership under this section is satisfied by the payment of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount financial obligations of the Union’s collective bargaining expenditures initiation fee and periodic dues uniformly imposed. In the event the Union security provision of this Agreement is held to be invalid, unenforceable, or of no legal effect generally or with respect to any Employer because of interpretation or a change in relation to federal or state statute, city ordinance or rule, or decision of any government administrative body, agency or subdivision, the permissible Union security clause under such statute, decision or regulation shall be enforceable as a substitute for the Union security clause provided for herein. 2.2. Upon receipt by the Employer of a letter from the Union’s total expenditures. Such sums Secretary-Treasurer requesting an employee’s discharge because he or she has not met the requirements of this Article, unless the Employer questions the propriety of doing so, he or she shall be re cognized as “Service Feedischarged within fifteen (15) days of the letter if prior thereto he or she does not take proper steps to meet the requirements. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to the Arbitrator. If the Arbitrator determines that the employee has not complied with the requirements of this Article, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer. 5.3 2.3. The Employer shall be responsible for all revenue lost by the Union by reason of any failure to discharge an employee who is not a member of the Union, if the Union has so requested in writing. In cases involving removal of employees for non-payment of the requirements of this Article, the Arbitrator shall have the authority to assess liquidated damages. 2.4. The Union shall have the right to inspect the Employer’s payroll records to determine the employees of the Employer who are covered by this Agreement. 2.5. The Employer agrees to deduct monthly dues, initiation fees, American Dream Fund or Political Action Fund contributions, from the wages of an employee, when authorized by the employee in writing in accordance with applicable law. The Union will provide written notice furnish to the Employer the necessary authorization forms. The Employer agrees to deduct monthly dues, initiation fees, American Dream Fund or Political Action Fund contributions, from the wages of an employee, when authorized by the employee in writing in accordance with applicable law. The Union will furnish to the Employer the necessary authorization forms. The Employer shall maintain accurate employee information, transmit dues, initiation fees, American Dream Fund (“ADF”) or other political fund contributions, and all legal assessments deducted from employees’ paychecks to the Unions electronically via ACH or wire transfer utilizing the 32BJ self-service portal, unless the Union directs in writing that he has failed dues be remitted by means other than electronic transmittals. The transmittal shall be accompanied with information regarding the employees for whom the dues are transmitted, the amount of dues payment for each employee, the employee’s wage rate, the employee’s date of hire, the employee’s location or location change, whether the employee is part-time or full-time, the employee’s social security number, the employee’s address and the employee’s classification. The Union shall provide any necessary training opportunity to comply the employer to facilitate electronic transmittals. The Union shall designate an official in its Dues Department to facilitate dues collection in Philadelphia and interact with his obligations under this ArticlePhiladelphia area Employers. That individual, along with a designee from the Mid-Atlantic District will respond to Employer phone calls and e-mails as promptly as possible. No interest or Penalties will be imposed if the Employer makes a good faith effort to remit payment. 2.6. If the employee Employer fails to cure deduct or remit to the payment delinquency within two weeks following such noticeUnion the dues, ADF contributions, contributions to the Building Service 32BJ Health Fund, contributions to the SEIU Local 32BJ Building Operators Legal Services Fund, or other monies in accordance with this section by the 20th day of the month, the Union will request Employer shall pay interest on such dues, initiation fees, or contributions at the Company rate of one percent per month beginning on the 21st day, unless the Employer can demonstrate the delay was for good cause due to terminate the employment of such employeecircumstances beyond its control. 2.7. If an employee does not revoke his or her dues check-off authorization at the Company believes that end of the discharge year following the date of any authorization, or at the end of the current contract, whichever is earlier, the employee declared shall be deemed to have renewed his or her authorization for another year, or until the expiration of the next succeeding contract, whichever is earlier. 2.8. At the time of hire, the Employer shall give to the new employees a packet, provided by the Union, containing a Union membership application form, check-off authorization form, American Dream Fund authorization form, and where appropriate, benefit fund enrollment forms. BOLR reserves the right to approve the substance of the form to be prepared by the Union before it is submitted for action by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the UnionBOLR’s membership. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable The Employer will send to the Union offices those forms (or portions thereof) that the initiation fees employee chooses to fill out and current monthly dues of return to the Employer. The Employer will permit the Union to meet with each newly hired employee who is not already a Union member for those employees in 5.5 The up to thirty (30) minutes of paid time at the employee’s worksite at a date and time arranged between the Union agrees to indemnify and hold the Company harmless from and against any and all claimsEmployer’s management at the site, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by consistent with the Company pursuant to the provisions obligations provided for in Article 1.8 of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liabilityAgreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be a condition of employment that all employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing the Union on the 31st day following the date this Article applies to their work-location or their employment, whichever is later. The requirement of membership under this section is satisfied by the payment of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount financial obligations of the Union’s collective bargaining expenditures in relation to initiation fee and periodic dues uniformly imposed. Upon receipt by the Employer of a letter from the Union’s total expenditures. Such sums Secretary- Treasurer requesting an employee’s discharge because they have not met the requirements of this Article, unless the Employer questions the propriety of doing so, the employee shall be re cognized as “Service Fee.” 5.3 discharged within fifteen (15) days of the letter if prior thereto they do not take proper steps to meet the requirements. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to the Arbitrator. If the Arbitrator determines that the employee has not complied with the requirements of this Article, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer. The Employer shall be responsible for all revenue lost by the Union by reason of any failure to discharge an employee who is not a member of the Union, if the Union has so requested in writing. In cases involving removal of employees for non-payment of the requirements of this Article, the Arbitrator shall have the authority to assess liquidated damages. The Union shall have the right to inspect the Employer's payroll records to determine the employees of the Employer who are covered by this Agreement. The Employer agrees to deduct monthly dues, initiation fees, agency fees, American Dream Fund or Political Action Fund contributions, from the wages of an employee, when authorized by the employee in writing in accordance with applicable law. The Union will provide written notice furnish to the employee that he has failed to comply with his obligations under this ArticleEmployer the necessary authorization forms. If At the employee fails to cure time of hire or not later than upon the payment delinquency within two weeks following such noticeemployee’s becoming eligible, the Union will request Employer shall give to the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared new employees a packet, provided by the Union, containing a Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employeemembership application form, it shall so notify the Unioncheck-off authorization form, and, where appropriate, benefit fund enrollment forms. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable The Employer will send to the Union offices those forms (or portions thereof) that the initiation fees employee chooses to fill out and current monthly dues of return to the Union for those employees in 5.5 Employer. The Union agrees to indemnify and hold the Company Employer harmless from and indemnified against any and all claims, demandsliability or fault arising out of the Employer's compliance with this Article. If the Employer fails to deduct or remit to the Union the dues, suits initiation fees or other forms contributions in accordance with this section by the twentieth (20th) day, the Employer shall pay interest on such monies at the rate of liability one percent (1%) per month, beginning on the twenty-first (21st) day, unless the Employer can demonstrate that arise out ofthe delay was for good cause due to circumstances beyond its control. If an employee does not revoke their dues check-off authorization at the end of the year following the date of authorization, or at the end of the current contract, whichever is earlier, the employee shall be deemed to have renewed their authorization for another year, or until the expiration of the next succeeding contract, whichever is earlier. The Employer shall maintain accurate employee information and transmit dues, initiation fees and all legal assessments deducted from employees’ paychecks to the Union electronically via ACH utilizing the 32BJ self-service portal, unless the Union directs in writing that dues be remitted by reason ofmeans other than electronic transmittals. The transmission shall be accompanied with information for whom the dues are transmitted, the amount of dues payment for each employee, the employee’s wage rate, the employee’s date of hire, the employee’s location or location change, whether the employee is part-time or full.-time, the employee’s social security number, the employee’s address and the employee’s classification. The Union shall provide any action taken necessary training opportunity to the employer to facilitate electronic transmissions. The parties acknowledge and agree that the term “authorized by the Company pursuant employee in writing” as provided in this Agreement includes authorizations created and maintained by use of electronic records and electronic signatures consistent with state and federal law. The Union, therefore, may use electronic records to verify Union membership, authorization for voluntary deduction of Union dues and fees, as well as voluntary contributions to the provisions of this ArticleUnion’s American Dream Fund, including from wages or payments for remittance to the reasonable costs of any defense made necessary by any Union, and authorization for voluntary deductions from wages or payments for remittance to the American Dream Fund. The Employer shall accept such dispute, claims, suit or liabilityelectronic records as valid written authorizations for deduction and remittance.

Appears in 1 contract

Samples: Contractor Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be a condition 5.01 During the period of employment that this Agreement all employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain who are members of the Union or, in the alternative, render or who later become members of the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and must remain members in good standing as a condition of employment. 5.02 As a condition of the continued employment of an employee who is a member of the Union, the University will deduct from the employee's pay each calendar month such monthly dues and assessments as are uniformly levied upon all members of the Union or, in accordance with its Constitution and By-Laws. 5.03 From a new employee's first pay following satisfactory completion of the alternative, render employee's probationary period an amount equal to the Union initiation fee will be deducted. From this and subsequent pays a further amount equal to monthly sum equivalent to a percentage dues and assessments as are uniformly levied upon all members of the Union in accordance with its Constitution and By-Laws will be deducted. 5.04 The amount of such initiation fees fee, dues and monthly dues, based on assessments shall be certified to the amount University by the Financial Secretary of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall Monies so deducted will be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared remitted by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable cheque to the Union prior to the initiation fees and current monthly dues end of the Union for month in which the deduction is made along with a statement showing the names of those employees infrom whose pay a deduction has been made. 5.5 The Union 5.05 Any deduction of dues and assessments will be cancelled automatically if an employee ceases to be employed in the bargaining unit. 5.06 In the event that IUOE receives dues hereunder on account of an employee who is excluded from the bargaining unit, or if on account of a member of the bargaining unit, but in excess of the amount required, IUOE agrees to reimburse the employee for or credit them with, as the case may be, the amount involved. IUOE shall indemnify and save harmless the Employer against any action arising out of the wrongful deductions of money for dues resulting from the IUOE’s instructions. 5.07 In consideration of the collection and forwarding of information requested by IUOE, IUOE agrees to indemnify and hold save harmless the Company harmless from and Employer against any and all claimsclaims or liabilities, demandsincluding but not limited to claims pertaining to alleged breach of privacy, suits arising or other forms of liability that arise out of, or by reason of, any action taken by resulting from the Company pursuant to the provisions operation of this Article, including and any and all other portions of the reasonable costs collective agreement requiring providing of any defense made necessary by any such dispute, claims, suit or liabilityinformation to IUOE.

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 ‌ 1. It shall be a condition of employment that all employees of the Company covered by this Agreement agreement shall within thirty (30) days of the effective date of this Agreement, become and remain members of in good standing in the Union oror pay an Agency Fee. For the purposes of this Article, membership in the alternative, render union shall mean that the Union a monthly sum equivalent to a percentage of employee tenders the periodic dues and initiation fees and monthly dues based on uniformly required by the amount union, as a condition of acquiring or retaining membership. A "Union Representation Fee (Agency Fee payer)" is defined as those fees necessary to permit the Union’s union to serve as the collective bargaining expenditures in relation to the Union’s total expendituresrepresentative of employees covered under this agreement. 2. Such sum shall be recognized as “Service Fee.” 5.2 It shall also be a condition of employment that all employees of the Company covered by this agreement and hired on or after the its effective date of this agreement shall shall, on or before the sixtieth thirtieth (60th30) day following their entry into pay statusthe beginning of such employment, become and remain members in good standing in the Union or become Agency Fee payers. The foregoing provisions shall be effective in accordance and consistent with applicable provisions of federal and state laws. Once CHI begins in-person orientation, a representative from SEIU Local 500 will attend new employee orientation to represent the union 3. Employees will be required to complete the “Required Representation Fee for CHI Personnel” form (See Appendix A) as a condition of employment. Agency fee deductions and initiation fee will automatically be processed to begin the first pay period after their thirtieth (30) day of employment. The union agrees that it will admit to and retain in membership any such employee subject to the provisions of the Union orconstitution and bylaws of the Union. 4. CHI shall, in compliance with all applicable law, deduct biweekly from the alternativesalary check of each employee, render and shall remit to the Union a monthly sum equivalent to a percentage not later than the tenth (10th) day of the initiation fees following month, all dues and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared assessments levied by the Union to be delinquent might violate Federal or State statute or subject for the Company to a charge of discrimination for violation of current month. Further, the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company Employer harmless from and against any and all claims, demands, suits claims or other forms liability arising out of liability that arise out ofimplementation of this provision, or by reason of, any of action taken or not taken by XXX to comply with this article. 5. XXX further agrees to deduct biweekly from the salary cheek of each employee an amount designated by the Company pursuant employee to be contributed to the provisions Union's Committee on Political Education, and shall remit said amount to the Union not later than the tenth (10th) day of this Articleeach month. 6. On a bi-monthly basis CHI will provide electronically to the Union for the previous two months the date of hire or termination of employees, including the reasonable costs person's full name, address, ID number, social security number and work area or department. 7. On a semi-annual basis CHI will provide to the union electronically the employee ID number, first and last names, mailing addresses, email address (work and personal), phone (cell and/or home), full-time or part- time employment status, number of any defense made necessary by any such disputehours scheduled to work, claimswork location, suit or liabilityhourly wages and date of hire and social security numbers of all employees in the unit.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It 1. All present employees who are members of the Union on the execution date of this Agreement shall be remain members in good standing as a condition of employment that their employment. All present employees who are not members of the Union and all employees of the Company who are hired hereafter for a classification covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of in the Union oras a condition of their employment on the thirty-first (31st) day following the beginning of their employment or the execution date of this Agreement, whichever is later. The term “member” or “member in the alternative, render good standing” shall be limited to the Union a monthly sum equivalent to a percentage payment of the initiation fees and monthly duesmembership fees uniformly required as a condition of acquiring or retaining membership, based on the amount and shall be a financial obligation only. Nothing in this Agreement shall require employees to join or become formal members of the Union’s collective bargaining expenditures . 2. For each employee who shall voluntarily sign a proper form of authorization of check-off of Union initiation fees and Union dues (the signing should be in relation duplicate, and a copy of each such authorization shall be promptly mailed by the Employer to the Union), the Employer shall check-off and deduct the initiation fee from the employee’s total expenditureswage and remit it to the Union. Such sums The Employer shall further check-off and deduct from such employee’s paycheck on each pay period, an equal amount of regular Union dues and shall remit the same to the Union by the twenty fifth (25th) day of such month. The dues deducted from the employee’s wages and remitted to the Union shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared in amounts specified by the Union to the Employer. With each remittance of dues, the Employer shall furnish to the Union a letter or written report stating the name, classification, home address of new employees, telephone number, date of hiring and the amount remitted on account of each employee and the names of any employees no longer employed and their date of separation. Such written reports shall be delinquent might violate Federal or State statute or subject transmitted electronically where the Company to a charge employer is capable of discrimination for violation such transmission. The Employer shall be given thirty (30) days’ notice of any change in amounts due under this Section. The provisions of this Agreement shall be exercised in accordance with existing law. 3. In the event any dues are not paid within 60 days of the rights date they are due, and provided the Union has promptly notified the Employer of the failure to pay and there is no dispute as to the obligation to pay such employeedues, it the Employer shall so notify be obligated to pay an additional 10% of the Unionamounts due. In such event, it The Union may use any applicable legal remedies not prohibited by Article 16A of this Agreement in the event of a non-payment of dues under this provision. Such dispute shall not be required subject to discharge said employee until the propriety Article 16 of such discharge has been determined pursuant to the grievance and arbitration procedurethis Agreement. 5.4 It is 4. There shall be no deduction of any kind from an employees pay except as agreed that upon between the Company shall deduct from the wages Employer and make payable to the Union the initiation fees and current monthly dues of the Union for those employees inemployee or as required by Law. 5.5 5. The Union agrees to indemnify indemnify, defend, and hold save the Company Employer harmless from and against any and all claims, demandssuits, suits or other forms of liability that arise arising out ofof the deduction of dues and fees from an employee’s pay, or by reason of, from any action taken by other liability of any nature on account of the Company pursuant to the provisions of Employer’s compliance with this Article, including . The Employer shall promptly notify the reasonable costs union of any defense made necessary by any such disputeclaim, claimssuit, suit or liabilityother such complaint.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be 6.01 As a condition of employment that all employees of employment, the Company Employer will deduct from each Employee covered by this Agreement an amount equal to the regular monthly Union Dues designated by the Union. 6.02 Such Dues shall within thirty be deducted from each pay for Employees. In the case of newly hired Employees, each Employee shall be subject to a one (301) days time Union Initiation Fee as directed by the Secretary Treasurer of the effective date of this Agreement, become Union. Initiation Fees and remain members of the Union or, Dues deductions shall commence in the alternative, render the Union a monthly sum equivalent to a percentage month of the initiation fees and monthly dues based on the hire. 6.03 The amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum regular monthly Dues shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared those authorized by the Union to be delinquent might violate Federal or State statute or subject and the Company to a charge Union shall notify the Employer of discrimination for violation any changes therein and such 6.04 In consideration of the rights deducting of such employeeInitiation Fees and Union Dues by the Employer, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold save harmless the Company harmless from and Employer against any and all claims, demands, suits claims or other forms of liability that arise out of, liabilities arising or by reason of, any action taken by resulting from the Company pursuant to the provisions operation of this Article, including . 6.05 Monthly deductions shall be made and forwarded to the reasonable costs Secretary Treasurer of any defense made necessary by any the local Union on or before the 15th of the month following which the deductions are made. Any omissions and retroactive deductions shall be submitted with the Dues the month following with the reason why Dues were missed. 6.06 The Employer agrees to forward a list of Dues deductions in the existing electronic template. Any changes to the Dues template will be at the direction of the Secretary Treasurer at no cost to the Employer. 6.07 The Employer will provide each Employee with a T4 supplementary slip showing the Dues deducted in the previous year for income tax purposes where such dispute, claims, suit information is available or liabilitybecomes readily available through the Employe payroll system. 6.08 The Employer may hire temporary Nursing Students for the purpose of covering the schedule of Employees who are on vacation under the Collective Agreement. Such temporary Employees shall be treated as probationary Employees for the purposes of this Collective Agreement and shall be terminated from employment at the conclusion of such temporary assignments. The above-noted termination shall not be subject to the grievance or arbitration procedures and is not a difference between the Parties. The Employer will offer these hours according to externally.

Appears in 1 contract

Samples: Collective Agreement

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UNION SECURITY AND CHECK-OFF. 5.1 It shall be 6.01 All employees, as a condition of employment that all employees of the Company covered by this Agreement continuing employment, shall within thirty (30) days of the effective date of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union orunion, according to the constitution of the union. All future employees shall, as a condition of continued employment, become and remain members in good standing in the alternative, render to the Union a monthly sum equivalent to a percentage union within thirty (30) days of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedurecommencing employment. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant 6.02 Subject to the provisions of this article, the employer shall, as a condition of employment, deduct amounts equal to the monthly union dues and any assessments levied by the union from the bi-weekly earnings of all employees in the bargaining unit. 6.03 An employee or future employee who declares in an affidavit that: a) they are a member of a religious organization registered under the Income Tax Act, and b) the doctrine of their religious organization prevents them as a matter of conscience from joining a union or making financial contributions to the union, and c) they shall make a contribution to a charitable organization of their choice equivalent to union dues shall not be subject to the provisions of this article provided that the affidavit submitted by the employee shows the registered number of the religious organization and is countersigned by an official representative of the religious organization involved. 6.04 The Alliance shall inform the employer in writing of the authorized monthly deduction to be checked off for each employee. 6.05 For the purpose of applying Clause 6.02, deductions from earnings for each employee in respect of each calendar month shall start with the first full calendar month of employment to the extent that earnings are available. 6.06 The amounts deducted in accordance with Clause 6.02 shall be remitted to the Finance and Administration Branch of the Alliance by cheque within one month after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on the employee's behalf. 6.07 The Alliance agrees to indemnify and save the employer harmless against any claim or liability arising out of the application of this article, except for any claim or liability arising out of an error committed by the employer limited to the amount actually involved in the error. 6.08 The employer shall report the amount of union dues paid in the calendar year on each employee's income tax T4 slip. 6.09 The employer agrees to make deductions for other purposes on the basis of signed authorization of the employee. 6.10 Prior to making an offer of employment, the employer shall advise the candidate of the provisions of this Article. All employment advertisements will state "Bryony House is a unionized workplace". 6.11 An offer of employment shall be provided to a potential employee in a formal written letter. The letter will include job title, start date, rate of pay, benefits (including information on the reasonable costs group insurance plan and pensions plan, if qualified), employment status, term of any defense made necessary employment, and length of probation. 6.12 Employees covered by any such disputethis Agreement shall have the right to refuse to cross a picket line. No employee shall be disciplined for exercising this right. Furthermore, claimsthe employer agrees that it will not request, suit require or liabilitydirect employees, students or volunteers to cross a picket line or perform work resulting from a strike that would normally have been carried out by workers involved in the strike.

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be 3.01 All Employees who are in the employ of the Employer as defined in Article 2, shall, as a condition of employment that employment, be subject to regular monthly Union Dues. 3.02 The Employer agrees to deduct Union Dues, on a monthly basis, for all employees Employees referred to in Article 3.01. Deductions shall be made from each pay and forwarded to the Secretary-Treasurer of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain members of the local Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing 15th of the Union or, month following the month in which the deductions are made. Any omissions and retroactive deductions shall be submitted with the dues the month following with the reason why dues were missed. Employees will be subject to a one-time union dues administrative assessment for newly hired Employees. Dues deductions for all bargaining unit Employees will commence in the alternative, render first month of hire in the amount designated by the Union. The Employer agrees to forward a list of dues deductions in an electronic format designed by the Union a monthly sum equivalent to a percentage showing the names, classifications, current addresses, phone numbers, Social Insurance Numbers, highlighting new hires, resignations, terminations, new unpaid leave of the initiation fees absence and monthly duesreturn from leave of absence, based on hourly rate, hours worked, and the amount of dues remitted on behalf of each of the Union’s collective bargaining expenditures in relation Employees for whom deductions have been made. Union dues are not deducted from any SUB plan payments and the Employer has no responsibility for Union dues while an Employee is off on Pregnancy and/or Parental Leave. 3.03 The Union and its members shall hold the Employer harmless with respect to any liability which the Union’s total expendituresEmployer might incur as a result of deductions and remittances. 3.04 The Employer agrees that a Union Representative shall be given the opportunity of interviewing each new Employee during their orientation period for the purpose of ascertaining if the Employee wishes to become a Union Member, provided such interviews can be arranged without interfering with the efficient operation of the Home. The Employer will advise the Union monthly of the names of those Employees who are to be interviewed. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it interviews shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liability.exceed twenty

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It 3.1 The Company agrees that, upon receipt of written authorizations in the approved form, it will deduct from the pay of employees, on the payroll as of the date of ratification, the regular monthly Union dues. Such deductions shall be made on the first pay day in each calendar month and the authorization shall extend through periods of lay-off and recall. Further, it is agreed that the Company will obtain the required authorization from each new employee and the deduction will commence with the second monthly check-off after his/her date of employment. All monies so deducted will be forwarded to the Financial Secretary of the Union on or before the fifteenth (15th) day of the month, accompanied with a list of employees’ names from whom deductions were made. 3.2 The Company agrees that, upon receipt of written authorization in the form of a signed Union Membership Card, it will deduct from the wages of employees, joining the Union after the ratification of this Agreement, the initiation fee due from him/her to the Union on the first pay-day of the following calendar month and shall remit the same to the Financial Secretary of the Union on or before the fifteenth (15th) day of the calendar month. 3.3 The Company agrees that it shall be a condition of employment that all employees any employee who, at the date of the Company covered by this Agreement shall within thirty (30) days of the effective date signing of this Agreement, become and remain was a member of the Union in good standing or who becomes a member after that date shall maintain such membership during the term of this Agreement. Employees shall be deemed members of the Union or, in good standing so long as they continue to pay their regular monthly Union dues. 3.4 No employee shall be subject to any penalties against his/her application for membership or for reinstatement as a member in the alternative, render Union except as may be provided in the Constitution and By-Laws of the Union a monthly sum equivalent and no coercion or intimidation of any kind shall be practiced to a percentage compel or influence an employee to join the Union nor shall any discrimination of the initiation fees and monthly dues based on the amount any kind whatever be practiced or permitted with respect to employees who are or who become members of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liability.

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It 2.01 All present Employees shall be become or remain as the case may be, members of the Union and all persons who may hereafter become Employees covered by this Agreement, shall become members and shall maintain such membership all as a condition of employment that all employees continuing employment. 2.02 Once each month so long as this Agreement continues to operate, the Corporation will deduct from the remuneration of the Company each Employee who is covered by this Agreement and to whom any remuneration is due in that month, an amount equal to the Employee’s regular monthly Union dues or part thereof. The Union shall within thirty (30) days notify the Treasurer of the effective date Corporation in writing of the amount of such dues or such part thereof from time to time. 2.03 All sums deducted pursuant to this Agreement, become and remain members Article shall be remitted by the Corporation to the Treasurer of the Union ornot later than the 15th day of the following month together with a list of names of all employees from whose remuneration Union dues were so deducted. 2.04 Quarterly, and when requested, a list of all Employees in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation unit will be provided to the Union. The list, provided electronically, will include each person’s total expenditures. Such sum name, seniority date, classification, Union dues being paid, bi-weekly earnings, hours paid at their base rate of pay, their home mailing address, primary telephone number, and their primary email account. 2.05 The Corporation shall be recognized as “Service Fee.” 5.2 It shall be a condition notify the Union forthwith of all resignations, retirees, leave of absence (type of the leave), and terminations of employment that and of all employees of the Company covered by this agreement and newly hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service FeeEmployees. 5.3 2.06 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold save the Company Corporation harmless from and against any all claims and all claims, demands, suits demands brought or other forms made against the Corporation by an Employee as a result of liability that arise out of, or by reason of, any action taken the deduction and remittance by the Company Corporation to the Union of dues pursuant to this Article; provided that this section does not apply to the request by the Union for correction and adjustment of any error in the deduction or remittance of Union dues. 2.07 The Corporation will inform each new Employee of the provisions of this Article. On commencing employment, including the reasonable costs Department Head, or their nominee shall introduce the new Employee to their Xxxxxxx, or Vice-President of any defense made necessary by any such dispute, claims, suit the Local. The Xxxxxxx or liabilityVice-President will be allowed a thirty (30) minute interview (without loss of pay) with the new Employee at which the Union will provide to the new Employee a copy of the Collective Agreement.

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 2.1. It shall be a condition of employment that all employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing the Union on the 31st day following the date this Article applies to their work-location or their employment, whichever is later. The requirement of membership under this section is satisfied by the payment of the financial obligations of the Union's initiation fee and periodic dues uniformly imposed. In the event the Union orsecurity provision of this Agreement is held to be invalid, unenforceable, or of no legal effect generally or with respect to any Employer because of interpretation or a change in federal or state statute, city ordinance or rule, or decision of any government administrative body, agency or subdivision, the alternativepermissible Union security clause under such statute, render decision or regulation shall be enforceable as a substitute for the Union security clause provided for herein. 2.2. Upon receipt by the Employer of a letter from the Union's Secretary-Treasurer requesting an employee's discharge because he or she has not met the requirements of this Article, unless the Employer questions the propriety of doing so, he or she shall be discharged within fifteen (15) days of the letter if prior thereto he or she does not take proper steps to meet the requirements. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to the Arbitrator. If the Arbitrator determines that the employee has not complied with the requirements of this Article, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer. 2.3. The Employer shall be responsible for all revenue lost by the Union by reason of any failure to discharge an employee who is not a member of the Union, if the Union has so requested in writing. In cases involving removal of employees for non-payment of the requirements of this Article, the Arbitrator shall have the authority to assess liquidated damages. 2.4. The Union shall have the right to inspect the Employer's payroll records to determine the employees of the Employer who are covered by this Agreement. 2.5. The Employer shall maintain accurate employee information, and effective January 1, 2016, transmit dues, initiation fees, American Dream Fund (“ADF”) or other political fund contributions, and all legal assessments deducted from employees’ paychecks to the Unions electronically via ACH or wire transfer utilizing the 32BJ self-service portal, unless the Union directs in writing that dues be remitted by means other than electronic transmittals. The transmittal shall be accompanied with information regarding the employees for whom the dues are transmitted, the amount of dues payment for each employee, the employee’s wage rate, the employee’s date of hire, the employee’s location or location change, whether the employee is part-time or full-time, the employee’s social security number, the employee’s address and the employee’s classification. The Union shall provide any necessary training opportunity to the employer to facilitate electronic transmittals. The Union shall designate an official in its Dues Department to facilitate dues collection in Philadelphia and interact with Philadelphia area Employers. That individual, along with a designee from the Mid-Atlantic District will respond to Employer phone calls and e-mails as promptly as possible. No interest or Penalties will be imposed if the Employer makes a good faith effort to remit payment. 2.6. If the Employer fails to deduct or remit to the Union a monthly sum equivalent the dues, ADF contributions, contributions to a percentage the Building Service 32BJ Health Fund, contributions to the SEIU Local 32BJ Building Operators Legal Services Fund, or other monies in accordance with this section by the 20th day of the initiation fees and monthly month, the Employer shall pay interest on such dues, based initiation fees, or contributions at the rate of one percent per month beginning on the amount 21st day, unless the Employer can demonstrate the delay was for good cause due to circumstances beyond its control. 2.7. If an employee does not revoke his or her dues check-off authorization at the end of the Union’s collective bargaining expenditures in relation year following the date of authorization, or at the end of the current contract, whichever is earlier, the employee shall be deemed to have renewed his or her authorization for another year, or until the expiration of the next succeeding contract, whichever is earlier. 2.8. At the time of hire, the Employer shall give to the new employees a packet, provided by the Union’s total expenditures, containing a Union membership application form, check- off authorization form, American Dream Fund authorization form, and where appropriate, benefit fund enrollment forms. Such sums shall BOLR reserves the right to approve the substance of the form to be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, prepared by the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared before it is submitted for action by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the UnionBOLR’s membership. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable The Employer will send to the Union offices those forms (or portions thereof) that the initiation fees employee chooses to fill out and current monthly dues of return to the Employer. The Employer will permit the Union to meet with each newly hired employee who is not already a Union member for those employees in 5.5 The up to thirty (30) minutes of paid time at the employee’s worksite at a date and time arranged between the Union agrees to indemnify and hold the Company harmless from and against any and all claimsEmployer’s management at the site, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by consistent with the Company pursuant to the provisions obligations provided for in Article 1.8 of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liabilityAgreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It 4.1: Employees who are members of the recognized bargaining unit who are not members of the Union may join the Union by initiating their Union application form and dues deduction authorization form. 4.2: The Employer agrees to deduct from the wages of an employee, who is a member of the union, all Union membership dues uniformly required, as provided in a written authorization in accordance with the standard form used by the Village, provided that the said form shall be a condition executed by the employee. The Written authorization for Union dues deduction shall remain in full force and effect during the period of employment that all employees of this Agreement unless revoked by written notice. The revocation notice must be given to both the Company Village and to the Union. 4.3: Any person employed with the Village and covered by this Agreement shall Agreement, who is not a member of the Association and who does not make application for membership within thirty (30) days of from the effective date of this Agreement, become and remain members Agreement or from the date he first becomes a member of the Union orbargaining unit, in the alternativewhichever is later, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent service fee as a contribution towards the administration of this agreement, in an amount equal to a percentage of the initiation fees and monthly dues, based on the amount regular membership dues of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed Employees who fail to comply with his obligations under this Article. If requirement shall be discharged within thirty (30) days after receipt of written notice by the Village from the Union unless otherwise notified by the union in writing within said thirty (30) days and provided that the Union shall release the Village from fulfilling the obligation to discharge if during such 3D-day period the employee fails to cure pays the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal membership dues or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant service fee retroactive to the grievance due date and arbitration procedureconfirms his intention to pay the required membership dues of service fee in accordance with this agreement. 5.4 It is agreed that the Company shall 4.4: The Village agrees to deduct from the wages of any employee covered by this agreement, who is not a member of the Union, all Union service fees uniformly required as provided in a written authorization in accordance with the standard form used by the Village, provided that the said form shall be executed by the employee. 4.5: All Union membership dues and make payable fees will be authorized, levied, and certified in accordance with the by-laws of the Union. Each employee and the Union hereby authorizes the Village to rely upon and to honor certification by the Director of Labor Services or his agent regarding the amounts to be deducted and legality of the adopting action specifying such amounts of Union Dues and service fees, which dues and service fees shall be sent via first class mail, w1thout undue delay, to the Union the initiation fees and current monthly dues Director of the Union for those employees inLabor Council, Police Officers Labor Council, 000 X. Xxx Xxxxxx, Xxxxx 000 Xxxx, XX 00000-0000. 5.5 4.6: The Union agrees to indemnify save and hold harmless the Company harmless Village from and against any and all claims, demands, suits damages or other forms financial loss which the Village may be required to payor suffer as a consequence of liability that arise out of, or by reason of, any action taken by enforcing the Company pursuant to the provisions of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liabilityabove provision.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 2.1. It shall be a condition of employment that all employees of the Company covered by this Agreement shall become and remain members in the Union on the 31st day following the date this Article applies to their work-location or their employment, whichever is later. The requirement of membership under this section is satisfied by the payment of the financial obligations of the Union's initiation fee and periodic dues uniformly imposed. 2.2. Upon receipt by the Employer of a letter from the Union's Secretary- Treasurer requesting an employee's discharge because he has not met the requirements of this Article, unless the Employer questions the propriety of doing so, he shall be discharged within 15 days of the letter if prior thereto he does not take proper steps to meet the requirements. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to the Arbitrator. If the Arbitrator determines that the employee has not complied with the requirements of this Article, the employee shall be discharged within 10 days after written notice of the determination has been given to the Employer. 2.3. The Employer shall be responsible for all revenue lost by the Union by reason of any failure to discharge an employee who is not a member of the Union, if the Union has so requested in writing. In cases involving removal of employees for non-payment of the requirements of this Article, the Arbitrator shall have the authority to assess liquidated damages. 2.4. The Union shall have the right to inspect the Employer's payroll records to determine the employees of the Employer who are covered by this Agreement. 2.5. The Employer agrees to deduct monthly dues, initiation fees, agency fees, COPE or American Dream Fund contributions, from the wages of an employee, when authorized by the employee in writing in accordance with applicable law. The Union will furnish to the Employer the necessary fully executed authorization forms. The Employer agrees to provide the Union Shop Xxxxxxx with a reasonable period of time to present new employees within his/her regularly assigned building with orientation packets. The Shop Xxxxxxx shall engage in such activity during his/her regular work hours within the building he/she is regularly assigned. The parties acknowledge and agree that the term “authorized by the employee in writing” as provided in this Agreement includes authorizations created and maintained by use of electronic records and electronic signatures consistent with state and federal law. The Union, therefore, may use electronic records to verify Union membership, authorization for voluntary deduction of Union dues and fees, as well as voluntary contributions to the Union’s American Dream Fund, from wages or payments for remittance to the Union, and authorization for voluntary deductions from wages or payments for remittance to the American Dream Fund. The Employer shall accept such electronic records as valid written authorizations for deduction and remittance. 2.6. If the Employer fails to deduct or remit to the Union the dues or other monies in accordance with this section by the 20th day, the Employer shall pay interest on such dues at the rate of one percent per month beginning on the 21st day, unless the Employer can demonstrate the delay was for good cause due to circumstances beyond its control. If the Employer is thirty (30) days of the effective date of late remitting monthly dues, initiation fees, agency fees, American Dream Fund or Political Action Fund contributions (collectively, “dues”) pursuant to this Agreement, become and remain members of the Union or, may charge the Employer with an appropriate interest charge. Interest shall not be charged in instances where there is a bona fide dispute whether the alternative, render the Union a monthly sum equivalent to a percentage remittance of the initiation fees and monthly such dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Articleis late. If the employee any Employer fails to cure the payment delinquency remit dues as defined above for more than sixty (60) days on three (3) or more occasions within two weeks following such noticea one-year period, the Union will request may file a grievance at Step 2 of the Company Grievance procedure. This paragraph shall not apply to terminate an Employer’s failure to remit dues for an isolated number of employees but is intended to apply to a failure to remit all or most dues owed for a given period (e.g. the employment majority of dues for a given month). A Step 2 meeting shall be held within five (5) working days after the filing of such employeegrievance. If such meeting is not held or the Company believes that the discharge of any employee declared by matter is not resolved, the Union to be delinquent might violate Federal or State statute or subject the Company to may file a charge of discrimination demand for violation expedited arbitration of the rights matter following the five (5) days under the Step 2. A hearing will be held within twenty-one days following the demand for arbitration. 2.7. If an employee does not revoke his dues check-off authorization at the end of such employeethe year following the date of authorization, it or at the end of the current contract, whichever is earlier, the employee shall so notify the Union. In such eventbe deemed to have renewed his authorization for another year, it shall not be required to discharge said employee or until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues expiration of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claimsnext succeeding contract, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liabilitywhichever is earlier.

Appears in 1 contract

Samples: Contractor Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be a condition of employment that all Section 1. All employees in the bargaining unit represented by the Union who are members of the Company covered by this Agreement shall within thirty (30) days of Union on the effective date of this Agreement, or who become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date but during the term of this agreement Agreement, shall on or before maintain such Union membership for the sixtieth (60th) day following their entry into pay status, become and remain members in good standing duration of the Union or, in the alternative, render this Agreement by paying to the Union either the regular monthly dues uniformly levied against all members or a monthly sum equivalent to a percentage representation fee. The representation fee shall be less than one hundred percent (100%) of the initiation fees and regular monthly dues, based on dues paid by Union members (which sum shall accurately represent the amount for said employees due the Association as their fair share of costs attributable to negotiating the Union’s collective bargaining expenditures in relation terms of this Agreement and which sum shall not include, but way of example but not by way of limitation, state, national or other dues and assessments or other amounts for Union activities). Section 2. The Employer agrees to deduct during the pay period Union dues from the pay of employees subject to the following: (a) The Union shall obtain from the employee, a completed and signed check-off authorization form which shall conform to the respective state and federal laws concerning that subject or any interpretations made thereof. The check-off authorization form shall be filed with the County Human Resources Department who may return an incomplete or incorrectly completed form to the Union‟s treasurer and no check-off shall be made until such deficiency is corrected. (b) The Employer shall check-off only obligations which become due at the time of check-off and will make check-off deductions only if the employee has enough pay due to cover such obligation, and will not be responsible to the employee if the employee has duplicated a check-off deduction by direct payment to the Union’s total expenditures. Such sums shall . (c) The Employer‟s remittance will be re cognized as “Service Feedeemed correct if the Union does not give notice, in writing, to the County Human Resources Department within two (2) weeks after a remittance is sent, of its belief, with reasons stated therefore, that the remittance is incorrect. 5.3 The Union will provide (d) Any employee may terminate his check-off authorization by written notice to the employee that he has failed County Human Resources Department. (e) The Union shall provide at least thirty (30) days‟ written notice to comply the County Human Resources Department of the amount of Association dues and/or representation fee to be deducted from the wages of employees having submitted check-off authorization forms in accordance with his obligations under this Article. If Any change in the employee fails to cure the payment delinquency within two weeks following such notice, the Union amount determined will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant provided to the grievance and arbitration procedureCounty Human Resources Department at least thirty (30) days prior to each anniversary date of this Agreement. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 Section 3. The Union agrees to shall indemnify and hold save the Company Employer harmless from and against any and all claims, demands, suits suits, or other forms of liability that arise arising out ofof or relating to its deduction of Union dues and/or representation fees from an employee‟s pay, or by reason offrom the Employer‟s reliance on any list, notice, certification, or authorization furnished under this Article, or from the Employer‟s reliance upon or compliance with the Union security provisions or any action taken by the Company pursuant to the other provisions of this Article, including . The Union assumes full responsibility for the reasonable costs deposition of any defense all check-off deductions made necessary by any such dispute, claims, suit or liabilityonce they have been sent to the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It 2.01 All present employees who are members of the Union, and those who subsequently choose to become members of the Union, shall be maintain such membership in good standing as a condition of continued employment that all employees of during the Company covered by this Agreement shall within thirty (30) days of the effective date term of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee. 5.2 It shall be a condition of employment that all 2.02 All future employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, must become and remain members in good standing of the Union oras a condition of employment during the term of this Agreement. 2.03 All employees covered by the terms of this Agreement shall, in as a condition of employment, pay monthly Union dues or the alternative, render to the equivalent of monthly Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared established by the Union in accordance with its Constitution and By−Laws, and such Union dues shall be paid through monthly check−off deductions as outlined below. 2.04 The Employer agrees to be delinquent might violate Federal or State statute or subject deduct in equal amounts from each pay received in the Company calendar month of each employee who is covered under the terms of this Agreement, the monthly Union dues as established by the Union from time to a charge of discrimination for violation time. The responsible officer of the rights Union shall notify the Employer in writing of such employeethe appropriate amounts of the foregoing, and any changes thereto, as they become effective. New employees shall have deductions made on the first regular deduction date following completion of thirty (30) calendar days of employment. Notwithstanding this provision, it is agreed that term certainƒtemporary employees shall so notify commence deductions an amount equivalent to union dues following completion of ninety (90) calendar days of employment. 2.05 The Union dues shall be remitted along with an alphabetical listing of all employees from whom such deductions were made, to the Unionfinancial secretary of the Union before the twenty−fifth (25th) day of the month following the month in which such deductions were made. In such eventThe Employer also agrees to deduct and remit an amount equal to the union initiation fee from each new employee following completion of thirty (30) calendar days of employment. Notwithstanding this provision, it is agreed that term certainsƒtemporary employees shall not be required to discharge said employee until commence deductions for initiation fee following the propriety completion of such discharge has been determined pursuant to the grievance and arbitration procedureninety (90) calendar days of employment. 5.4 2.06 It is agreed that upon commencement of employment new employees shall be advised by a representative of the Company shall deduct from Employer of the wages and make payable to the Union the initiation fees and current monthly dues existence of the Union for those employees inand of the conditions surrounding their employment, as contained in this Collective Agreement, and any rules that may be formulated under its terms. 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability 2.07 Both parties agree that arise out of, or by reason of, any action taken by the Company pursuant they are subject to the provisions terms of this Articlethe Hospital Labour Disputes Arbitration Act. 2.08 As part of the Employer’s Orientation program, including the reasonable costs Unit Chairperson or her designate of the Union will be notified in writing whenever a new employee is hired and invited to introduce herself and explain any defense made necessary by matter of interest to any such dispute, claims, suit new employee or liabilityemployees. This meeting shall be restricted to a maximum of twenty (20) minutes.

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 3.1 It shall be a condition of employment that all employees of the Company Employees covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing the Union on the 60th day following the date this Article applies to their work-site or their employment, whichever is later. The requirement of membership under this section is satisfied by the payment of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount financial obligations of the Union’s collective bargaining expenditures initiation fee and periodic dues uniformly imposed. 3.2 Upon receipt by the Employer of a letter from the Union’s Secretary-Treasurer requesting an Employee’s discharge because he or she has not met the requirements of this Article, unless the Employer questions the propriety of doing so, he or she shall be discharged within 15 days of the letter if prior thereto he or she does not take proper steps to meet the requirements. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to the Arbitrator. If the Arbitrator determines that the Employee has not complied with the requirements of this Article, the Employee shall be discharged within 30 days after written notice of the determination has been given to the Employer. 3.3 The Employer agrees to deduct monthly dues, initiation fees, agency fees, American Dream Fund or Political Action Fund contributions, from the wages of an employee, when authorized by the employee in relation writing in accordance with applicable law. The Union will furnish to the Employer the necessary authorization forms. At the time of hire the Employer shall give to the new Employees a packet, provided by the Union, containing a Union membership application form, and a dues check-off authorization form only. The Employer will send to the Union offices those forms (or portions thereof) that the employee chooses to fill out and return to the Employer. 3.4 If the Employer fails to deduct or remit to the Union the dues or other monies in accordance with this section by the twentieth (20th) day of the month, the Employer shall pay interest on such dues, initiation fees, or contributions at the rate of one-half of one percent per month beginning on the thirty-first (31st) day after Employer’s receipt of written notice of delinquency. 3.5 If an Employee does not revoke his or her dues check-off authorization at the end of the year following the date of authorization, or at the end of the current contract, whichever is earlier, the Employee shall be deemed to have renewed his or her authorization for another year, or until the expiration of the next succeeding contract, whichever is earlier. 3.6 The Employer shall maintain accurate employee information and transmit dues, initiation fees, and all legal assessments deducted from Employees’ paychecks to the Union electronically via ACH utilizing the 32BJ self-service portal, unless the Union directs in writing that dues be remitted by means other than electronic transmittals. The transmission shall be accompanied with information for whom the dues are transmitted, the amount of dues payment for each employee, the employee’s wage rate, the employee’s date of hire, the employee’s site or site change, whether the employee is part-time or full-time, the last four digits of the employee’s social security number, the employee’s address, and the employee’s classification. 3.7 The Union agrees to defend, indemnify and save such Employer harmless from any liability (including without limitation wages, damages, court costs, attorneys fees, and penalties) incurred by reason or result of Employer’s actions taken pursuant to this Article 3 with defense counsel to be chosen by the Union. 3.8 The parties acknowledge and agree that the term “authorized by the employee in writing” as provided in this Agreement includes authorizations created and maintained by use of electronic records and electronic signatures consistent with state and federal law. The Union, therefore, may use electronic records to verify Union membership, authorization for voluntary deduction of Union dues and fees, as well as voluntary contributions to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice American Dream Fund, from wages or payments for remittance to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such noticeUnion, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal and authorization for voluntary deductions from wages or State statute or subject the Company to a charge of discrimination payments for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant remittance to the grievance American Dream Fund. The Employer shall accept such electronic records as valid written authorizations for deduction and arbitration procedureremittance. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liability.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It 3.1 The Company agrees that, upon receipt of written authorizations in the approved form, it will deduct from the pay of employees, on the payroll as of the date of ratification (March 18th, 2014), the regular monthly Union dues. Such deductions shall be made on the first pay day in each calendar month and the authorization shall extend through periods of lay-off and recall. Further, it is agreed that the Company will obtain the required authorization from each new employee and the deduction will commence with the second monthly check-off after his/her date of employment. All monies so deducted will be forwarded to the Financial Secretary of the Union on or before the fifteenth (15th) day of the month, accompanied with a list of employees’ names from whom deductions were made. 3.2 The Company agrees that, upon receipt of written authorization in the form of a signed Union Membership Card, it will deduct from the wages of employees, joining the Union after the ratification of this Agreement, the initiation fee due from him/her to the Union on the first pay-day of the following calendar month and shall remit the same to the Financial Secretary of the Union on or before the fifteenth (15th) day of the calendar month. 3.3 The Company agrees that it shall be a condition of employment that all employees any employee who, at the date of the Company covered by this Agreement shall within thirty (30) days of the effective date signing of this Agreement, become and remain was a member of the Union in good standing or who becomes a member after that date shall maintain such membership during the term of this Agreement. Employees shall be deemed members of the Union or, in good standing so long as they continue to pay their regular monthly Union dues. 3.4 No employee shall be subject to any penalties against his/her application for membership or for reinstatement as a member in the alternative, render Union except as may be provided in the Constitution and By-Laws of the Union a monthly sum equivalent and no coercion or intimidation of any kind shall be practiced to a percentage compel or influence an employee to join the Union nor shall any discrimination of the initiation fees and monthly dues based on the amount any kind whatsoever be practiced or permitted with respect to employees who are or who become members of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liability.

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 SECTION 3.1 It shall be a condition of employment that all employees of Employer who are members of the Company covered by Union in good standing on the effective date of this Agreement shall within thirty (30) days of remain members in good standing, and those who are not members on the effective date of this Agreement, shall, on the thirty-first (31st) calendar day following the effective date of this Agreement, or the thirty-first (31st) calendar day following the date this Agreement first applies to their work location, whichever is later, become and remain members of the Union or, in good standing in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall also be a condition of employment that all employees of the Company covered by this agreement Agreement and hired on or after the its effective date of this agreement shall shall, on or before the sixtieth thirty-first (60th31st) calendar day following the beginning of such employment, or the date this Agreement first applies to their entry into pay statuswork location, whichever is later, become and remain members in good standing of the Union or, in the alternative, render to Union. The requirement of membership under this section is satisfied by the Union a monthly sum equivalent to a percentage payment of the initiation fees and monthly dues, based on the amount financial obligations of the Union’s collective bargaining expenditures initiation fees and periodic dues uniformly imposed. In the event the Union security provision of this Agreement is held to be invalid, unenforceable, or of no legal effect generally or with respect to any Employer because of interpretation or a change in relation to federal or state statute, city ordinance or rule, or decision of any government administrative body, agency or subdivision, the permissible Union security clause under such statute, decision or regulation shall be enforceable as a substitute for the Union security clause provided for herein. SECTION 3.2 Upon receipt by the Employer of a letter from the Union’s total expenditures. Such sums Secretary- Treasurer requesting an employee’s discharge because he or she has not met the requirements of this Article, unless the Employer questions the propriety of so doing, the employee shall be re cognized discharged within fifteen (15) days of said notice if prior thereto the employee does not take proper steps to meet the requirements. Should the Employer fail to discharge the employee as “Service Fee.” 5.3 The provided for above, the Union will provide shall promptly submit the matter to the Arbitrator appointed pursuant to Step 4 of Section 24.1. If the Arbitrator determines such employee has not complied with Section 3.1, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the employee Employer. SECTION 3.3 In any case in which the Arbitrator finds that he the Employer has failed to comply not complied with his its obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Arbitrator shall have the authority to craft an appropriate remedy. SECTION 3.4 The Employer shall check-off monthly dues, assessments, and initiation fees, or agency fees, as membership dues or obligations to the Union for all employees who furnish the Employer with a voluntary signed check-off authorization card meeting applicable legal requirements. The Employer agrees to make payroll deductions from the first pay check of each calendar month for each employee who has so authorized check-off. In the case of employees hired after the date of this Agreement, the Employer will request make a payroll deduction for the Company to terminate standard initiation fee payable under the employment Union’s Constitution (or agency fee portion payable) during the first two (2) weeks after the thirty-first (31st) calendar day of the employee’s employment. The Employer agrees that such employee. If the Company believes deductions constitute trust funds that the discharge of any employee declared will be forwarded by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant Employer to the grievance and arbitration procedure. 5.4 Union not later than the twentieth (20th) day of each month for which the deductions are being made. It is agreed that the Company Employer’s failure to remit all payroll deductions in accordance with the above procedures will result in an automatic ten percent (10%) liquidated damages payment being assessed, where there is no dispute as to the amount owed and no inadvertent error. Any dispute is subject to the grievance procedure. The parties acknowledge and agree that any written authorization required in this Agreement includes authorizations created and maintained by use of electronic records and electronic signatures consistent with state and federal law. The Union, therefore, may use electronic records to verify Union membership, authorization for voluntary deduction of Union dues and fees from wages for remittance to the Union, and authorization for voluntary deductions from wages for remittance to ADF Funds, subject to the requirements of state and federal law. The Employer may accept confirmations from the Union that the Union possesses electronic records of such membership or request proof of any such electronic authorization and give full force and effect to such authorizations as “written authorization” for purposes of this Agreement. The Employer shall maintain accurate employee information and transmit dues, initiation fees and all legal assessments deducted from employees’ paychecks to the Union electronically via ACH utilizing the 32BJ self-service portal, unless the Union directs in writing that dues be remitted by means other than electronic transmittals. The transmittal shall be accompanied with information regarding the employees for whom the dues are transmitted, the amount of dues payment for each employee, the employee’s wage rate, the employee’s date of hire, the employee’s location or location change, whether the employee is part-time or full-time, the employee’s social security number, the employee’s address and the employee’s classification. The Union shall provide any necessary training opportunity to the employer to facilitate electronic transmittals. The Union shall designate an official in its Dues Department to facilitate dues collection in Philadelphia and interact with Philadelphia area Employers. That individual, along with a designee from the Mid-Atlantic District will respond to Employer phone calls and e-mails as promptly as possible. No interest or penalties will be imposed if the Employer makes a good faith effort to remit payment. SECTION 3.5 If an employee does not revoke his or her dues check-off authorization at the end of the year following the date of authorization, or at the end of the current contract, whichever is earlier, it shall be deemed a renewal of authorization, irrevocable for another year, or until the expiration of the next succeeding contract, whichever is earlier. SECTION 3.6 The Employer agrees to deduct and transmit to the American Dream Fund or other Political Action Fund contributions from the wages of those employees who voluntarily authorize such deductions in writing in accordance with applicable law. The Union will furnish to the Employer the necessary authorization forms. The Employer agrees to transmit the amounts deducted on or before the twentieth (20th) day of each month the total amount deducted the previous month. This remittance shall be simultaneous with the dues remittances as provided in this Article, and make payable these voluntary contributions, while not a condition of employment, shall be considered a payroll deduction for purposes of this Article. American Dream Fund or other Political Action Fund contributions shall be considered dues for purposes of Article 17 of this Agreement. The Employer shall maintain accurate employee information and transmit political contributions deducted from employees’ paychecks to the Union electronically via ACH utilizing the initiation fees and current monthly dues of 32BJ self-service portal, unless the Union directs in writing that contributions be remitted by means other than electronic transmittals. The transmittals shall be accompanied with information regarding the employees for those employees in 5.5 whom the contributions are transmitted - the employee’s address, social security number and phone number. The Union agrees shall provide any necessary training opportunity to the employer to facilitate electronic transmittals. The Union shall designate an official in its Dues Department to facilitate dues collection in Philadelphia and interact with Philadelphia area Employers. That individual, along with a designee from the Mid-Atlantic District will respond to Employer phone calls and e-mails as promptly as possible. No interest or penalties will be imposed if the Employer makes a good faith effort to remit payment. SECTION 3.7 The Union shall indemnify and hold save the Company Employer harmless from and against any and all claims, demands, suits or other forms of liability that which shall arise out of, of or by reason of, any of action taken or not taken by the Company pursuant Employer for the purpose of complying with any of the foregoing provisions. SECTION 3.8 An engineer employed by an Employer who is subsequently promoted by an Employer to a position of Working Superintendent and is regularly required to do work utilizing tools, shall retain his/her membership in the Union as defined in Section 3.1 above and be entitled to the provisions same fringe benefits to which other employees are entitled. However, under no circumstances will the Union bargain for, or in any way represent the Working Superintendent except to insure compliance with this Agreement as to fringe benefits and Union membership, nor will a Working Superintendent be permitted to abandon his duties in the event of a strike by this Article, including the reasonable costs of or any defense made necessary by any such dispute, claims, suit or liabilityother union whatsoever.

Appears in 1 contract

Samples: Contractors Agreement

UNION SECURITY AND CHECK-OFF. 5.1 Section 1. The Employer recognizes the Union as the exclusive bargaining agent for all laborers, skilled laborers, equipment operators and all skilled craftsmen employed by the City of Xxxxxx-Xxxxx. Section 2. Each Employee who on the date of this Agreement is a member of the Union in good standing, in accordance with its Constitution and By-Laws or who shall thereafter become such a member shall maintain his membership in the Union in good standing for the duration of this agreement; provided, however, that at anytime within the period fifteen (15) days prior to the expiration of this Agreement, any such Employee may withdraw from membership in the Union by giving to the City and the Union notice in writing of his intention to do so. Section 3. Upon receipt of a signed written authorization from the Employee, the Employer shall deduct each month from the Employee's wages the Union initiation fee, dues, or other assessments and remit the same to the Secretary of the Union together with an itemized statement indicating each Employee and the amounts deducted for dues, initiation fees, or other assessments. The Employer agrees to remit all deducted monies along with the itemized list to the Union on or before the 15th of the month after such deductions are made. The Employer shall be advised by the Union as to the amounts to be deducted. Section 4. If the Employer is unable to make such deductions from an Employee's pay due to the Employee being off because of sickness, vacation, temporary layoff, or any other reason, the Union will notify the Employer in writing after said Employee returns to work of the delinquent amounts owed by said Employee and the procedure the Employer shall use to deduct the delinquent monies. Section 5. No member of Local No. 401 shall be disciplined or discharged for acting on any Committee in the interest of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. The Employer agrees to grant the necessary time off without discrimination and without pay to any employee member of Local No. 401 designated by the Union to attend a labor convention or serve in any capacity on other official Union business. Section 6. It shall be a condition of employment that all employees of the Company covered by this Agreement shall within thirty (30) days of the effective date violation of this Agreement, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent Contract for any Employer to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of deduct any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct money from the wages and make payable Employee's pay unless agreed to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claimsby said Employee, demandsexcept deductions required by Federal, suits State, County, Municipal or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this Article, including the reasonable costs of any defense made necessary by any such dispute, claims, suit or liabilityBorough laws.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be 6.01 As a condition of employment that all employees of employment, the Company Employer will deduct from each Employee covered by this Agreement an amount equal to the regular monthly Union dues designated by the Union. 6.02 Such dues shall within thirty be deducted from each pay for Employees. In the case of newly hired Employees each Employee shall be subject to a one (301) days time Union Initiation Fee as directed by the Secretary Treasurer of the effective date of this Agreement, become Union. Initiation Fees and remain members of the Union or, Dues deductions shall commence in the alternative, render the Union a monthly sum equivalent to a percentage month of the initiation fees and monthly dues based on the hire. 6.03 The amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum regular monthly dues shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared those authorized by the Union and the Union shall notify the Employer of any changes therein and such notification shall be the Employer’s conclusive authority to be delinquent might violate Federal or State statute or subject make the Company to a charge of discrimination for violation deductions specified. 6.04 In consideration of the rights deducting of such employeeInitiation Fees and Union dues by the Employer, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold save harmless the Company harmless from and Employer against any and all claims, demands, suits claims or other forms of liability that arise out of, liabilities arising or by reason of, any action taken by resulting from the Company pursuant to the provisions operation of this Article, including . 6.05 Monthly deductions shall be made and forwarded to the reasonable costs Secretary Treasurer of any defense made necessary by any the local Union on or before the 15th of the month following which the deductions are made. Any omissions and retroactive deductions shall be submitted with the dues the month following with the reason why dues were missed. 6.06 The Employer agrees to forward a list of dues’ deductions in the existing electronic template. Any changes to the dues template will be at the direction of the Secretary Treasurer at no cost to the Employer. 6.07 The Employer will provide each Employee with a T4 supplementary slip showing the dues deducted in the previous year for income tax purposes where such dispute, claims, suit information is available or liabilitybecomes readily available through the Employer’s payroll system. 6.08 The Employer may hire temporary Nursing Students for the purpose of covering the schedule of Employees who are on vacation under the Collective Agreement. Such temporary Employees shall be treated as probationary Employees for the purposes of this Collective Agreement and shall be terminated from employment at the conclusion of such temporary assignments. The above-noted termination shall not be subject to the grievance or arbitration

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be a condition of employment that all employees of the Company associates covered by this Agreement shall within thirty (30) days who are still members of the effective date of this AgreementUnion on December 1, 1981 shall remain members in good standing; all new associates hired on or after December 1, 1981 shall become and remain members of the Union or, in good standing on the alternative, render the Union a monthly sum equivalent to a percentage completion of the initiation fees and monthly dues based on the amount first ninety (90) days of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Feeemployment. 5.2 It 5.1 Effective March 1, 1982, it shall be a condition of employment that all employees of the Company associates covered by this agreement Agreement and hired on who are not or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, do not become and remain members in good standing of the Union orshall pay an agency fee to the bargaining agent in an amount equivalent to the uniform weekly Union dues. No associate shall be discharged under this article unless the associate (1) receives written notice from the Union as to his failure to become a member or the amount of delinquent dues/agency fees he owes to the Union, in as the alternativecase may be, render and that his discharge will be demanded by the Union if he does not become a member or if such dues/agency fees are not paid within two (2) working days thereafter, as the case may be, and (2) promptly after such demand for the discharge is made he receives written notice from the Company that he will be discharged for failure to join the Union or for failure to pay delinquent dues/agency fees, unless they are paid within two (2) working days thereafter, or unless the associate shows that he is not required to join the Union or does not owe such dues/agency fees, and (3) fails to make such showing or to join the Union or pay the dues/agency fees within the said two (2) working days. 5.2 The Company will deduct and pay to the Union the regular amount of Union membership dues established by the Union Constitution or By-Laws, or its equivalent in agency fees, from the pay on a monthly sum equivalent weekly basis for each associate within the bargaining unit who voluntarily authorizes and directs the Company to make such deductions. In the case of a percentage of new associate employed in the bargaining unit after December 1, 1981, the Company will, if authorized to do so by the said associate, deduct from his first pay following said authorization the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation fee payable to the Union’s total expenditures. Such sums Each such authorization shall be re cognized in writing in the form prescribed in Appendix C attached hereto and shall be governed by the provisions thereof. The Company will make payment to the financial officer of Local 155 of moneys collected on a monthly basis and will provide the Union with a monthly reconciliation. The written dues/agency fees and initiation fee deduction authorization shall be in the form as “Service Feeset forth in Appendix C attached hereto. 5.3 The Union agrees that it will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold save the Company harmless from and against any and all liabilities, claims, demandsresponsibilities, damages, or suits or other forms of liability that which may arise out of, or by reason of, of any action taken by the Company pursuant to in accordance with the provisions terms of this Article, including Article or in reliance upon the reasonable costs authorization mentioned herein. 5.4 There shall be no solicitation of any defense made necessary by any such dispute, claims, suit associates for Union membership or liabilitydues conducted upon the premises of the Company during their working time or in working areas.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be The parties agree that all employees covered hereunder shall, as a condition of employment that all employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreementtheir employment, become and remain members of the Local Union or, in good standing in accordancewith the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount By-LAWSand constitutions of the Union’s collective bargaining expenditures in relation . Any new employee hired after the signing of this agreement shall, prior to the Union’s total expenditures. Such sum completion of his probationary period, make application for membership in the Union and shall be recognized become and remain, a member of the Union in good standing as “Service Fee.” 5.2 It shall be a condition of his continued employment that all employees of with the Company. The Company shall deduct the Local Union Initiation Fees and the weekly regular union dues and special assessments in the amount and manner specified by the Union By-Laws and Constitutions each pay cheque due to each employee covered by this agreement Agreement and hired on or after remit such monies so deducted to the effective date of this agreement shall Union presently located at Road, Ontario, on or before the sixtieth (60th) 15th day following their entry into pay status, become and remain members in good standing of the Union or, month following the month in which such deductions have been made. The Company will at the alternative, render to the Union same submit a monthly sum equivalent to a percentage list of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expendituresemployees whose pay such deductions have been made. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request shall indemnify and save harmless the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms causes of liability that arise action arising out of, or by reason of, in any action taken by way connected with the collection of such dues. The Company pursuant agrees to provide to the provisions Union two (2) times per year when a listing the employees whose pay such deduction are made. This list shall include names, status or new hire, sex and rate pay. In the event that any employee who is required to obtain and maintain membership in good standing in the Union, is denied membership or is suspended or expelled from the Union so that under the terms of this ArticleAgreement such employee may not continue to be employed, including the reasonable costs Union shall send to the Employer, a statement of the reasons for the action being taken in refusing membership or suspending or expelling that person the Union. The Union agrees that, in taking such action against any defense made necessary employee, it shall neither act in a discriminatory manner or membership or impose expulsion or suspension for any reasons contrary to its Constitution or Local Union By-Laws. It shall be the responsibility to show on each employee’s Annual slip, the amount of Union dues paid by such employee during the previous calendar year. The Union the employees covered by this Agreement will not engage Union activities hours or hold meetings at any such dispute, claims, suit or liabilitytime on the premises of the company without the permission of the owners.

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be Section 1 Any employee who is a condition of employment that all employees member of the Company covered by this Agreement shall within thirty (30) days of Union on the effective date of this AgreementAgreement shall, become and remain members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees employment, maintain his membership in the Union to the extent of tendering uniform initiation fees (if any) and periodic dues. Section 2 Any person hired as a new employee and any employee who is hereafter transferred into the Company covered by this agreement and hired bargaining unit on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay statusAgreement shall, as a condition of employment, become and remain members in good standing a member of the Union or(to the extent of tendering uniform initiation fees (if any) and periodic dues) on and after the thirty-first day following the date of employment or transfer, and shall maintain such membership in the alternativeUnion. Section 3 Any employee who is not a member of the Union shall, render as a condition of employment, become a member of the Union (to the extent of tendering uniform initiation fees (if any) and periodic dues) on and after the thirty-first day following the effective date of this Agreement and shall maintain such membership in the Union. Any employee who is on layoff, on leave of absence or absent due to injury or illness shall comply with the requirement of this Section on and after the thirty-first day following his return to work. Section 4 Sections 1, 2, and 3 shall not apply to an employee who is denied a membership in the Union or whose membership therein has been terminated for reasons other than his failure to tender the uniform initiation fees (if any) and periodic dues in such amount as may be fixed by the USW International Secretary-Treasurer in accordance with the procedure prescribed by Article III, Section 7 of this Agreement and applicable law. (a) In the event any employee fails to become a monthly sum equivalent to a percentage member of the initiation fees and monthly duesUnion as provided in Sections 2 or 3 above, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums Union shall be re cognized as “Service Fee.” 5.3 The Union will provide give written notice to the Company and to such employee of such failure, the exact amount owed and the manner in which it was calculated. Such employee shall not be retained in the employ of the Company unless he has, within 2 weeks after receipt of such notice, presented evidence that he has become a member of the Union to the extent of tendering uniform initiation fees (if any) and periodic dues, or that he was denied a membership for reasons other than his failure to tender the uniform initiation fees (if any) and periodic dues in such amount as may be fixed by the USW International Secretary-Treasurer in accordance with the procedure prescribed by Article III, Section 7 of this Agreement and applicable law. (b) Any employee who has become a member of the Union as provided in Sections 2 or 3 above and who thereafter fails to maintain his membership in the Union to the extent of tendering uniform initiation fees (if any) and periodic dues shall not be retained in the employ of the Company, provided that the Union shall have given written notice to the Company and to such employee of such failure, the exact amount owed and the manner in which it was calculated, and such employee shall have failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this ArticleArticle within thirty calendar days after receipt of such notice. Section 6 The provisions of this Article III shall apply to all plants now covered by this Agreement, including except those plants in states where state law now or hereafter prohibits this form of Union security. In the reasonable costs event any such state law is repealed or modified, and such prohibition is removed in whole or in part, the provisions of said Sections shall apply to the extent and under the conditions permitted by law. The Company agrees that where it may legally do so it will enter into an Agency Shop Agreement, or an agreement to deduct uniform fixed fees from non-Union members of the bargaining unit for services rendered, with the International Union or any Local Union which is prevented by state law from applying the union security provisions of this Article III. (a) (see Memo XV-C and Letter A-5) Effective with the effective date of this Agreement, the Company will check off dues, assessments and initiation fees as designated by the USW’s International Secretary-Treasurer, as Union membership dues for each employee for whom the Company has been furnished a current signed written assignment or current signed Union dues check-off authorization. Previously signed and unrevoked current written assignments will continue in effect. (1) All persons who are hereafter employed by the Company in the bargaining unit represented by the Union shall be given by a Company representative before beginning work a copy of this Agreement, a Union membership application, a form of voluntary dues deduction order provided for in Section 7, Paragraph (b)(2) hereof, and a letter over the signature of a Company representative advising the new employees that the Union is the certified bargaining agent for the employees. (2) The form of such Union dues check-off authorizations shall be as determined by the USW, but shall be substantially as follows, unless modifications shall be necessary to conform to applicable law, in which case Union dues check- off authorizations should conform to applicable law: Company , , 20 Plant Date Pursuant to this authorization and assignment, please deduct from my pay each month while I am in employment with the collective bargaining unit in the Company, and irrespective of my membership status in the Union, monthly dues, assessments and (if owing by me) an initiation fee each as designated by the International Secretary/Treasurer of the Union. The aforesaid payment shall be remitted promptly by you to Xxxx Xxxxxxx, or his successor, International Secretary/Treasurer of the United Steelworkers, or its successor, Xxxx Xxxxxxx Xxxxxx, Xxxxxxxxxx, Xx. 00000. This assignment and authorization shall be effective and cannot be cancelled for a period of one (1) year from the date appearing above or until the termination date of the current collective bargaining agreement between the Company and the Union, whichever occurs sooner. I hereby voluntarily authorize you to continue the above authorization and assignment in effect after the expiration of the shorter of the periods above specified, for further successive periods of one (1) year from such date. I agree that this authorization and assignment shall become effective and cannot be cancelled by me during any of such years, but that I may cancel and revoke by giving to the appropriate management representative of the plant in which I am then employed an individual written notice signed by me and which shall be postmarked or received by the Company within fifteen days following the expiration of any defense made necessary by such year or within the fifteen days following the termination date of any collective bargaining agreement between the Company and the Union covering my employment if such date shall occur within one of such annual periods. Such notice of revocation shall become effective respecting the dues for the month following the month in which such written notice is given; a copy of any such disputenotice will be given by me to the Financial Secretary of the Local Union. While contributions or gifts to the USW are not tax deductible as charitable contributions for Federal income tax purposes, claims, suit or liabilitythey may be tax deductible under other provisions of the Internal Revenue Code.

Appears in 1 contract

Samples: Master Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be 6.01 As a condition of employment that all employees of employment, the Company Employer will deduct from each Employee covered by this Agreement an amount equal to the regular monthly Union Dues designated by the Union. 6.02 Such Dues shall within thirty be deducted from each pay for Employees. In the case of newly hired Employees, each Employee shall be subject to a one (301) days time Union Initiation Fee as directed by the Secretary Treasurer of the effective date of this Agreement, become Union. Initiation Fees and remain members of the Union or, Dues deductions shall commence in the alternative, render the Union a monthly sum equivalent to a percentage month of the initiation fees and monthly dues based on the hire. 6.03 The amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum regular monthly Dues shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared those authorized by the Union and the Union shall notify the Employer of any changes therein and such notification shall be the Employer’s conclusive authority to be delinquent might violate Federal or State statute or subject make the Company to a charge of discrimination for violation deductions specified. 6.04 In consideration of the rights deducting of such employeeInitiation Fees and Union Dues by the Employer, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold save harmless the Company harmless from and Employer against any and all claims, demands, suits claims or other forms of liability that arise out of, liabilities arising or by reason of, any action taken by resulting from the Company pursuant to the provisions operation of this Article, including . 6.05 Monthly deductions shall be made and forwarded to the reasonable costs Secretary Treasurer of any defense made necessary by any the local Union on or before the 15th of the month following which the deductions are made. Any omissions and retroactive deductions shall be submitted with the Dues the month following with the reason why Dues were missed. 6.06 The Employer agrees to forward a list of Dues deductions in the existing electronic template. Any changes to the Dues template will be at the direction of the Secretary Treasurer at no cost to the Employer. 6.07 The Employer will provide each Employee with a T4 supplementary slip showing the Dues deducted in the previous year for income tax purposes where such dispute, claims, suit information is available or liabilitybecomes readily available through the Employer’s payroll system. 6.08 The Employer may hire temporary Nursing Students for the purpose of covering the schedule of Employees who are on vacation under the Collective Agreement. Such temporary Employees shall be treated as probationary Employees for the purposes of this Collective Agreement and shall be terminated from employment at the conclusion of such temporary assignments. The above-noted termination shall not be subject to the grievance or arbitration procedures and is not a difference between the Parties. The Employer will offer these hours according to scheduling Appendix “D” and Article 19 before posting these hours externally.

Appears in 1 contract

Samples: Collective Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be a condition of employment that (A) Except as provided below, all employees of individuals employed by the Company College and covered by this Agreement and who do not voluntarily acquire and maintain membership in the Union, shall within thirty be required as a condition of continued employment to pay to the Union each month, beginning no later than thirty-one (3031) days after the date of their initial pay period as a bargaining unit faculty member covered by this Agreement or after the effective date ratification of this Agreement, whichever is later, an agency fee (a service charge as a contribution toward the cost of administration of this Agreement and representation by the Union). The amount of such agency fee shall be determined by the Union in accordance with applicable law, as percentage of full dues uniformly required to be paid as dues and initiation fees by those who choose to become and remain members of the Union. (B) Payment of Union ordues or agency fees, in voluntary contribution to the alternativeSEIU Local 1021 Committee on Political Education (COPE), render the Union a monthly sum equivalent or contributions to a percentage of charitable organization selected from a list approved by the initiation fees College and monthly dues based on the amount of the Union’s collective , may be made by all bargaining expenditures in relation to unit faculty members via the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered check-off procedure provided by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing of the Union or, in the alternative, render to the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company College shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold the Company harmless from and against any and all claims, demands, suits assume no financial or other forms obligation arising out of liability that arise out of, or by reason of, any action taken by the Company pursuant to the provisions of this Article, including and the reasonable costs of Union hereby agrees that it shall indemnify and hold the College harmless from any defense made necessary by any such dispute, claims, suit actions, or liabilityproceedings by a bargaining unit faculty member arising from the College's actions in accordance with this Article. (C) Each payday, the College shall, during the term of this Agreement, deduct from a bargaining unit faculty member's compensation a sum of dues or fees owed to the Union for the pay period covered by that paycheck and authorized under federal labor law, provided the bargaining unit faculty member has furnished the College a written assignment executed in accordance with the law. The Union will provide the College a suitable form for the authorization of this payroll deduction and as to new bargaining unit faculty members; the College will include that form with his/her appointment letter. (D) The College shall remit the dues or fees to the Union along with a list of members and agency fee payers within the first ten (10) working days of the month following the month of collection.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 It shall be a condition of employment that all employees of the Company associates covered by this Agreement shall within thirty (30) days who are still members of the effective date of this AgreementUnion on December 1, 1981 shall remain members in good standing; all new associates hired on or after December 1, 1981 shall become and remain members of the Union or, in good standing on the alternative, render the Union a monthly sum equivalent to a percentage completion of the initiation fees and monthly dues based on the amount first ninety (90) days of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Feeemployment. 5.2 It 5.1 Effective March 1, 1982, it shall be a condition of employment that all employees of the Company associates covered by this agreement Agreement and hired on who are not or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, do not become and remain members in good standing of the Union orshall pay an agency fee to the bargaining agent in an amount equivalent to the uniform weekly Union dues. No associate shall be discharged under this article unless the associate (1) receives written notice from the Union as to his failure to become a member or the amount of delinquent dues/agency fees he owes to the Union, in as the alternativecase may be, render and that his discharge will be demanded by the Union if he does not become a member or if such dues/agency fees are not paid within two (2) working days thereafter, as the case may be, and (2) promptly after such demand for the discharge is made he receives written notice from the Company that he will be discharged for failure to join the Union or for failure to pay delinquent dues/agency fees, unless they are paid within two (2) working days thereafter, or unless the associate shows that he is not required to join the Union or does not owe such dues/agency fees, and (3) fails to make such showing or to join the Union or pay the dues/agency fees within the said two (2) working days. 5.2 The Company will deduct and pay to the Union the regular amount of Union membership dues established by the Union Constitution or By-Laws, or its equivalent in agency fees, from the pay on a monthly sum equivalent weekly basis for each associate within the bargaining unit who voluntarily authorizes and directs the Company to make such deductions. In the case of a percentage of new associate employed in the bargaining unit after December 1, 1981, the Company will, if authorized to do so by the said associate, deduct from his first pay following said authorization the initiation fees and monthly dues, based on the amount of the Union’s collective bargaining expenditures in relation fee payable to the Union’s total expenditures. Such sums Each such authorization shall be re cognized in writing in the form prescribed in Appendix "C" attached hereto and shall be governed by the provisions thereof. The Company will make payment to the financial officer of Local 155 of moneys collected on a monthly basis and will provide the Union with a monthly reconciliation. The written dues/agency fees and initiation fee deduction authorization shall be in the form as “Service Feeset forth in Appendix "C" attached hereto. 5.3 The Union agrees that it will provide written notice to the employee that he has failed to comply with his obligations under this Article. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold save the Company harmless from and against any and all liabilities, claims, demandsresponsibilities, damages, or suits or other forms of liability that which may arise out of, or by reason of, of any action taken by the Company pursuant to in accordance with the provisions terms of this Article, including Article or in reliance upon the reasonable costs authorization mentioned herein. 5.4 There shall be no solicitation of any defense made necessary by any such dispute, claims, suit associates for Union membership or liabilitydues conducted upon the premises of the Company during their working time or in working areas.

Appears in 1 contract

Samples: Collective Bargaining Agreement

UNION SECURITY AND CHECK-OFF. 5.1 3.01 The Union will not nor will any employees engage in any Union activities during working hours or hold meetings at any time on the premises of the Company without the permission of the Company. 3.02 It shall be a condition of employment is agreed that all employees of the Company covered by this Agreement shall within thirty (30) days of the effective date of this Agreement, become and remain who are now members of the Union or, in the alternative, render the Union a monthly sum equivalent to a percentage of the initiation fees and monthly dues based on the amount of the Union’s collective bargaining expenditures in relation to the Union’s total expenditures. Such sum shall be recognized as “Service Fee.” 5.2 It shall be a condition of employment that all employees of the Company covered by this agreement and hired on or after the effective date of this agreement shall on or before the sixtieth (60th) day following their entry into pay status, become and remain members in good standing with the Union during the life of the Agreement. 3.03 It is further agreed that all future employees shall as a condition of employment become members of the Union or, upon successful completion of their probationary period and shall remain as members in good standing with the Union for the term of this Agreement as a condition of continued employment. 3.04 The Company shall deduct the Local Union Initiation Fees and the weekly regular Union dues in the alternative, render amount and manner specified by the Union By Laws and Constitutions from each pay cheque due to each employee covered by this Agreement and remit such monies so deducted to the Union a monthly sum equivalent to a percentage presently located at 000 Xxxxxx Xxxxx, Xxxxxxxxxx, XX X0X 0X0 on or before the 15th day of the initiation fees and monthly dues, based on month following the amount month in which such deductions have been made. The Company will at the same time submit a list of the Union’s collective bargaining expenditures in relation to the Union’s total expendituresemployees from whose pay such deductions have been made. Such sums shall be re cognized as “Service Fee.” 5.3 The Union will provide written notice supply a form to the employee that he has failed to comply with his obligations under this ArticleCompany for the submission of Union dues. If the employee fails to cure the payment delinquency within two weeks following such notice, the Union will request the Company to terminate the employment of such employee. If the Company believes that the discharge of any employee declared by the Union to be delinquent might violate Federal or State statute or subject the Company to a charge of discrimination for violation of the rights of such employee, it shall so notify the Union. In such event, it shall not be required to discharge said employee until the propriety of such discharge has been determined pursuant to the grievance and arbitration procedure. 5.4 It is agreed that the Company shall deduct from the wages and make payable to the Union the initiation fees and current monthly dues of the Union for those employees in 5.5 The Union agrees to indemnify and hold save the Company harmless from any claims arising from the collection of Union dues. 3.05 The dues of the employees which were not deducted due to a mistake will be deducted in double amounts the following month and against any and all claims, demands, suits or other forms of liability that arise out of, or by reason of, any action taken by the Company pursuant each moth thereafter until arrears are fully paid. The Union shall furnish to the provisions Company, once a month, a list of this Articlethe member employees whose dues are in arrears indicating the reasons. 3.06 It shall be the Company's responsibility to show on each employee's annual T-4 slip, including the reasonable costs full amount of any defense made necessary Union dues paid by any such disputeemployee during the previous calendar year. 3.07 New employees shall be documented and Union membership application cards shall be forwarded to the Union office within two (2) weeks of hiring. The Union will supply Union application cards as required to the Company. 3.08 In the event that such dues are changed during the term of the Agreement, claimssuch changes shall be given to the Company, suit or liabilityin writing, by properly authorized Union officials and shall be effective within one (1) month after notice is received.

Appears in 1 contract

Samples: Collective Agreement

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