Common use of UNION SECURITY AND MEMBERSHIP Clause in Contracts

UNION SECURITY AND MEMBERSHIP. Section 1. An Employee who is not a member of the Union at the time this Agreement becomes effective shall as a condition of continued employment, become a member of the Union within ten (10) days after the thirtieth (30th) day following the effective date of this Agreement or within thirty (30) days after the thirtieth (30th) day following the Employee’s date of hire, whichever is later. As a further condition of continued employment, an Employee shall remain a member of the Union, except as otherwise provided in this Article. Section 2. Employees meet the requirement of being members of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union agency fees, as defined by the U.S. Supreme Court in NLRB v. General Motors Corporation, 000 X.X. 000 (1963) and Xxxx v. Communications Workers of America, 000 X.X. 000 (1988). The obligations set forth in this Article shall only be effective to the extent permitted by controlling law. Section 3. In the event that a legal challenge to any provision of this Article is formally filed with an agency or court of competent jurisdiction, and that agency or court of competent jurisdiction accepts the legal challenge, the Company may suspend its obligations under this Article “as specifically ordered to do so” pending the formal decision of the agency or court of competent jurisdiction in reference to filed legal challenge. This action will only be taken after conferring on the matter with the Union. Section 4. In the event the Union requests discharge of an Employee in a non-right to work state for failure to comply with the provisions of this Article, it shall serve written notice on the Company requesting that the Employee be discharged effective no sooner than two (2) weeks after the date of that notice. The notice shall also contain the reasons for discharge. Pursuant to this section, before an Employee is discharged for non-compliance the Employee must first be notified by the Union in writing, via registered mail to the last address the Employee has on file with the Company, to pay the prescribed initiation fee and/or Union dues. The Union, upon requests from the Company, will provide proof of such notice being delivered to the Employee. If the Employee pays the delinquent initiation fee and/or Union dues within two (2) weeks after receipt of notification, the Employee will not be discharged. In the event the Union subsequently determines that the Employee has remedied the default prior to the discharge date, the Union will notify the Company and the Company will not be required to discharge that Employee. Section 5. An Employee shall be required, as a condition of employment in a non-right to work state, to pay money to the Union, or to become a member, or continue membership in the Union. Section 6. The Company will deduct Initiation Fees, Union Dues and Agency Fees from the wages of Employees who voluntarily authorize the Company to do so on a properly executed Union authorization for check-off of dues form or applicable payroll deduction form provided by the Union. Such deductions shall be made from the first paycheck received in which the Employee has sufficient net earnings to cover the Union membership dues or payments. Funds deducted shall be remitted to the Union within fifteen (15) days after the final paycheck received in a calendar month. Section 7. The Union will promptly furnish to the Company a written schedule of the Union Dues, Initiation Fees, and Agency Fees. The Union also agrees to promptly notify the Company in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) day of the month proceeding the date that deductions are to be made. The Company agrees to deduct from the employee’s paycheck all Initiation Fees and periodic dues as required by the Union and voluntary contributions to the Union’s Committee on Political Education (“COPE”) or American Dream Fund (“ADF”) upon presentation by the Union of individual authorizations as required by law, signed by the employees directing their Company to make such deductions from the employee’s paycheck each month. The Union will furnish the Company a written schedule of the employee elections into the COPE or ADF programs. Employees will be permitted to make changes to their participation elections of this COPE and ADF programs in March or September of each year. No other changes will be permitted throughout the year. The Company will transfer the deducted funds to the Union ten (10) days after the second pay date each month. To the extent “written authorization” is used in this Agreement, the parties acknowledge and agree that “written authorization” 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 or payments for remittance to the Union, and authorization for voluntary deductions from wages or payments for remittance to COPE Funds, subject to the requirements of state and federal law. The Company shall accept confirmations from the Union that the Union possesses electronic records of such membership and give full force and effect to such authorizations as “written authorization” for purposes of this Agreement. Section 8. Upon demand of the Company, the Union agrees to defend and indemnify the Company against any loss or claim, which may arise as a result of the Company’s compliance with the Union membership or check off Articles. In addition, the Union agrees to return to the Company any erroneous or improper overpayment made to it. Section 9. Upon execution of this Agreement, the Company will provide to the Union in writing the name, home address, primary telephone number, work location, job classification, part-time/full-time status, shift information, and wage rate of each Employee working at the locations subject to this Agreement. This information shall be transmitted electronically. Employees shall notify the Company in writing of their proper mailing address, email address, home and primary contact phone numbers. The Employees will notify the Company of any change of name, home or email address, phone number, or other pertinent data on the first returned day to work after the change. Notifications will be made to the Employee’s immediate supervisor and to the District Supervisor. The Company shall be entitled to rely on the data supplied by the Employee. The Union will contact Employees at the Company’s request to assist in getting the required data or information.

UNION SECURITY AND MEMBERSHIP. Section 1‌ 5.1. An Employee who is not a member of the Union at the time this Agreement becomes effective shall as a condition of continued employment, become a member of the Union within ten (10) days after the thirtieth (30th) day following the effective date of this Agreement or within thirty (30) days after the thirtieth (30th) day following the Employee’s date of hire, whichever is later. As a further condition of continued employment, an Employee shall remain a member of the Union, except as otherwise provided in this Article. Section 25.2. Employees meet the requirement of being members of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union agency fees, as defined by the U.S. Supreme Court in NLRB v. General Motors Corporation, 000 X.X. 000 (1963) and Xxxx v. Communications Workers of America, 000 X.X. 000 (1988). The obligations set forth in this Article shall only be effective to the extent permitted by controlling law. Section 3. In the event that a legal challenge to any provision of this Article is formally filed with an agency or court of competent jurisdiction, and that agency or court of competent jurisdiction accepts the legal challenge, the Company Employer may suspend its obligations under this Article “as specifically ordered to do so” pending the formal decision of the agency or court of competent jurisdiction in reference to filed legal challenge. This action will only be taken after conferring on the matter with the Union. Section 45.3. In the event the Union requests discharge of an Employee in a non-right to work state for failure to comply with the provisions of this Article, it shall serve written notice on the Company Employer requesting that the Employee be discharged effective no sooner than two (2) weeks after the date of that notice. The notice shall also contain the reasons for discharge. Pursuant to this section, before an Employee is discharged for non-compliance the Employee must first be notified by the Union in writing, via registered mail to the last address the Employee has on file with the Company, to pay the prescribed initiation fee and/or Union dues. The Union, upon requests from the Company, will provide proof of such notice being delivered to the Employee. If the Employee pays the delinquent initiation fee and/or Union dues within two (2) weeks after receipt of notification, the Employee will not be discharged. In the event the Union subsequently determines that the Employee has remedied the default prior to the discharge date, the Union will notify the Company and the Company will not be required to discharge that Employee. Section 5. An Employee shall be required, as a condition of employment in a non-right to work state, to pay money to the Union, or to become a member, or continue membership in the Union. Section 6. The Company will deduct Initiation Fees, Union Dues and Agency Fees from the wages of Employees who voluntarily authorize the Company to do so on a properly executed Union authorization for check-off of dues form or applicable payroll deduction form provided by the Union. Such deductions shall be made from the first paycheck received in which the Employee has sufficient net earnings to cover the Union membership dues or payments. Funds deducted shall be remitted to the Union within fifteen (15) days after the final paycheck received in a calendar month. Section 7. The Union will promptly furnish to the Company a written schedule of the Union Dues, Initiation Fees, and Agency Fees. The Union also agrees to promptly notify the Company in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) day of the month proceeding the date that deductions are to be made. The Company agrees to deduct from the employee’s paycheck all Initiation Fees and periodic dues as required by the Union and voluntary contributions to the Union’s Committee on Political Education (“COPE”) or American Dream Fund (“ADF”) upon presentation by the Union of individual authorizations as required by law, signed by the employees directing their Company to make such deductions from the employee’s paycheck each month. The Union will furnish the Company a written schedule of the employee elections into the COPE or ADF programs. Employees will be permitted to make changes to their participation elections of this COPE and ADF programs in March or September of each year. No other changes will be permitted throughout the year. The Company will transfer the deducted funds to the Union ten (10) days after the second pay date each month. To the extent “written authorization” is used in this Agreement, the parties acknowledge and agree that “written authorization” 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 or payments for remittance to the Union, and authorization for voluntary deductions from wages or payments for remittance to COPE Funds, subject to the requirements of state and federal law. The Company shall accept confirmations from the Union that the Union possesses electronic records of such membership and give full force and effect to such authorizations as “written authorization” for purposes of this Agreement. Section 8. Upon demand of the Company, the Union agrees to defend and indemnify the Company against any loss or claim, which may arise as a result of the Company’s compliance with the Union membership or check off Articles. In addition, the Union agrees to return to the Company any erroneous or improper overpayment made to it. Section 9. Upon execution of this Agreement, the Company will provide to the Union in writing the name, home address, primary telephone number, work location, job classification, part-time/full-time status, shift information, and wage rate of each Employee working at the locations subject to this Agreement. This information shall be transmitted electronically. Employees shall notify the Company in writing of their proper mailing address, email address, home and primary contact phone numbers. The Employees will notify the Company of any change of name, home or email address, phone number, or other pertinent data on the first returned day to work after the change. Notifications will be made to the Employee’s immediate supervisor and to the District Supervisor. The Company shall be entitled to rely on the data supplied by the Employee. The Union will contact Employees at the Company’s request to assist in getting the required data or information.file