Union Shop. Section 2.1 The following provisions shall be in effect during the term of this Agreement. A. It shall be a condition of employment that all employees covered by this Agreement shall become and remain members in the Union on the thirty-first (31st) day following their employment, or the effective date of this Agreement, whichever is later. The requirement of membership hereunder is satisfied by the payment of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed. B. 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 Section, the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer. C. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRB. Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 2 contracts
Samples: Cleaner Agreement, Cleaner Agreement
Union Shop. Section 2.1 The following provisions shall be in effect during All present employees who are members of the term Local Union on the effective date of this subsection or on the date of execution of this Agreement.
A. It , whichever is the later, shall be remain members of the Local Union as a condition of employment employment. Union membership for purposes of this Agreement, is required only to the extent that employees must pay either (i) the Union’s initiation fees and periodic dues or (ii) service fees which in the case of a regular service fee payer shall be equal to the Union’s initiation fees and periodic dues, and in the case of an objecting service fee payer shall be the proportion of the initiation fees and dues corresponding to the portion of the Union’s total expenditures that support representational activities. All present employees who are not members of the Local Union and all employees covered by this Agreement who are hired hereafter shall become and remain members in of the Local Union as a condition of employment on and after the thirty-first (31st) calendar day following the beginning of their employment, employment or on and after the thirty-first (31st) calendar day following the effective date of this subsection or the effective date of this Agreement, whichever is the later. The requirement of An employee who has failed to acquire, or thereafter maintain, membership hereunder is satisfied by in the payment Union as herein provided, shall be terminated seventy-two (72) hours after his/her Employer has received written notice from an authorized representative of the financial obligation of the Local Union’s initiation fee , certifying that membership has been, and periodic dues uniformly imposed.
B. 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 Sectionis continuing to be, the offered to such employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in on the same manner basis as set forth in Article 12.1 (Step Four). If the arbitrator determines all other members and, further, that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written had notice of the determination has been given and opportunity to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and make all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees fee payments. This provision shall be made and become effective as of such time as it may be made and become effective under the provisions of the National Labor Relations Act, but not retroactively. For purposes of this Article, “present employees” and “employees who are hired hereafter” shall include probationary, “casual” and/or “part- time” employees. Such “casual” or because of compliance with “part-time” employees will be required to join the Union security provisions prior to their employment on or after the thirty-first (31st) calendar day following their first (1st) day of this contract or the Xxxx financial core status rules of the NLRBemployment.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 2 contracts
Samples: National Master Agreement, National Master Agreement
Union Shop. Section 2.1 The following provisions shall be in effect during the term of this Agreement.
A. 2.01 It shall be a condition of employment that all employees Employees of the Employer covered by this Collective Agreement who are members of the Union in good standing on the effective date of this Collective Agreement shall remain members in good standing.
2.02 It shall be a condition of employment that those Employees who are not members of the Union on the execution date of this Collective Agreement shall, on or before the thirtieth (30th) day following the execution date of this Collective Agreement, become and remain members in good standing in the Union Union.
2.03 It shall also be a condition of employment that all Employees covered by this Collective Agreement and hired on or after its execution date shall on or before the thirty-first thirtieth (31st30th) day following their employment, or the effective date beginning of this Agreement, whichever is latersuch employment become and remain members in good standing in the Union. The requirement of membership hereunder is satisfied This thirty (30) day period may be extended by the payment of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. Upon receipt by the 2.04 The Employer of a letter from the Union’s Secretary-Treasurer requesting an employee’s discharge because agrees to notify each new Employee that he or she has not met will be required to make application for membership in the requirements of this Section, the employee shall be discharged Union within fifteen thirty (1530) days from the date of employment. The Employer shall notify the Union of the letter if prior thereof the employee does not take proper steps new Employee's name, classification and date of employment.
2.05 Any Employee covered under Article 2.02 and 2.03 above who fails to meet the requirement. If the Employer questions the propriety become a member of the dischargeUnion as therein provided or to whom membership is denied because of his failure to tender initiation fees or dues, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged then within ten (10) days after written notice from the Union, the Employer shall discharge such Employee.
2.06 If membership of any Employee shall be terminated because of his failure to tender Union dues, then within ten (10) days after written notice from the determination has been Union, the Employer shall discharge such Employee.
2.07 The Union reserves the right to deny Union membership to any applicant. An Employee who fails to qualify for membership shall be discharged by the Employer within ten (10) days of written notification by the Union, provided that a justifiable explanation is given to the Employer.
C. The 2.08 A person who has been discharged for failing to become or continue to be a member of the Union in good standing, for any of the reasons outlined above, shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken not be re-hired by the Employer in reliance upon such official written notification by unless he or she shall first become a member of the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBstanding.
Section 2.2 The provisions 2.09 Superintendents shall not be part of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Lawa bargaining unit.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Union Shop. Section 2.1 The following provisions 2.01 It shall be a condition of employment that all employees of the Company covered by this Agreement who are members of the Union in effect during good standing on the term effective date of this Agreementcontract shall remain members in good standing.
A. 2.02 It shall be a condition of employment that those employees who are not members of the Union on the execution date of this contract shall, on or before the thirtieth (30th) day following the execution date of this contract, become and remain members in good standing in the Union.
2.03 It shall also be a condition of employment that all employees covered by this Agreement contract and hired on or after its execution date shall on or before the thirtieth (30th) day following the beginning of such employment become and remain members in good standing in the Union on the thirty-first Union. This thirty (31st30) day following their employment, or the effective date of this Agreement, whichever is later. The requirement of membership hereunder is satisfied period may be extended by the payment of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. Upon receipt by the Employer of a letter from the Union’s Secretary-Treasurer requesting an employee’s discharge because 2.04 The Company agrees to notify each new employee that he or she has not met will be required to make application for membership in the requirements of this Section, the employee shall be discharged Union within fifteen thirty (1530) days from the date of employment. The Company shall notify the Union of the letter if prior thereof the new employee's name, classification and date of employment.
2.05 Any employee does not take proper steps covered under Article 2.02 and 2.03 above who fails to meet the requirement. If the Employer questions the propriety become a member of the dischargeUnion as therein provided or to whom membership is denied because of his failure to tender initiation fees or dues, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged then within ten (10) days after written notice of from the determination has been given to Union, the EmployerCompany shall discharge such employee.
C. 2.06 If membership of any employee shall be terminated because of his failure to tender Union dues, then within ten (10) days after written notice from the Union, the Company shall discharge such employee.
2.07 The Union reserves the right to deny Union membership to any applicant. An employee who fails to qualify for membership shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken be discharged by the Employer in reliance upon such official Company within ten (10) days of written notification by the Union, provided that a justifiable explanation is given to the Company.
2.08 A person who has been discharged for failing to become or continue to be a member of the Union that an employee is not in good standing because standing, for any of failure to pay Union dues the reasons outlined above, shall not be re-hired by the Company unless he or initiation fees or because she shall first become a member of compliance with the Union security in good standing.
2.09 Superintendents shall not be part of a bargaining unit.
2.10 The Union shall not compel the payment of severance to any employee terminated under the provisions of this contract or the Xxxx financial core status rules of the NLRBarticle.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The following provisions 2.01 It shall be a condition of employment that all employees of the Company covered by this Agreement who are members of the Union in effect during good standing on the term effective date of this Agreementcontract shall remain members in good standing.
A. 2.02 It shall be a condition of employment that those employees who are not members of the Union on the execution date of this contract shall, on or before the thirtieth (30th) day following the execution date of this contract, become and remain members in good standing in the Union.
2.03 It shall also be a condition of employment that all employees covered by this Agreement contract and hired on or after its execution date shall on or before the thirtieth (30th) day following the beginning of such employment become and remain members in good standing in the Union on the thirty-first Union. This thirty (31st30) day following their employment, or the effective date of this Agreement, whichever is later. The requirement of membership hereunder is satisfied period may be extended by the payment of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. Upon receipt by the Employer of a letter from the Union’s Secretary-Treasurer requesting an employee’s discharge because 2.04 The Company agrees to notify each new employee that he or she has not met will be required to make application for membership in the requirements of this Section, the employee shall be discharged Union within fifteen thirty (1530) days from the date of employment. The Company shall notify the Union of the letter if prior thereof the new employee's name, classification and date of employment.
2.05 Any employee does not take proper steps covered under Article 2.02 and 2.03 above who fails to meet the requirement. If the Employer questions the propriety become a member of the dischargeUnion as therein provided or to whom membership is denied because of his failure to tender initiation fees or dues, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged then within ten (10) days after written notice of from the determination has been given to Union, the EmployerCompany shall discharge such employee.
C. 2.06 If membership of any employee shall be terminated because of his failure to tender Union dues, then within ten (10) days after written notice from the Union, the Company shall discharge such employee.
2.07 The Union reserves the right to deny Union membership to any applicant. An employee who fails to qualify for membership shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken be discharged by the Employer in reliance upon such official Company within ten (10) days of written notification by the Union, provided that a justifiable explanation is given to the Company.
2.08 A person who has been discharged for failing to become or continue to be a member of the Union that an employee is not in good standing because standing, for any of failure to pay Union dues the reasons outlined above, shall not be re-hired by the Company unless he or initiation fees or because she shall first become a member of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBin good standing.
Section 2.2 The provisions 2.09 Superintendents shall not be part of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Lawa bargaining unit.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 1. The following provisions Employer-Members of the Association shall hire employees to perform the duties and work of Superintendent, Assistant Superintendent, Janitor, Handyperson, Xxxxxx, Fireperson, Doorperson, Elevator Operator, Garbage Handler, and all other persons necessary in the maintenance of the premises owned by the said Employer- Members of the Association and the above classifications shall be in effect during the term of this Agreementcovered hereunder.
A. It shall be a condition 2. The Association and its members recognize the Union as the sole and exclusive bargaining agent for the purpose of bargaining in respect to rates of pay, wages, hours of employment that and all other conditions pertaining to employment of all employees in the aforementioned categories and classifications.
3. The Union and its members recognize the Association as the sole and exclusive bargaining representative for its members and the Union agrees not to negotiate individually with any of said members.
4. All employees in the bargaining unit covered by this Agreement who are members of the Union at the time it becomes effective shall be required, as a condition of continued employment, to maintain such membership in good standing in the Union or tender to the Union the initiation fees and periodic dues that are the obligation of members. All present employees who are not members of the Union shall be required, as a condition of continued employment, to become and remain members in good standing in the Union on the after thirty-first one (31st31) day days following their employmentthe execution of this Agreement or its effective date, or the effective their date of this Agreementemployment, whichever is later. The requirement All employees hereafter hired shall be required, as a condition of membership hereunder is satisfied by continued employment, to become members in good standing of the Union after thirty-one (31) days of their hiring. To be a member in good standing in the Union requires the payment of the financial obligation of the Union’s initiation fee and periodic dues and initiation fees uniformly imposed.
B. required of all Union members. 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 Sectionsection, unless the Employer questions the propriety of doing so, the employee shall be discharged within fifteen (15) 15 days of the letter if prior thereof thereto the employee does not take proper steps to meet the requirementrequirements. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four)Arbitrator. If the arbitrator Arbitrator determines that the employee has not complied with the requirements of this Sectionsection, the employee shall be discharged within ten (10) 10 days after written notice of the determination has been given to the Employer.
C. . 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 section, the Arbitrator shall have the authority to assess liquidated damages. The Union shall indemnifyhave the right to inspect the Employer’s payroll records to determine the employees of the Employer who are covered by this Agreement.
5. Each Employer agrees to deduct the Union’s monthly dues and initiation fees, defend from the pay of each employee from whom it receives written authorization and notification from the Union and will continue to make such deductions while the authorization remains in effect.
(a) Such deductions will be made from the pay for the first full pay period worked by each employee following the receipt of the authorization, (a copy of the form is attached hereto as Exhibit A) and thereafter will be made the first pay day each month, and forwarded to the Union not later than the twentieth day in each and every current month. Such deductions shall constitute trust funds while in the possession of the Employer.
(b) If the Employer fails to remit to the Union the dues deducted in accordance with this section by the twentieth day, the Employer shall pay interest on such dues at the rate of one percent per month beginning on the twenty-first day, unless the Employer can demonstrate the delay was for good cause due to circumstances beyond its control.
(c) The Union agrees to indemnify and save such Employer and the Employer BRAB harmless against from any and all claims, demands, suits, or other forms of liability that shall arise out of or incurred by reason of action taken by such deductions.
6. If a signatory does not revoke the Employer in reliance upon such official written notification by authorization at the Union that an employee is not in good standing because end of failure to pay Union dues a year following the date of authorization, or initiation fees or because of compliance with at the Union security provisions of this contract or the Xxxx financial core status rules end of the NLRB.
Section 2.2 The provisions of this Article 2 current contract, whichever is earlier, it shall be effective in accordance and consistent with deemed a renewal of authorization, irrevocable for another year, or until the applicable provisions expiration of Federal Lawthe next succeeding contract, whichever is earlier.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The following provisions shall be 4.1 As a condition of employment every person employed by the Employer under this Agreement who is a member, or becomes a member of the Union, must remain a member of the Union in effect good standing during the term of this Agreement.
A. It shall be . Any new Technician who is not already a member of the Union shall, as a condition of employment that all employees employment, become a member of the Union after the thirtieth (30th) calendar day following the beginning of their employment.
Section 4.2 The failure of any Technician covered hereunder to become or remain a member of the Union by reason of a refusal to tender the initiation fees or periodic dues so uniformly required shall obligate the Station to discharge such Technician upon written notice to such effect by the Union.
1. The Station agrees to notify the Union in writing within seven (7) calendar days of the date of employment, the name, address, weekly salary and classification of each new Technician covered by this Agreement shall become and remain members Agreement.
2. The Union agrees to notify the Employer within seven (7) calendar days of a change in the designated Shop Xxxxxxx for Technicians covered by this Agreement.
1. The Station agrees to deduct from the wages of its NABET-CWA represented Technicians as, any required periodic dues and to transmit the money so deducted to the appropriate Union on Office. Any NABET-CWA Technician desiring such deductions shall execute an effective wage assignment authorization. Such assignment shall be automatically canceled when the thirty-first Technician is no longer in the collective bargaining unit represented by the Union. Further, the Employer may invalidate the assignment upon written notice to the Local Union if any court or any agency of the United States holds, rules, or declares that any provision of this assignment violates either the Labor Management Relations Act of 1947 (31st) day following their employmentas amended), or the effective date Labor Management Reporting and Disclosure Act of this Agreement, whichever is later1959.
2. The requirement total amount of membership hereunder is satisfied any deduction shall be promptly transmitted by the payment Station by a check drawn to the order of the financial obligation appropriate Union Office of NABET-CWA. Upon issue of such check and transmission of same to the International SecretaryTreasurer of said Union Office, all responsibility on the part of the Union’s initiation fee Station shall cease with respect to any amount so deducted. The Station shall not be bound in any manner to see to the application of the proceeds of any check. The Union and periodic dues uniformly imposed.
B. Upon receipt by Local Union hereby agree to indemnify and save harmless the Employer Station from any claim that may be made upon it for or on account of a letter any such deduction from the Union’s Secretary-Treasurer requesting an employee’s discharge because he or she has not met the requirements wages of this Section, the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employerany Technician.
C. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRB.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The following provisions shall be in effect during the term of this Agreement.
A. 2.01 It shall be a condition of employment that all employees Employees of the Employer covered by this Collective Agreement who are members of the Union in good standing on the effective date of this Collective Agreement shall remain members in good standing.
2.02 It shall be a condition of employment that those Employees who are not members of the Union on the execution date of this Collective Agreement shall, on or before the thirtieth (30th) day following the execution date of this Collective Agreement, become and remain members in good standing in the Union Union.
2.03 It shall also be a condition of employment that all Employees covered by this Collective Agreement and hired on or after its execution date shall on or before the thirty-first thirtieth (31st30th) day following their employment, or the effective date beginning of this Agreement, whichever is latersuch employment become and remain members in good standing in the Union. The requirement of membership hereunder is satisfied This thirty (30) day period may be extended by the payment of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. Upon receipt by the 2.04 The Employer of a letter from the Union’s Secretary-Treasurer requesting an employee’s discharge because agrees to notify each new Employee that he or she has not met will be required to make application for membership in the requirements of this Section, the employee shall be discharged Union within fifteen thirty (1530) days from the date of employment. The Employer shall notify the Union of the letter if prior thereof the employee does not take proper steps new Employee's name, classification and date of employment.
2.05 Any Employee covered under Article 2.02 and 2.03 above who fails to meet the requirement. If the Employer questions the propriety become a member of the dischargeUnion as therein provided or to whom membership is denied because of their failure to tender initiation fees or dues, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged then within ten (10) days after written notice from the Union, the Employer shall discharge such Employee.
2.06 If membership of any Employee shall be terminated because of their failure to tender Union dues, then within ten (10) days after written notice from the determination has been Union, the Employer shall discharge such Employee.
2.07 The Union reserves the right to deny Union membership to any applicant. An Employee who fails to qualify for membership shall be discharged by the Employer within ten (10) days of written notification by the Union, provided that a justifiable explanation is given to the Employer.
C. The 2.08 A person who has been discharged for failing to become or continue to be a member of the Union in good standing, for any of the reasons outlined above, shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken not be re-hired by the Employer in reliance upon such official written notification by unless he or she shall first become a member of the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules standing.
2.09 Superintendents shall not be a part of the NLRBbargaining unit.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Agreement
Union Shop. Section 2.1 The following provisions shall be in effect during 25.1 In accordance with and subject to the term terms and conditions hereinafter set forth, all Field Maintenance Operation employees of the Company now or hereafter subject to this Agreement.
A. It shall be Agreement between the parties hereto, except as hereinafter provided, shall, as a condition of their continued employment that all employees covered by this Agreement shall subject to such Agreement, become and remain members in of the Union on within sixty (60) calendar days of the thirty-date they first (31st) day following their employment, or perform compensated service as such employees after the effective date of this Agreement, whichever and thereafter shall maintain membership in such Union; except that such membership shall not be required of any individual until he has performed compensated service for thirty (30) days within a period of twelve (12) consecutive calendar months.
a. Employees who retain seniority under this Agreement and who are regularly assigned or transferred to full time employment not covered by this Agreement, or who, for a period of thirty (30) days or more, are (1) furloughed on account of force reduction, or (2) on leave of absence, or (3) absent on account of sickness or disability, will not be required to maintain membership as provided in Section 25.1 of this Agreement so long as they remain in such other employment, or furloughed or absent as herein provided, but they may do so at their option. Should such employees return to any service covered by this Agreement and continue therein thirty (30) calendar days or more, irrespective of the number of days actually worked during that period, they shall, as a condition of their continued employment subject to this Agreement, be required to become and remain members of the Union within thirty-five (35) calendar days from the date of their return to service.
b. The seniority status and rights of employees furloughed to serve in the Armed Forces shall not be terminated by reason of any of the provisions of this Agreement, but such employees shall, upon resumption of employment, be considered as new employees for the purposes of applying this Agreement.
c. Employees who retain seniority under this Agreement and who, for reasons other than those specified in subsections (a) and (b) of this Section, are not in service covered by this Agreement, or leave such service, will not be required to maintain membership as provided in Section 25.1 so long as they are not in service covered by this Agreement, but they may do so at their option. Should such employees return to service covered by this Agreement, they shall, as condition to their continued employment, be required, from the date of return to such service, to become and remain members in the Union.
Section 25.3 Nothing in this Article shall require an employee to become or remain a member of the Union if such membership is laternot available to such employee upon the same terms and conditions as are generally applicable to any other member, or if the membership of such employee is denied or terminated for any reason other than the failure of the employee to tender the periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership. The requirement For purposes of membership hereunder is satisfied this Agreement, dues, fees, and assessments shall be deemed to be "uniformly required" if they are required of all employees in the same status at the same time in the Field Maintenance Operation.
a. Each employee covered by the payment provisions of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. Upon receipt this Agreement shall be considered by the Employer of a letter from the Union’s Secretary-Treasurer requesting an employee’s discharge because he or she has not Company to have met the requirements of the Agreement unless and until the Company is advised to the contrary in writing by the Union. The Union will notify the Company in writing by Registered Mail, Return Receipt Requested, or by personal delivery evidenced by receipt, of any employee who it is alleged has failed to comply with the terms of this SectionArticle and who the Union therefore claims is not entitled to continue in employment subject to this Agreement. Upon receipt of such notice, the Company will, within ten (10) calendar days of such receipt, so notify the employee concerned in writing by Registered Mail, Return Receipt Requested, or by personal delivery evidenced by receipt. Copy of such notice to the employee shall be discharged given to the Union. An employee so notified who disputes the fact that he has failed to comply with the terms of this Agreement shall, within fifteen a period of ten (1510) calendar days from the date of receipt of such notice, request the Company in writing by Registered Mail, Return Receipt Requested, or by personal delivery evidenced by receipt, to accord him a hearing. Upon receipt of such request, the Company shall set a date for hearing which shall be held within ten (10) calendar days of the letter if prior thereof date of receipt of request thereof. Notice of the date set for hearing shall be promptly given the employee in writing with copy to the Union by Registered Mail, Return Receipt Requested, or by personal delivery evidenced by receipt. A representative of the Union shall attend and participate in the hearing. The receipt by the Company of a request for a hearing shall operate to stay action on the termination of employment until the hearing is held and the decision of the Company is rendered. In the event the employee concerned does not take proper steps request a hearing as provided herein, the Company shall proceed to meet terminate his seniority and employment under this Agreement not later than thirty (30) calendar days from receipt of the requirementabove described notice from the Union, unless the Company and the Union agree otherwise in writing.
b. The Company shall determine on the basis of the evidence produced at the hearing whether or not the employee has complied with the terms of this Article and shall render a decision within twenty (20) calendar days from the date that the hearing is closed, and the employee and the Union shall be promptly advised thereof in writing by Registered Mail, Return Receipt Requested. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines decision is that the employee has not complied with the requirements terms of this SectionArticle, his seniority and employment under this Agreement shall be terminated within twenty (20) calendar days of the date of said decision except as hereinafter provided or unless the Company and the Union agree otherwise in writing. If the decision is not satisfactory to the employee shall or to the Union, it may be discharged appealed in writing by Registered Mail, Return Receipt Requested, directly to the highest officer of the Company designated to handle appeals under this Agreement. Such appeal must be received by such office within ten (10) calendar days of the date of the decision appealed from and shall operate to stay action on the termination of seniority and employment until the decision on appeal is rendered. The Company shall promptly notify the other party in writing of any such appeal by Registered Mail, Return Receipt Requested. The decision on such appeal shall be rendered within twenty (20) calendar days of the date the notice of appeal is received, and the employee and the Union shall be promptly advised thereof in writing by Registered Mail, Return Receipt Requested. If the decision on such appeal is that the employee has not complied with the terms of this Article, his seniority and employment under this Agreement shall be terminated within twenty (20) calendar days of the date of said decision unless selection of a neutral is requested as provided below, or unless the Company and the Union agree otherwise in writing. The decision on appeal shall be final and binding unless, within ten (10) calendar days from the date of the decision, the Union or the employee involved requests the selection of a neutral person to decide the dispute as provided in Section 25.4(c) below. Any request for selection of a neutral person as provided in Section 25.4(c) below shall operate to stay action on the termination of seniority and employment until not more than ten (10) calendar days from the date the decision is rendered by the neutral person.
c. If, within ten (10) calendar days after written notice the date of a decision on appeal by the highest officer of the determination has been given Company designated to handle appeals under this Agreement, the EmployerUnion or the employee involved requests such highest officer in writing by Registered Mail, Return Receipt Requested, that a neutral be appointed to decide the dispute, a neutral person to act as sole arbitrator to decide the dispute shall be selected by the highest officer of the Company designated to handle appeals under this Agreement or his designated representative, the General President of the Union or his designated representative, and the employee involved or his representative. If they are unable to agree upon the selection of a neutral person, any one of them may request the National Mediation Board in writing to appoint such neutral. The Company, the Union and the employee involved shall have the right to appear and present evidence at a hearing before such neutral arbitrator. Any decision by such neutral arbitrator shall be made within thirty (30) calendar days from the date of receipt of the request for his appointment and shall be final and binding upon the parties. The Company, the employee and the Union shall be promptly advised thereof in writing by Registered Mail, Return Receipt Requested. If the position of the employee is sustained, the fees, salary and expenses of the neutral arbitrator shall be borne in equal share by the Company and the Union; if the employee's position is not sustained, such fees salary and expenses shall be borne by the employee.
C. d. The time periods specified in this Section may be extended in individual cases by written agreement between the Company and the Union.
e. Provisions of investigation and discipline rules contained in this Agreement will not apply to cases arising under this Article.
f. The Union shall indemnifynotify the Company in writing of the title(s) and address(es) of its representatives who are authorized to serve and receive the notices described in this Article. The Company shall notify the Union in writing of the title(s) and address(es) of its representatives who are authorized to receive and serve the notices described in this Article.
g. In computing the time periods specified in this Article, defend the date on which a notice is received or decision rendered shall not be counted.
Section 25.5 Other provisions of this Article to the contrary notwithstanding, the Company shall not be required to terminate the employment of an employee until such time as a qualified replacement is available. The Company may not, however, retain such employee in service under the provisions of this Section for a period in excess of thirty (30) calendar days from the date of the last decision rendered under the provisions of Section 25.4, or thirty (30) calendar days from the date of receipt of notice from the Union in cases where the employee does not request a hearing. The employee whose employment is extended under the provisions of this Section shall not, during such extension, retain or acquire any seniority rights. The position will be advertised as vacant under the bulletining rules of the respective agreements, but the employee may remain on the position he held at the time of the last decision, or at the date of receipt of notice where no hearing is requested pending the assignment of the successful applicant, unless displaced or unless the position is abolished. The above periods may be extended by agreement between the Company and the Union.
Section 25.6 An employee whose seniority and employment under this Agreement is terminated pursuant to the provisions of this Article, or whose employment is extended under Section 25.5, shall have no time or money claims by reason thereof. If the final determination under Section 25.4 of this Article is that an employee’s seniority and employment shall be terminated, no liability against the Company in favor of the Union or other employees based upon an alleged violation, misapplication or noncompliance with any part of this Article shall arise or accrue during the period up to the expiration of the 30-day periods specified in Section 25.5, or while such determination may be stayed by a court, or while a discharged employee may be restored to service pursuant to judicial determination. During such periods, no provision of any other agreement between the parties hereto shall be used as the basis for a grievance or time or money claim by or on behalf of any employee against the Company predicated upon any action taken by the Company in applying or complying with this Article or upon an alleged violation, misapplication or noncompliance with any provision of this Article. If the final determination under Section 25.4 of this Article is that an employee's employment and seniority shall not be terminated, his continuance in service shall give rise to no liability against the Company in favor of the Union or other employees based upon alleged violation, misapplication or noncompliance with any part of this Article.
Section 25.7 In the event that seniority and employment under this Agreement is terminated by the Company under the provisions of this Article, and such termination of seniority and employment is subsequently determined to be improper, unlawful, or unenforceable, the Union shall indemnify and save harmless the Employer harmless Company against any and all claimsliability arising as the result of such improper, demandsunlawful or unenforceable termination of seniority and employment; provided, suitshowever, that this Section shall not apply to any case in which the Company involved is the plaintiff or the moving party in the action in which the aforesaid determination is made, or other forms of in which case such Company acts in collusion with any employee; provided further, that the aforementioned liability that shall arise out of or not extend to the expense to the Company in defending suits by reason of action taken employees whose seniority and employment are terminated by the Employer in reliance upon such official written notification by Company under the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBAgreement other than Article 25.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The following provisions A. It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in effect during good standing on the term effective date of this Agreement shall remain members in good standing and those who are not members on the effective date of this Agree ment shall, on the thirtieth (30th) day following the effective date of this Agreement.
A. , become and remain members in good standing in the Union. It shall also be a condition of employment that all employees covered by this Agreement shall and hired on or after its effective date shall, on the thirtieth (30th) day following the beginning of such employment become and remain members in good standing in the Union. For the purpose of this Article, the execution date of this Agreement shall be considered its effective date.
B. The Union on shall have the thirty-first right to appoint a xxxxxxx. In no instance shall the xxxxxxx be discriminated against for discharging his duties, provided such duties do not interfere with the regular performance of his work for the Employer or in any way interfere with the operation of the business.
C. The Employer agrees to deduct Union dues and initiation fees from the wages of employees in the bargaining unit who voluntarily provide the Employer with a written authorization which shall not be irrevocable for a period of more than one (31st1) day following their employmentyear, or beyond the effective termination date of this Agreement, whichever is lateroccurs sooner. The requirement of membership hereunder is satisfied by the payment of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. Upon receipt Such deduction will be made by the Employer of a letter from the wages of the employees during each calendar month and will be transmitted to the Union’s Secretary-Treasurer requesting an . In the event that no wages are due the employee’s discharge because he , or she has not met that they are insufficient to cover the requirements of this Sectionrequired deduction, the employee deduction for such month shall nevertheless be discharged within fifteen (15) days made from the first wages of the letter if prior thereof adequate amount next due the employee does not take proper steps and will thereupon be transmitted to meet the requirementUnion. If Together with the Employer questions the propriety transmittal of the dischargedeductions referfed to above, the Employer shall immediately submit furnish the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied Union with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice a list of the determination has employees for whom deductions were made. found to have been given and to furnish the The Union agrees to refund promptly any dues improperly deducted and transmitted to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms with a record of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRB.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.refund. TWO
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The following provisions 3.01 All employees coming under the terms of this Agreement shall become members in good standing of the Union, after their probationary period of 60 working days, except Programmer/Analyst, whose probationary period shall be six months, and shall remain members in effect during good standing for the term of this Agreement.
A. It shall be . The foregoing section requiring, as a condition of employment that all employees covered by this Agreement shall become and remain members employment, membership in the Union Union, shall not apply until on or after the thirty-first (31st) sixtieth work day following their employment, the beginning of such employment or the effective date of this Agreement, whichever is the later. The requirement Employer shall not be held to have violated this paragraph, if it employs an employee who is not a member of the Union in good standing, if the Employer has reasonable grounds for believing that membership hereunder is satisfied in the Union was denied to such employee or such employee's membership in the Union was terminated, for reasons other than the failure of the employee to tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union.
Section 3.02 The Employer will check off monthly dues and initiation fees as designated by the payment of the financial obligation officer of the Union’s initiation fee and periodic , as membership dues uniformly imposed.
B. Upon receipt by the Employer of a letter from in the Union’s , on the basis of individually-signed voluntary check-off authorization cards. Once each month the proceeds of these deductions will be paid to the Secretary-Treasurer requesting an employee’s discharge because he or she has not met the requirements of this Section, the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBUnion.
Section 2.2 3.03 Each Administrative Unit covered by this Agreement will give to the designated OPEIU Local Representative of each unit, a list of the employees who have satisfactorily passed their probationary period. The provisions said Local Representative will be responsible for having this employee sign a payroll deduction card, which will be turned over to the Accounting Department of this Article 2 the Employer for processing.
Section 3.04 The Employer agrees to make available to the OPEIU facilities for the mounting of an OPEIU bulletin board. It is understood that the board shall be effective mounted by the OPEIU in accordance a location agreeable to the Employer and consistent said board shall be in keeping with the applicable provisions general surroundings. It is further understood that the material posted on this board by the OPEIU shall not be critical or condemnatory of Federal Lawthe CWA.
Appears in 1 contract
Samples: National Agreement
Union Shop. Section 2.1 The following provisions shall be in effect during A. All employees of the term of this Agreement.
A. It shall be a condition of employment that all employees covered Employer encompassed by this Agreement shall become be required to join the Union and remain members maintain membership in the Union on the thirty-first (31st) day following their in good standing as a condition of employment, except that all new regular full-time employees shall become members of the Union in good standing thirty (30) calendar days after their first date of employment with the employer or thirty (30) calendar days following the effective date of this Agreement, whichever is the later. The requirement of membership hereunder is satisfied by the payment of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. Upon receipt Any action taken by the Employer of a letter from Company with respect to such new regular full-time employees during the Union’s Secretary-Treasurer requesting an employee’s discharge because he or she has not met the requirements of this Section, the employee shall be discharged within fifteen first sixty (1560) days of their employment shall be final and shall not be subject to any other provision(s) of this Agreement.
C. The Employer reserves the letter if prior thereof right (where needed and so designated when hired) to employ temporary employees (or non-employee temporaries) for a period up to ninety (90) consecutive calendar days or ninety (90) cumulative days worked, whichever occurs first. Such individuals shall not be assessed Union dues until and unless they become regular Union members upon working beyond ninety (90) consecutive calendar days or ninety (90) cumulative days. All dues will be retroactively applied based on the employee does not take proper steps to meet the requirement. If the Employer questions the propriety date of the dischargeoriginal employment in such circumstances. Any action taken by the Company during the ninety (90) consecutive or cumulative days work period herein set forth with respect to such temporary employees shall be final and shall not be subject to any other provision(s) of this Agreement.
D. Before using temporary help, the Employer shall immediately submit the matter to an arbitrator selected by the parties agrees that all qualified regular Union employees in the same manner plant currently on layoff or working in departments or product sections experiencing a short term lack of work will be offered available work.
Section 2. As an exception to Section 1.B of this Article, former bargaining unit employee rehired within six (6) months of termination shall be eligible for reinstatement as set forth a member of the bargaining unit upon satisfactory completion of a one (1) calendar month probationary period (adjusted to the nearest Monday).
Section 3. The Employer shall deduct membership dues for each employee who has authorized such deductions in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied writing in accordance with the requirements of this Section, the employee law. “Membership dues” shall be discharged within ten (10) days after written notice deemed to include periodic fixed dues and initiation fees applying equally to all Union members, and shall be deducted from the earnings of the determination has been given to the Employer.
C. The Union employees every two weeks. All monies so deducted shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken be remitted by the Employer in reliance upon such official written notification by to the Chicago & Midwest Regional Joint Board, an affiliate of Workers United/SEIU Chicago, Illinois. Before each pay period, the Union that an employee is not in good standing because shall furnish the Employer with a list of failure all deductions to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBbe made.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Bargaining Agreement (Bluestem Brands, Inc.)
Union Shop. Section 2.1 (a) The following provisions Employer agrees to hire only members in good standing of Local 115. When workmen are required, the Employer shall call the Union for additional men. The Employer shall have the right to request specific members by name so long as they are available, they shall be in effect during supplied by the term of this Agreement.
A. It shall be a condition of employment that all employees covered by this Agreement shall become and remain members in Union. If the Union on is unable to supply qualified, competent men within forty-eight (48) hours, excluding Saturdays, Sundays, and holidays, the thirty-first (31st) day following their employment, or the effective date of this Agreement, whichever is later. The requirement of membership hereunder is satisfied by the payment Employer may hire them elsewhere provided such men make application to become a member of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. 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 Section, the employee shall be discharged Union within fifteen (15) days of commencement of employment, such membership shall not be unreasonably withheld. The Employer reserves the letter if prior thereof the employee does right to hire pre-apprentice workers at a wage rate specified and train them for a period of up to six (6) months. The ratio of apprentices to journeymen shall not take proper steps to meet the requirement. If the Employer questions the propriety exceed 1 in 4.
(b) All employees who are members in good standing of the dischargeUnion and all employees who become members, shall, as a condition of employment, maintain their membership in good standing for the duration of this agreement.
7.02 The Employer shall immediately submit deduct regular monthly Union dues from the matter first pay period in each month from all employees, and all employees shall, as a condition of employment, consent to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four)such deduction. If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer.
C. The Union shall indemnify, defend and save notify the Employer harmless against any in writing such amounts of monthly dues or assessments. The current monthly dues shall be forty-five dollars ($45.00) per month.
7.03 Initiation fees, reinstatement fees and all claimsback dues, demandsas evidenced by a signed authorization from the employee, suits, or other forms of liability that shall arise out of or by reason of action taken will be deducted by the Employer on a monthly basis.
7.04 Monies deducted in reliance upon such official written notification by accordance with 7.02 and 7.03 above shall be remitted to the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with later than the Union security provisions of this contract or the Xxxx financial core status rules fifteenth (15th) day of the NLRBmonth following, together with a list showing the amount deducted for each employee.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Agreement
Union Shop. Section 2.1 The following provisions shall be 5:01 Every employee coming within the scope of the Agreement shall, as a condition of employment, become and remain a member in effect during good standing of the term Union. Employees at the date of signing of this Agreement, will join the Union within two (2) weeks following such date.
A. It shall be 5:02 When new employees are required, the Employer agrees to contact the Union. If competent union members are not available then the Employer may obtain help elsewhere, it being understood that they register with the shop xxxxxxx before commencing work, unless some other system of registering is mutually agreed upon, and then join the Union within two weeks and remain a member in good standing as a condition of employment continuing employment.
5:03 Shop Stewards shall have one (l) year's service with the Employer and will be recognized in all shops and shall not be discriminated against. The Shop Superintendent or Xxxxxxx shall be notified by the Union of the name or names of such shop stewards and in the event of a layoff or reduction in the work forces, such shop stewards shall, at all times, be given preference of continued employment, unless otherwise agreed between the parties hereto, provided they have the necessary skills and qualifications to perform the required work.
5:04 It is understood that the Chairman of the Shop Stewards Committee, after consultation with his Xxxxxxx, shall with permission, during working hours and without loss of time or pay, be allowed to leave his regular duties for a reasonable length of time in order to investigate and settle, if possible, grievances in his jurisdiction. The Union shall provide the Employer with the name of the Chairman of the Shop Stewards Committee.
5:05 Business Agents shall have access to all employees shops covered by this Agreement in the carrying out of their regular duties, after obtaining permission from the Employer, Superintendent or Xxxxxxx; however, in no way will they interfere with the workers during working hours unless permission is granted. The Business Agent may also consult with the job xxxxxxx at any time during working hours after obtaining permission from the Employer or his representative. Such permission is not to be unreasonably withheld.
5:06 Any employee who fails to maintain his membership in the Union as prescribed herein by reason of refusal to pay dues and assessments shall be subject to discharge after seven (7) days' written notice to the Employer of the said employee's written refusal to maintain membership.
(A) Employees covered by this Agreement shall become and remain members in have the Union on the thirty-first right to refuse to cross a legal picket line.
(31stB) day following their employmentThe Employer will not perform work, supply goods, or furnish services of a nature or kind that, except for a lockout or lawful strike, would be performed, supplied or furnished by a struck Employer, if so doing would render the effective date of this Agreement, whichever signatory Employer an ally as that term is later. The requirement of membership hereunder is satisfied defined by the payment Labour Code of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. 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 Section, the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRB.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.B.C.
Appears in 1 contract
Samples: Light Metal Fabricating Agreement
Union Shop. Section 2.1 The following provisions (a) Persons employed by MTA in LI Bus service on December 31, 2011 who were members of the Union at that time will be deemed members of the Union at the start of the Company’s operations, and payroll deductions for their dues will be made in their first paychecks and thereafter in accordance with this Agreement. Persons who were employed by MTA in LI Bus service on December 31, 2011 who were not members of the Union at that time, and persons newly hired by the Company shall become members of the Union as a condition of employment by January 14, 2012. Subsequent new hires shall become members of the Union within thirty (30) days after they start work. For the purpose of this Section, "member of the Union" shall mean each employee who pays dues. If an employee fails or refuses to pay dues within thirty (30) days after they start work or fails to pay dues any time thereafter, they shall be given notice of that and will be given fourteen (14) days to pay their dues. If the employee does not pay dues, or execute a dues deduction authorization form within that additional fourteen (14) day period, the Union will notify the Company and the employee in effect writing and the Company shall then promptly initiate discharge proceedings. Failure or refusal to pay dues will be deemed just cause for discharge.
(b) On each payroll date during the term of this AgreementAgreement on which union membership dues are withheld by it, the Company shall deduct from the pay of each employee as union dues in the amount set by the Union, and shall transmit the same to the Union.
A. It (c) The Union shall, at all times during which the Company is making such deductions, maintain a procedure providing for the refund to any such employee demanding the return of any part of a union dues deduction which represents the employee's pro rata share of expenditures by the organization in aid of activities or causes of a political or ideological nature only incidentally related to terms and conditions of employment. The Union hereby certifies that it has established and there now exists such a procedure.
(d) The Union shall be a condition assume the defense of, and hold the Company harmless from and indemnify it against any loss, cost or expense resulting from any claim, by whomever made, arising out of employment that all employees covered the use of union dues deductions transmitted to it by this Agreement shall become and remain members the Company in the Union on the thirty-first (31st) day following their employment, or the effective date of accordance with this Agreement, whichever is later. The requirement or out of membership hereunder is satisfied by the payment a failure or refusal of the financial obligation Union to make a refund of all or any part of any such deduction, or out of a failure of the Union’s initiation fee and periodic dues uniformly imposedUnion to comply with the provisions of subsection (c) of this section.
B. Upon receipt by (e) Disputes relating to union dues deductions or to their use shall not be arbitrable, nor shall they be subject to any grievance procedure provided for in any labor agreement between the Employer of a letter from Company and the Union’s Secretary-Treasurer requesting an employee’s discharge because he , except those in which the Union claims that the Company has failed or she has not met the requirements of this Section, the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps refused to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter make such deductions and to an arbitrator selected by the parties in transmit the same manner to the Union as set forth in Article 12.1 (Step Four). If herein provided or the arbitrator determines Company claims that the employee Union has not complied failed or refused to comply with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBsubsection (d) above.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The 1. All employees within the bargaining unit are required to become members of the Union on and after the thirtieth (30th) day following provisions shall be in effect during the term date of execution of this Agreement.
A. It shall be agreement and remain members of the Union as a condition of employment. New employees are required to become members of the Union on and after the thirtieth (30th) day following the date of employment that all employees covered by this Agreement shall become and thereafter remain members of the Union in good standing as a condition of continued employment, provided, however, any employee shall be deemed to have such membership in the Union on if the thirtyemployee has paid or tendered the initiation fee and dues uniformly required as a condition of such membership, to the Union or its treasurer.
2. During the life of this agreement and in accordance with the provisions of the Labor Management Relations Act of 1947, and in accordance with the "Authorization of Checkoff of Dues" forms hereinafter set forth, and to the extent permitted by the law of the applicable jurisdiction, the Company agrees to deduct Union Membership dues levied in accordance with the Constitution and By-Laws of the Local Union from the first (31st) day pay of each employee who executes or has executed the following their employment"Authorization for Checkoff of Dues" form. Date:__________________________
I, Clock No. _________, hereby assign to Oil, Chemical and Atomic Workers International Union, A.F.L.-C.I.O., Local 3-556, from any wages earned or to be earned by me as your employee, the appropriate monthly dues and initiation fees in such amount as may hereafter be established by the Union and become due to it, as my membership dues in said Union. I authorize and direct you to deduct such amount from my first pay for each month and to remit same to the Union. This assignment, authorization and directive shall become operative contemporaneous with the effective date of this Agreementthe new collective bargaining agreement between the Employer and Union. This assignment, authorization and directive shall be irrevocable for the period of one (1) year, or until the termination of the said new collective agreement between the Employer and the Union, whichever is later. The requirement occurs sooner; and I agree and direct that this assignment, authorization and directive shall be automatically renewed and shall be irrevocable for successive periods of membership hereunder is satisfied by one (1) year or for the payment period of such succeeding applicable collective agreement between the financial obligation of Employer and the Union’s initiation fee and periodic dues uniformly imposed.
B. Upon receipt , whichever shall be shorter, unless written notice is given by me to the Employer of a letter from and the Union’s Secretary-Treasurer requesting an employee’s discharge because he or she has not met the requirements of this Section, the employee shall be discharged Union within fifteen (15) days prior to the expiration of each period of one (1) year, or the letter if prior thereof the employee does not take proper steps to meet the requirement. If expiration of such applicable collective agreement between the Employer questions and the propriety of the dischargeUnion, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four)whichever occurs sooner. If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRB.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.Witness__________________________________________________________
Appears in 1 contract
Samples: Collective Bargaining Agreement (Carbide Graphite Group Inc /De/)
Union Shop. Section 2.1 SECTION 1. The following provisions shall be in effect during employer agrees that for the term duration of this Agreement.
A. It shall be a condition of employment that , he will require all employees covered hired by this Agreement shall become and remain him to be members in good standing, or to become members in good standing of the International Union on of Painters and Allied Trades (AFL-CIO) after the thirty-first seventh (31st7th) day following the beginning of their employment, employment or the effective date of this Agreement, whichever is the later, and to remain members in good standing thereafter, for the duration of their employment. The requirement A member in good standing is an individual who has met all obligations of union membership hereunder is satisfied by including the payment obligation to pay only such fees and dues which are necessary to support the union's representative activities such as collective bargaining, grievance adjustments and administration of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. this agreement. Upon receipt by the Employer of a letter written notification from the Union’s Secretary-Treasurer requesting Union an employee’s discharge because he or she has employee not met the requirements in compliance shall have his employment terminated within 48 hours of this Section, the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirementsuch notification. If the Employer questions the propriety of the discharge, It is expressly understood and agreed that the Employer shall immediately submit have entire freedom of selectivity in hiring, providing there shall be no discrimination on the matter part of the Employer against any employee or applicant for employment because of his union membership, union activity or because of his non-membership in any union or because of race, creed, color, sex or age. The Parties agree that the Union Security Clause will not be enforced by either party until it is determined by repeal, vote of the General public, or a Court of Competent Jurisdiction. The Union will hold harmless and indemnify the Company due to an arbitrator selected any loss suffered due to the company’s enforcement of this Article III and or Article IV. If, during the term of this Agreement, the National Labor Relations Act shall be amended by the parties Congress in the same such manner as set forth to reduce the time within which an employee may be required to acquire Union membership, such reduced time limit shall become immediately effective, instead of and without regard to anything else contained in Article 12.1 this Agreement. Subject to the provisions of paragraph 1 of Section 1, employees hired outside of the territorial jurisdiction of the Union to perform work outside of its jurisdiction and within the jurisdiction of another local union of International Union of Painters and Allied Trades (Step FourAFL-CIO). If the arbitrator determines that the employee has not , shall be deemed to have complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRB.
Section 2.2 The provisions of this Article 2 by acquiring and retaining membership in the local union in whose jurisdiction such employees perform said work. Whenever the Employer is engaged in work outside the geographical jurisdiction of the Union, he agrees to employ not less than fifty (50) percent of the men employed on such work from among the residents of the area where the work is performed or from among persons who are employed the greater percentage of their time in such area: any others shall be employed only from the contractor's home area. The Employer further agrees that when he is engaged in work outside the geographical jurisdiction of the Union he will comply with all of the lawful clauses of the collective bargaining agreement in effect in said or other jurisdiction and executed by the Employers the industry and the local unions in that jurisdiction, included, but not limited to, the provisions dealing with wages, hours, working conditions, and all fringe benefits therein provided, including all provisions relating to the settlement of grievances, provided, however, that as to employees employed by such Employer from within the geographical jurisdiction of the Union party to this agreement and who are brought into an outside jurisdiction, such employee (employees) shall be entitled to receive the wages and conditions effective in accordance either the home or outside jurisdiction, whichever are more favorable to such employee (employees).
SECTION 2. The Employer shall not recognize or otherwise aid, promote, or finance any competing labor organization, employee representation plan, co-partnership between himself and consistent his employees or any other group which hinders, or interferes with collective bargaining between the Employer and the Union.
SECTION 3. This Agreement shall be binding upon and inure to the benefit of present and future employees of the Employer, the Union and its successors, and the Employer and his successors.
SECTION 4. Employees covered by this agreement shall, during the life hereof, have the right to respect any legal picket line validly established by a bona fide labor organization, and the Employer agrees that the Union party to this agreement has the right to withdraw employees subject to this agreement, from the job site or sites where the Employer has a labor dispute, whenever the Employer, party to this agreement, is involved in a legitimate primary labor dispute with any bona fide labor organization.
SECTION 5. All new employees not affiliated with the applicable provisions Union, those on a clearance card, shall be required to register in person at the District Council office, previous to commencing work. The employee shall receive a registration slip which he is to deposit with the shop or job xxxxxxx.
SECTION 6. Anyone hired as a journeyman drywall finisher after June 1, 2011, who has not been employed by a contributing contractor for a 12-month period preceding his employment, shall be required to complete a one year training program developed by the Apprentice Committee. Employee’s starting pay shall start at 85% of Federal Lawthe journeyman rate. Employer must have employee pre-register at District Council 1M and Apprenticeship School before starting work.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The following provisions (1) It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in effect during good standing on the term date of execution of this Agreement shall remain members in good standing, and those who are not members on the date of execution of this Agreement.
A. , shall on the thirty-first (31st) day following the date of execution of this Agreement, become and remain members in good standing in the Union. It shall also be a condition of employment that all employees covered by this Agreement agreement and hired on or after the execution, shall become and remain members in the Union on the thirty-first (31st) day following their employmentthe beginning of such employment become and remain members in good standing in the Union. This shall not apply to duly elected officers, or the effective date of this Agreement, whichever is later. The requirement of membership hereunder is satisfied by the payment business agents and dispatchers not now members of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposedUnion nor qualified to become members.
B. (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 Section, the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by from the Union that an employee is not in good standing because standing, the Employer agrees to terminate employment of failure said employee forthwith unless such action conflicts with State or Federal laws.
SECTION 2.2. When a position is to pay Union dues or initiation fees or because be filled, the Employer shall provide members of compliance with the Union security provisions with an equal opportunity to fill the position. The Employer shall post the job opening in each office for five (5) calendar days and shall notify the Union of this contract the job opening. The Employer retains the exclusive right to determine the competence and qualifications of the applicants and shall be free to select the applicant the Employer chooses so long as there is no discrimination. At the time a new employee starts to work, the Employer shall immediately notify the Union giving the name of the new employee, starting date and classification.
SECTION 2.3. The Employer or the Xxxx financial core status rules Employer’s representative shall make known to the employee what duties to perform and from whom to receive instructions.
SECTION 2.4. No employee shall be required or permitted to participate in the internal politics or political action of IBEW Local 11, nor shall any employee be required or permitted to campaign for or against any candidates for IBEW Local 11 office. Any employee who engages in conduct prohibited by this Section shall be discharged.
SECTION 2.5. Upon receipt of a duly authorized card, the Employer agrees to deduct or collect initiation and monthly dues of each regular employee, and to deduct or collect each month a work permit fee for all temporary employees on the payroll each month after thirty-one (31) days of employment.
SECTION 2.6. All money deducted or collected by the Employer shall be remitted to the Union on or before the 20th day of the NLRBmonth following that in which the deductions or collections are made. The Employer shall submit to the financial officers of the Union, a monthly record of those employees from whom deductions or collections have been made.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 1. All employees now members of this Union and/or under the jurisdiction of the Union, and all employees who become members pursuant to Article III, Section 3, shall continue to remain members of the Union in good standing for the duration of the Agreement as a term and condition of continued employment; the Authority shall not continue to employ any employee filling a position under the jurisdiction of the Union unless such employee is a Union member in good standing. The following foregoing provisions shall be in effect not apply to office workers who are not members of the Union as of the effective date of this Agreement unless such employees shall become members during the term of this Agreement, but such provisions shall apply to any replacement of such an employee.
A. It Section 2. The Authority shall deduct on each Thursday of each week per annum (except where a holiday occurs on a Thursday, in which case the deduction shall be made on Friday) from the wages of each employee who is a condition member of employment the Union, and who signs a written authorization in form conforming to law, said employee’s dues for that week owed the Union (as such dues shall be prescribed by the Union’s Constitution and Bylaws) and shall turn over to the Treasurer of the Union the total sum so collected forthwith – along with a list of all employees covered by this Agreement from whom the deductions have been made, their job title, marital status, rate of pay, classification (general or clerical), area of work, and current address.
Section 3. The classification of work listed under Schedule 1 hereto annexed shall become and remain be considered areas of work under the jurisdiction of the Union. New positions created in any Department which are not now excluded from the bargaining unit under the provisions of Article II, Section 1, shall be considered as positions under the jurisdiction of the Union.
Section 4. The Union shall have the privilege of maintaining bulletin boards for notices to members under its jurisdiction.
Section 5. The Authority shall not interfere with, restrain, or coerce employees because of membership or lawful activity in the Union on the thirty-first (31st) day following their employmentand shall not directly or by indirection discriminate against, interfere with, coerce, demote, transfer, or the effective date of this Agreement, whichever is later. The requirement of membership hereunder is satisfied by the payment of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. 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 Section, the any employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues membership. Neither party will apply or initiation fees or because of compliance with interpret the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBAgreement contrary to any applicable law pertaining to equal employment opportunity and non-discrimination policy.
Section 2.2 6. The provisions Union and/or its officers, agents, or members shall not unlawfully intimidate or coerce any employee in respect to the employee’s right to work or the employee’s tenure of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Lawemployment.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The following provisions A. It shall be a condition of employment that all employees of the Employer covered by this Agreement who are-members of the Union in effect during good standing on the term date of execution of this Agreement shall remain members in good standing, and those who are not members on the date of execution of this Agreement shall on the thirty- first (31st) day following the date of execution of this Agreement.
A. , become and remain members in good standing in the Union. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after the execution shall become and remain members in the Union on the thirty-first (31st) calendar day following their the beginning of such employment, become and remain members in good standing in the Union. This shall not apply to duly elected officers, business agents or the effective date of this Agreement, whichever is later. The requirement of membership hereunder is satisfied by the payment of the financial obligation those not now members of the Union’s initiation fee , and periodic dues uniformly imposednot qualified to become members.
B. Upon receipt by the Employer of a letter written notice from the Union’s Secretary-Treasurer requesting Union that an employee’s discharge because he or she has employee is not met the requirements of this Section, the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the dischargein good standing, the Employer shall immediately submit the matter agrees to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the terminate employment of said employee has not complied unless such action conflicts with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employerstate or federal laws.
C. The Union shall indemnify, defend and save indemnify the Employer and hold it harmless against any and all suits, claims, demands, suits, or other forms of liability and liabilities that shall arise out of or by reason of any action that shall be taken by the Employer in reliance upon such official written notification by employer for the Union that an employee is not in good standing because purpose of failure to pay Union dues or initiation fees or because of compliance complying with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRB.
Section 2.2 The foregoing provisions of this Article 2 including any attorneys’ fees, costs, and expenses associated with the operation of this provision.
SECTION 2. At the time a new employee starts to work, the Employer shall promptly notify the Union, giving the name of the new employee, starting date, and classification.
SECTION 3. The Employer or the Employer's representative shall make known to the employee what duties to perform and from whom to receive instructions.
SECTION 4. No employee shall, as a condition of employment, be required or permitted to campaign for any individuals who are candidates for a Union office.
SECTION 5. Upon receipt of a duly authorized card, the Employer agrees to deduct or collect initiation and monthly dues of each regular employee, and to deduct or collect each month a work permit fee for all temporary employees on the payroll each month after thirty-one (31) days of employment.
SECTION 6. All money deducted or collected by the Employer shall be effective in accordance and consistent with remitted to the applicable provisions Union on or before the 20th day of Federal Lawthe month following which the deductions or collections are made.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 1. The following provisions Employer-Members of the Association shall hire employees to perform the duties and work of Superintendent, Assistant Superintendent, Janitor, Xxxxxxxxxxx, Xxxxxx, Fireperson, Doorperson, Elevator Operator, Garbage Handler, and all other persons necessary in the maintenance of the premises owned by the said Employer- Members of the Association and the above classifications shall be in effect during the term of this Agreementcovered hereunder.
A. It shall be a condition 2. The Association and its members recognize the Union as the sole and exclusive bargaining agent for the purpose of bargaining in respect to rates of pay, wages, hours of employment that and all other conditions pertaining to employment of all employees in the aforementioned categories and classifications.
3. The Union and its members recognize the Association as the sole and exclusive bargaining representative for its members and the Union agrees not to negotiate individually with any of said members.
4. All employees in the bargaining unit covered by this Agreement who are members of the Union at the time it becomes effective shall be required, as a condition of continued employment, to maintain such membership in good standing in the Union or tender to the Union the initiation fees and periodic dues that are the obligation of members. All present employees who are not members of the Union shall be required, as a condition of continued employment, to become and remain members in good standing in the Union on the after thirty-first one (31st31) day days following their employmentthe execution of this Agreement or its effective date, or the effective their date of this Agreementemployment, whichever is later. The requirement All employees hereafter hired shall be required, as a condition of membership hereunder is satisfied by continued employment, to become members in good standing of the Union after thirty-one (31) days of their hiring. To be a member in good standing in the Union requires the payment of the financial obligation of the Union’s initiation fee and periodic dues and initiation fees uniformly imposed.
B. required of all Union members. 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 Sectionsection, unless the Employer questions the propriety of doing so, the employee shall be discharged within fifteen (15) 15 days of the letter if prior thereof thereto the employee does not take proper steps to meet the requirementrequirements. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four)Arbitrator. If the arbitrator Arbitrator determines that the employee has not complied with the requirements of this Sectionsection, the employee shall be discharged within ten (10) 10 days after written notice of the determination has been given to the Employer.
C. . 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 section, the Arbitrator shall have the authority to assess liquidated damages. The Union shall indemnifyhave the right to inspect the Employer’s payroll records to determine the employees of the Employer who are covered by this Agreement.
5. Each Employer agrees to deduct the Union’s monthly dues and initiation fees, defend from the pay of each employee from whom it receives written authorization and notification from the Union and will continue to make such deductions while the authorization remains in effect.
(a) Such deductions will be made from the pay for the first full pay period worked by each employee following the receipt of the authorization, (a copy of the form is attached hereto as Exhibit A) and thereafter will be made the first pay day each month, and forwarded to the Union not later than the twentieth day in each and every current month. Such deductions shall constitute trust funds while in the possession of the Employer.
(b) If the Employer fails to remit to the Union the dues deducted in accordance with this section by the twentieth day, the Employer shall pay interest on such dues at the rate of one percent per month beginning on the twenty-first day, unless the Employer can demonstrate the delay was for good cause due to circumstances beyond its control.
(c) The Union agrees to indemnify and save such Employer and the Employer BRAB harmless against from any and all claims, demands, suits, or other forms of liability that shall arise out of or incurred by reason of action taken by such deductions.
6. If a signatory does not revoke the Employer in reliance upon such official written notification by authorization at the Union that an employee is not in good standing because end of failure to pay Union dues a year following the date of authorization, or initiation fees or because of compliance with at the Union security provisions of this contract or the Xxxx financial core status rules end of the NLRB.
Section 2.2 The provisions of this Article 2 current contract, whichever is earlier, it shall be effective in accordance and consistent with deemed a renewal of authorization, irrevocable for another year, or until the applicable provisions expiration of Federal Lawthe next succeeding contract, whichever is earlier.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The following provisions 1. It shall be a condition of employment that all em ployees of the Employer covered by this Agreement who are members of the Union in effect during good standing on the term effective date of this Agreement shall 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 fol lowing the effective date of this Agreement.
A. , or date of execu tion, whichever is later, become and remain members in good standing in the Union. It shall also be a condition of employment that all employees covered by this Agreement shall become and remain members in the Union hired on or after its effective date, or date of execution, whichever is later, shall, on the thirty-first (31st) calendar day following their the beginning of such employment, become and remain members in good standing in the Union. (All to be enforced and applied in accordance with the provisions of Section 8 (A) 3 of the National Labor Relations Act as amended.)
2. Employer agrees to discharge any employee for non payment of dues and/or initiation fees, upon seven (7) days written notice from the Union to do so.
3. If and when the Labor-Management Relations Act of 1947 is repealed, revised, changed or modified, insofar as it relates to union security, Employer and Union agree to renegotiate the effective date union security mentioned herein only.
a. The Employer shall check off regular Union dues upon presentation to it of this Agreement, whichever is later. The requirement of membership hereunder is satisfied a lawful checkoff authori zation executed by the payment of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. 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 Section, the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer.
C. The Union shall indemnify, defend certify to the Employer the amount of regular Union dues to be deducted pursuant to the checkoff authoriza tion.
b. Union agrees to indemnify and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall might arise out of or by reason of action taken by or not taken in respect to the Employer in reliance upon such official written notification by deduction of dues made pursuant to the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBAgreement.
Section 2.2 The provisions of this Article 2 5. All dues shall be effective in accordance and consistent with remitted to the applicable provisions Union by check within ten (10) days of Federal Lawdeduction. A list of all employees for whom deductions have been made, indicating the amount deducted from each, shall accompany the check.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The following provisions 2.01 It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in effect during good standing on the term effective date of this Agreementcontract shall remain members in good standing.
A. 2.02 It shall be a condition of employment that those employees who are not members of the Union on the execution date of this contract shall, on or before the thirtieth (30th) day following the execution date of this contract, become and remain members of the Union in good standing.
2.03 It shall also be a condition of employment that all employees covered by this Agreement contract and hired on or after its execution date, shall on or before the thirtieth (30th) day following the beginning of such employment, become and remain members of the Union in good standing.
2.04 The Employer agrees to notify new employees that they will be required to make application for membership in the Union on within thirty (30) days from the thirty-first (31st) day following their employment, or the effective date of this Agreement, whichever is later. The requirement of membership hereunder is satisfied by the payment employment.
2.05 Any employee covered under Articles 2.02 and 2.03 above who fails to become a member of the financial obligation Union as therein provided or to whom membership is denied because of the Union’s initiation fee and periodic dues uniformly imposed.
B. 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 failure to tender
2.06 If membership of this Section, the any employee shall be discharged within fifteen (15) days terminated because of the letter if prior thereof the employee does not take proper steps employee’s failure to meet the requirement. If the Employer questions the propriety of the dischargetender Union dues, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged then within ten (10) days after written notice from the Union the Employer shall discharge such employee.
2.07 The Union reserves the right to deny Union membership to any applicant. An employee who fails to qualify for membership shall be discharged by the Employer within ten (10) days of written notification by the determination has been Union, provided that a justifiable explanation is given to the Employer.
C. The 2.08 A person who has been discharged for failing to become or continue to be a member of the Union in good standing, for any of the reasons outlined above shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken not be rehired by the Employer in reliance upon unless such official written notification by person shall first become a member of the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBstanding.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Labour Agreement
Union Shop. Section 2.1 The following provisions shall be in effect during All present employees who are members of the term Local Union on the effective date of this subsection or on the date of execution of this Agreement.
A. It , whichever is the later, shall be remain members of the Local Union as a condition of employment employment. Union membership for purposes of this Agreement, is required only to the extent that employees must pay either (i) the Union’s initiation fees and periodic dues or (ii) service fees which in the case of a regular service fee payer shall be equal to the Union’s initiation fees and periodic dues, and in the case of an objecting service fee payer shall be the proportion of the initiation fees and dues corresponding to the portion of the Union’s total expenditures that support representational activities. All present employees who are not members of the Local Union and all employees covered by this Agreement who are hired hereafter shall become and remain members in of the Local Union as a condition of employment on and after the thirty-first (31st) calendar day following the beginning of their employment, employment or on and after the thirty-first (31st) calendar day following the effective date of this subsection or the effective date of this Agreement, whichever is the later. The requirement of An employee who has failed to acquire, or thereafter maintain, membership hereunder is satisfied by in the payment Union as herein provided, shall be terminated seventy-two (72) hours after his/her Employer has received written notice from an authorized representative of the financial obligation of the Local Union’s initiation fee , certifying that membership has been, and periodic dues uniformly imposed.
B. 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 Sectionis continuing to be, the offered to such employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in on the same manner basis as set forth in Article 12.1 (Step Four). If the arbitrator determines all other members and, further, that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written had notice of the determination has been given and opportunity to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and make all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because fee payments. This provision shall be made and become effective as of compliance with such time as it may be made and become effective under the provisions of the National Labor Relations Act, but not retroactively. For purposes of this Article, “present employees” and “employees who are hired hereafter” shall include “casual employees” as defined in Article 3, Section 2 of this Agreement. Such “casual employees” will be required to join the Union security provisions prior to their employment on or after the thirty-first (31st) calendar day following their first (1st) day of employment for any Employer signatory to this contract or the Xxxx financial core status rules of the NLRBAgreement.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: National Master Freight Agreement (Yrc Worldwide Inc)
Union Shop. Section 2.1 The following provisions 2.01 It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in effect during good standing on the term effective date of this Agreementcontract shall remain members in good standing.
A. 2.02 It shall be a condition of employment that those employees who are not members of the Union on the execution date of this contract shall, on or before the thirtieth (30th) day following the execution date of this contract, become and remain members of the Union in good standing.
2.03 It shall also be a condition of employment that all employees covered by this Agreement contract and hired on or after its execution date, shall on or before the thirtieth (30th) day following the beginning of such employment, become and remain members of the Union in good standing.
2.04 The Employer agrees to notify new employees that they will be required to make application for membership in the Union on within thirty (30) days from the thirty-first (31st) day following their employment, or the effective date of this Agreement, whichever is later. The requirement of membership hereunder is satisfied by the payment employment.
2.05 Any employee covered under Articles 2.02 and 2.03 above who fails to become a member of the financial obligation Union as therein provided or to whom membership is denied because of the Union’s initiation fee and periodic dues uniformly imposed.
B. Upon receipt by the Employer of a letter from the Union’s Secretary-Treasurer requesting an employee’s discharge because he failure to tender initiation fees or she has not met the requirements of this Sectiondues, the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged then within ten (10) days after written notice from the Union the Employer shall discharge such employee.
2.06 If membership of any employee shall be terminated because of the determination has been employee’s failure to tender Union dues, then within ten (10) days after written notice from the Union the Employer shall discharge such employee.
2.07 The Union reserves the right to deny Union membership to any applicant. An employee who fails to qualify for membership shall be discharged by the Employer within ten (10) days of written notification by the Union, provided that a justifiable explanation is given to the Employer.
C. The 2.08 A person who has been discharged for failing to become or continue to be a member of the Union in good standing, for any of the reasons outlined above shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken not be rehired by the Employer in reliance upon unless such official written notification by person shall first become a member of the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBstanding.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Labour Agreement
Union Shop. Section 2.1 The following provisions Employer agrees to retain in his employ within the Bargaining Unit, only members of the Union in good standing. It is the responsibility of the Employee to maintain membership in good standing as outlined in the International Constitution and Local Union policy. The Employer shall be free to hire new Employees who are not members of the Union, provided the non-members, whether part-time or full-time Employees, shall be eligible for membership in effect the Union and shall make application within ten days after employment and become members within thirty (30) days. The Employer agrees to provide each new Employee, at the time of employment, with a form letter outlining the Employee's responsibility regarding Union membership,the contents of which will be acceptable to the Employer. The Employer agrees to provide the Union with a list showing the name, address and date of hire of each Employee to whom they have presented the form letter. The Employer also agrees to provide the Union with a list of all Employees who have terminated their employment during the term previous month. The Union agrees to pay the costs of this Agreement.
A. It shall be printing the letter DEDUCTION OF UNION DUES The Employer agrees that all Employees (new or returning) shall, as a condition of employment that all employees covered by employment, sign a statement authorizing the Employer to deduct applicable union dues from the first and subsequent wages of the Employee. Persons who refuse to sign this Agreement statement will not be employed. Copies of the signed statements shall become and remain members in immediately be forwarded to the Union on by the thirty-first (31st) day following their employment, or the effective date of this Agreement, whichever is laterEmployer. The requirement Employer agrees to deduct from the wages of membership hereunder is satisfied each employee (as outlined in Article 3.01) initiation fees, union dues, fines and assessments as authorized by the payment regular and proper vote of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. Upon receipt Union membership. Monies deducted during any month shall be forwarded by the Employer of a letter from to the Union’s Secretary-Treasurer requesting an employee’s discharge because he or she has not met Treasurerof the requirements of this Section, Union no later than the employee shall be discharged within fifteen tenth (1510th) days day of the letter if prior thereof following month together with a statement showing the employee does not take proper steps to meet Employeesfor whom the requirement. If deductions have been made and the Employer questions the propriety amount of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employereach deduction.
C. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRB.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Agreement
Union Shop. Section 2.1 1.1 The following provisions Union shall be the sole collective bargaining agent for all Employees working in effect during the term classifications covered by this Agreement for the purpose of collective bargaining with the Employer. There shall be no discrimination against any Employee for Union activity.
1.2 All work performed in the Meat Department will be done by members of the bargaining unit, except store managers, store supervisors, owner's, owner's children or owner's spouses shall be permitted to work in the Meat Department. For the purpose of this Agreement, the Meat Department is defined as the area occupied by the meat storage rooms, the meat preparation rooms, and the service and\or self-service display cases where fresh, smoked, cooked and frozen meats, poultry, fish or sea foods are offered for retail sale. The pricing of all meat products shall be done on the premises. Any work presently performed by meat employees in the stores covered by this Agreement must be done by members of Local #1189 only and if transferred or done by the Employer elsewhere within the area of jurisdiction of this Contract, the Contract shall cover such work to the extent of recognition but wages and other conditions shall be negotiated.
A. 1.3 The current industry practice of preparing retail cuts of fresh or frozen meat for sale shall continue to be done by members of the bargaining unit. The Employer shall be permitted to merchandise block ready beef, primal and sub-primal cuts.
1.4 In the event the contract with the Retail Area Grocers in Northern Minnesota-Wisconsin provides for different arrangements on the pricing or preparation of meat products, the Employer may elect to adopt such practices as a part of this contract.
1.5 It shall be a condition of employment that all employees Employees of the Employer covered by this Agreement who are members of the Union and in good standing on the date of execution of this Agreement shall remain members in good standing and those who are not members on the date of the execution of this Agreement, shall, on or after the 61st day following the execution of this Agreement, become and remain members in good standing in the Union Union. It shall also be a condition of employment that all Employees covered by this Agreement hired on or after its date of execution shall on the thirty-first (31st) 61st day following their the beginning of such employment, become and remain members in good standing in the Union.
1.6 The Employer agrees to deduct Union dues and Initiation fees from the wages of the Employees in the bargaining unit who provide the Employer with a voluntary written authorization, which shall not be irrevocable for a period of more than one (1) year or beyond the effective date termination of this Agreement, whichever is later. occurs sooner.
1.7 The requirement of membership hereunder is satisfied by the payment deduction of the financial obligation Union dues shall be done twice monthly, in the first and third full weeks of the month, and shall be forwarded to the Union as a monthly transmittal. In the event no wages are due the Employee, or are insufficient to cover the required deduction, the deduction for such month shall be made in the succeeding month and forwarded to the Union’s initiation fee and periodic dues uniformly imposed.
B. Upon receipt 1.8 The Employer agrees to furnish to the Union, within a reasonable period of time during each month, a list of Employees hired during the previous month, such list to include the following information: The Employee's name, residence address, Social Security number, rate of pay, store location, date of employment, and classification.
1.9 The Employer also agrees to notify the Union of terminated Employees and the date of termination within a reasonable period of time following termination.
1.10 When requested by the Employer of a letter from to do so, the Union agrees to provide the Employer with suitable forms for providing the new and terminated Employee information described above. All materials relative to dues check-off, new hires, and related items shall be included on one form to be furnished by the Union’s Secretary-Treasurer requesting an employee’s discharge because he or she has not met the requirements .
1.11 Any Employee who is delinquent in payment of this Section, the employee Union dues shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged terminated within ten (10) days after written of notice from the Union of such delinquency unless satisfactory evidence of the determination has been given Employee having paid such delinquent dues is presented to the EmployerEmployer within the ten (10) day period.
C. The 1.12 All Employer rights, functions, responsibilities and authority not specifically limited by the express terms of this Agreement, are retained by the Company and remain exclusively within the rights of the Company.
1.13 Should the Union shall indemnifynegotiate any term, defend and save provision or condition of a collective bargaining agreement with an Employer competitor to the Employer harmless against any and all claimssignatory hereto, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by then the Employer signatory hereto shall, at its election be able to adopt such term, provision or condition as a term, provision or condition of its contract. If a term, provision or condition already exists in reliance upon this contract, then the other term, provision or condition which is, in the opinion of the Employer, more beneficial to the Employer signatory hereto, it shall be substituted therefore. If such official written notification by the Union that an employee is term, provision or condition of a competing Employer does not appear in good standing because of failure this contract, then it shall be added to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBsame as if it were originally contained herein.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The following provisions - Employees covered by this agreement at the time it becomes effective and who are members of the Union at that time shall be in effect during the term of this Agreement.
A. It shall be required as a condition of continued employment that all employees to continue membership in the union.
2.2 - Employees covered by this Agreement agreement who are not members of the union at the time this agreement becomes effective shall be required as a condition of continued employment to become and remain members in of the Union union on the thirty-first thirtieth (31st30th) day following the commencement of their employment, employment or the effective date of execution of this Agreementagreement whichever is later.
2.3 - Employees hired, rehired, reinstated or transferred into the bargaining unit covered by this agreement shall be required as a condition of continued employment to become members of the union on the thirtieth (30th) day following the commencement of the employment in the bargaining unit or the date of execution of this agreement, whichever is later. .
2.4 - Nothing herein contained shall require the Employer to discharge or otherwise discriminate in any way against any employee, if such membership was not available to the employee on the same terms and conditions generally applicable to other members or if membership was denied or terminated for any reason other than the failure of the employee to tender the periodic dues and initiation fee uniformly required as a condition of acquiring or retaining membership.
2.5 - The requirement failure of membership any employee covered hereunder is satisfied to become and remain a member of the union by reason of a refusal to tender the initiation fee (if not already a member) or periodic dues so uniformly required, shall obligate the Employer to discharge such person upon written notice to such effect by the payment union provided:
A) The union has notified such employee by letter addressed to his address last known to the union, specifying that he is delinquent in not tendering periodic dues and/or initiation fees required, and specifying the current amount of such delinquency, and warning him that unless such delinquent dues and fees are tendered within ten (10) calendar days he will be reported to the Employer for termination from employment; and
B) The union has supplied the Employer with written proof that the foregoing procedure has been followed or has supplied the Employer with a copy of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. 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 Section, notice to the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines and notice that the employee has not complied with such request Notwithstanding anything to the requirements of this Sectioncontrary herein, the employee union reserves the right in accordance with its laws to determine who is eligible for union membership. All employees covered by this agreement shall be discharged within required as a condition of continued employment to remain members of the International Federation of Staff and Office Employees No.1 in good standing.
2.6 - The Employer agrees to deduct each week from the wages of the employees covered by this Agreement such Union dues, assessments and initiation fees as the Union advises the Employer are due from such employees, and to remit such monies to the Union immediately following the time of deduction. Provided, however, that the Employer will make such deductions from the wages of the employees who submit to the Employer written authorization to do so. Said authorization shall not be irrevocable for a period in excess of one year, unless it is revoked by written notice not sooner than twenty (20) days nor later then ten (10) days after written notice of the determination has been given prior to the Employer.
C. The Union shall indemnifyexpiration of such one-year period, defend and save or at the expiration of this Agreement, to both the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBby registered mail.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The following provisions shall be in effect during the term of this Agreement.
A. It shall be a condition of employment that all employees 5:01 Every Employee covered by this Agreement shall shall, as a condition of employment, become and remain members a member in good standing of the Union.
5:02 All Employees will register with the Union's shop xxxxxxx before commencing work and then join the Union within 80 hours of employment and remain a member in good standing as a condition of continuing employment. Employees who have previously worked for the Company shall join the Union immediately and be paid at their previous rate level upon rehire.
5:03 Shop stewards shall have 2080 hours of employment with the Company and will be recognized in all shops and shall not be discriminated against. The Company shall be notified by the Union of the name or names of such Shop Stewards and in the event of a layoff or reduction of the work forces, such Shop Stewards shall, at all times, be given preference of continued employment, unless otherwise agreed between the Company and the Union hereto, provided the shop xxxxxxx has the necessary skills to perform the required work. In the event that the entire workforce is reduced to the point where the shop xxxxxxx is laid off, it is agreed that the shop xxxxxxx shall be the first person rehired, provided he has the necessary skills or ability to perform the work required.
5:04 It is understood that the shop xxxxxxx after consultation with the Company shall, with permission, be allowed time off without loss of pay, to leave his regular duties for a reasonable length of time in order to investigate urgent grievances in his jurisdiction.
5:05 The Union Representative shall have access to the plant in the carrying out of their regular duties after obtaining permission from the Company or his representative. However, in no way will they interfere with the Employees during working hours unless permission is granted. The union representative may also consult with the shop xxxxxxx at any time during working hours after obtaining permission from the Company; such permission is not to be unreasonably withheld, but is understood that such consultation will be brief.
5:06 Any Employee who fails to maintain his membership in the Union as prescribed herein from the Company by reason of refusal to pay dues and assessments shall be subject to discharge from employment after seven (7) days' written notice by the Union to the Company of said employee's refusal to maintain his membership.
5:07 The Union reserves the right to render assistance to labour organizations, including the removal of its members from jobs when necessary. Refusal on the thirtypart of Union members to work with non-first (31st) day following their employmentunion workmen shall not be deemed a breach of the Agreement. In all such cases the Company will be given reasonable prior notice.
5:08 The Company may contract out delivery of its products Members in the truck driver positions with seniority at March 1, or 2000 who choose to become contract haulers will remain members of the effective date Union and dues will be deducted pursuant to Article 6 of this Agreement, whichever is later. The requirement of membership hereunder is satisfied by the payment of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. 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 Section, the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety requires additional truckers and they are not members of the dischargeUnion, the Employer shall immediately submit will remit union dues pursuant to Article 6 for said truckers for the matter to an arbitrator selected by the parties month(s) in the same manner as set forth in Article 12.1 (Step Four)which they worked. If the arbitrator determines that the employee has not complied with the requirements The terms of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given Collective Agreement do not apply to the Employercontract haulers.
C. The Union shall indemnify5:09 Actual time spent in negotiations for an Employee participating in negotiations, defend and save during the Employer harmless against any and all claimsEmployee's regular scheduled shift, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by will be paid for at the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBEmployee's regular rate including benefits.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Agreement
Union Shop. Section 2.1 The following provisions It shall be in effect during a condition of employment that all employees of the term Employer covered by this Agreement shall as a condition of employment, pay the regular dues and initiation fees of the Union after the thirtieth (30th) day following the effective date of this Agreement.
A. , and shall do so thereafter. It shall also be a condition of employment that all employees covered by this Agreement who are hired on or after its effective date shall pay regular monthly dues and initiation fees of the Union after the thirtieth (30th) day following the beginning of such employment and shall do so thereafter.
(a) Employees may satisfy their obligation under this Section to become or remain a member of the Union by tendering to the Union that portion of periodic dues and remain members initiation fees universally required as a condition of acquiring or retaining full membership in the Union which is expended on the thirty-first (31st) day following their employment, or the effective date of this Agreement, whichever is later. The requirement of membership hereunder is satisfied by the payment of the financial obligation of activities which are necessary to performing the Union’s duties as an exclusive bargaining representative.
(b) Seven-Day Notice: Upon the failure of any employee to tender his initiation fee or dues to the Union within the period, and periodic dues uniformly imposed.
B. Upon receipt by under the conditions specified in Section 3.1 above, the Union shall notify 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 Section, and the employee shall be discharged within fifteen in writing of such notice, and not more than seven (157) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the dischargethereafter, the Employer shall immediately submit discharge such employee, unless the matter to an arbitrator selected by Union has notified the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines Employer that the employee has not complied with satisfied the requirements for good standing.
(c) The Union agrees to indemnify and hold the Employer harmless from and against any and all demands, claims, damages, losses, liability or expenses, including and without limiting to the generality of this Sectionthe foregoing, attorney’s fees, arising from or growing out of the employee shall be discharged application of Section 3 and 4 by the Employer, provided the Employer gives written notice to the Union within ten (10) days after written notice of receiving such demand, claim, allegation of damages, losses, liability or expenses and the Employer retains the right to approve the defense of any such matter and does not oppose the intervention of the determination Union in any proceeding pertaining to said Claim. Disputes arising from this Article shall not be subject to any grievance and arbitration procedure except for issues pertaining to the deduction and transmission of employee’s money that has been given to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken duly authorized by the Employer in reliance upon such official written notification by employee pursuant to this Article. For the Union that an employee is not in good standing because purpose of failure to pay Union dues or initiation fees or because of compliance with Section 3.1 above, the Union security provisions execution date of this contract or the Xxxx financial core status rules of the NLRB.
Section 2.2 The provisions of this Article 2 Agreement shall be considered as its effective in accordance and consistent with the applicable provisions of Federal Lawdate.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The following provisions shall be in effect during 4:01 Subject to Article 4:02 every employee coming within the term scope of this Agreement.
A. It shall be Agreement shall, as a condition of employment employment, become and remain a member in good standing of the Union. Employees at the date of signing of this Agreement will join the Union within two (2) weeks following such date.
4:02 When new employees above P3b classification in finishing and P4 classification in all other departments are required, the Employer agrees to contact the Union. If competent Union members are not available, then the Employer may obtain help elsewhere. Notwithstanding the foregoing, the Union may refer registered workers to the Employer for consideration to fill P3b or P4 positions, as above, when available. Such help must register with the Shop Xxxxxxx, provided there is a Shop Xxxxxxx on the initial shift, before commencing work. In the event a Shop Xxxxxxx is not on the initial shift worked by the new employee, the new employee shall register with a Shop Xxxxxxx no later than the following working day. New employees shall join the Union within two (2) weeks of the initial shift worked and shall remain members in good standing as a condition of continuing employment. (See Letter of Understanding no. 4)
4:03 Shop Stewards shall have one (1) year service with the Employer and will be recognized in all shops and shall not be discriminated against. The Union shall provide a management representative with the name(s) of such Shop Xxxxxxx(s) and shall promptly notify a management representative when there is a change of a Shop Xxxxxxx. In the event of a lay-off, or reduction in the work forces such Shop Stewards shall, at all times, be given preference for continued employment, unless agreed to otherwise by the parties, provided they have the necessary skills, qualifications and ability to perform the required work.
4:04 It is understood that a Shop Xxxxxxx, after consultation with a management representative, shall with permission, during working hours and without loss of time or pay, be allowed to leave his regular duties for a reasonable period of time in order to investigate and settle, if possible, grievances in his jurisdiction.
4:05 Business agents shall have access to all employees shops covered by this Agreement in the carrying out of their regular duties, only after being granted permission from a management representative, and checking in at the front desk; however, in no way will they interfere with the workers during working hours unless permission is granted. Business agents may also consult with Shop Stewards at any time during working hours after obtaining permission from a management representative; such permission is not to be withheld unreasonably. The Employer will post a notice containing the names of the management representatives and shall promptly notify the Union when there is a change of management representatives.
4:06 Any employee who fails to maintain his membership in the Union as prescribed herein by reason of refusal to pay dues and assessments by check-off, shall be subject to discharge after seven (7) days' written notice from the Union to the Employer.
(A) Employees covered by this Agreement shall become and remain members in have the Union on right to refuse to cross a legal picket line.
(B) The Employer will not perform work, supply goods or furnish services of a nature or kind that, except for lockout or lawful strike, would be performed, supplied or furnished by a struck Employer, if so doing would render the thirty-first (31st) day following their employment, or the effective date of this Agreement, whichever signatory employer an ally as that term is later. The requirement of membership hereunder is satisfied defined by the payment labour laws within the Province of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposedBritish Columbia.
B. 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 Section, the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRB.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Agreement
Union Shop. Section 2.1 The following provisions shall be in effect during CHECK OFF 3
3.01 Each member of the term of this Agreement.
A. It Bargaining Unit shall be a condition member in good standing of employment that all employees covered by the United Food and Commercial Workers Union, Local No. 832. The Company agrees to provide each new employee at the time of hire with Exhibit One, as attached to this Agreement shall become and remain members in to forward the completed Exhibit to the Union on the thirty-first office within ten (31st10) day following their employment, or the effective date of this Agreement, whichever is laterworking days. The requirement Union shall bear the expense of membership hereunder printing and mailing such form letter, the contents to be such that is satisfied by acceptable to the payment of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposedCompany.
B. Upon receipt by 3.02 The Union agrees that the Employer of a letter from the Union’s Secretary-Treasurer requesting Company has one hundred and twenty (120) working days within which to determine whether an employee’s discharge because he or she has not met the requirements of employee is satisfactory to it. Human rights complaints notwithstanding, during this Section120 days, the employee and the Union will have no recourse to the grievance and arbitration procedure. It is understood that time worked on modified duties or as part of a graduated return to work will not be counted for the purposes of calculating the one hundred and twenty (120) working days. Subject to the foregoing, the parties agree that any employee engaged by the Company to work in the Bargaining Unit must make application for membership in the said local Union after having worked thirty (30) days and pay the regular initiation fees and regular dues, and will not be denied membership in the said local Union without just cause.
3.03 Whenever an employee is suspended or expelled, the Union will give the Company in writing the reasons for such action.
3.04 The Company shall deduct from the wages of all employees working in the bargaining unit the amount of regular union dues and initiation fees as may be adopted and designated by the Union. The Union dues shall be discharged deducted from the employees each pay period. Union Dues and Initiation Fees together with a list of names and social insurance numbers of the employees for whom such deductions have been made shall be emailed by the Company to the designated official of the Union within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirementCompany’s accounting period. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer.
C. The Union shall indemnify, defend indemnify and save keep harmless the Employer harmless Company from all claims made against any and it in respect of the deduction of Union dues.
3.05 The Company will indicate on all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay T-4 slips all Union dues or initiation fees or because of compliance with that have been deducted from an employee’s wages during the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBtaxation year.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Agreement
Union Shop. Section 2.1 The following provisions - Employees covered by this agreement at the time it becomes effective and who are members of the Union at that time shall be in effect during the term of this Agreement.
A. It shall be required as a condition of continued employment that all employees to continue membership in the union.
2.2 - Employees covered by this Agreement agreement who are not members of the union at the time this agreement becomes effective shall be required as a condition of continued employment to become and remain members in of the Union union on the thirty-first thirtieth (31st30th) day following the commencement of their employment, employment or the effective date of execution of this Agreementagreement whichever is later.
2.3 - Employees hired, rehired, reinstated or transferred into the bargaining unit covered by this agreement shall be required as a condition of continued employment to become members of the union on the thirtieth (30th) day following the commencement of the employment in the bargaining unit or the date of execution of this agreement, whichever is later. .
2.4 - Nothing herein contained shall require the Employer to discharge or otherwise discriminate in any way against any employee, if such membership was not available to the employee on the same terms and conditions generally applicable to other members or if membership was denied or terminated for any reason other than the failure of the employee to tender the periodic dues and initiation fee uniformly required as a condition of acquiring or retaining membership.
2.5 - The requirement failure of membership any employee covered hereunder is satisfied to become and remain a member of the union by reason of a refusal to tender the initiation fee (if not already a member) or periodic dues so uniformly required, shall obligate the Employer to discharge such person upon written notice to such effect by the payment union provided:
A) The union has notified such employee by letter addressed to his address last known to the union, specifying that he is delinquent in not tendering periodic dues and/or initiation fees required, and specifying the current amount of such delinquency, and warning him that unless such delinquent dues and fees are tendered within ten (10) calendar days he will be reported to the Employer for termination from employment; and
B) The union has supplied the Employer with written proof that the foregoing procedure has been followed or has supplied the Employer with a copy of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposed.
B. 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 Section, notice to the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines and notice that the employee has not complied with such request Notwithstanding anything to the requirements of this Sectioncontrary herein, the employee union reserves the right in accordance with its laws to determine who is eligible for union membership. All employees covered by this agreement shall be discharged within required as a condition of continued employment to remain members of the International Federation of Staff and Office Employees No.1 in good standing. DUES CHECKOFF
2.6 - The Employer agrees to deduct each week from the wages of the employees covered by this Agreement such Union dues, assessments and initiation fees as the Union advises the Employer are due from such employees, and to remit such monies to the Union immediately following the time of deduction. Provided, however, that the Employer will make such deductions from the wages of the employees who submit to the Employer written authorization to do so. Said authorization shall not be irrevocable for a period in excess of one year, unless it is revoked by written notice not sooner than twenty (20) days nor later then ten (10) days after written notice of the determination has been given prior to the Employer.
C. The Union shall indemnifyexpiration of such one-year period, defend and save or at the expiration of this Agreement, to both the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRBby registered mail.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 SECTION 1. - The following provisions shall be employer agrees to require membership in effect during the term of this Agreement.
A. It shall be union, as a condition of continued employment that of all employees covered by performing any of the work specified in Article I of this Agreement shall become and remain members in within eight (8) days following the Union on the thirty-first (31st) day following their employment, beginning of such employment or the effective date of this Agreement, whichever is later. The requirement of the latter, provided the Employer has reasonable ground for believing that membership hereunder is satisfied by available to such employees on the payment same terms and conditions generally applicable to other members and that membership is not denied or terminated for reasons other than the failure of the financial obligation of employee to tender the Union’s periodic dues and initiation fee and periodic dues uniformly imposedrequired as a condition of acquiring or retaining membership.
B. 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 SectionSECTION 2. - Effective June 1, the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge2019, the Employer shall immediately submit deduct out of the matter current wage payable to an arbitrator selected each employee member of the bargaining unit regular monthly membership dues or a service fee each month as designated in writing by the parties Financial Secretary of the Union, provided that the Employer has received from each employee on whose account such deductions are made, a duly executed and unrevoked payroll deduction authorization, in the same manner as set forth in Article 12.1 form noted below, which shall not be irrevocable for a period of more than one (Step Four). If 1) year or beyond the arbitrator determines that the employee has not complied with the requirements termination date of this SectionAgreement, whichever occurs sooner. The Employer shall remit the employee shall be discharged within ten (10) days after written notice sums thus deducted and the names of the determination has been given to employees for whom deductions were made. All such written authorizations or written revocations shall become effective the Employer.
C. month next following the month in which the Employer receives such written authorization or such written revocations. The Union shall indemnify, defend indemnify and save the Employer harmless against from any and all claims, demandsactions, suits, or other judgments, attachments, forms of liability or damages that shall arise out of or by reason of an action taken by the Employer in reliance upon such official written notification by for the Union that an employee is not in good standing because purposes of failure to pay Union dues or initiation fees or because complying with any of compliance with the Union security provisions of this contract or Article. The Union assumes full responsibility for the Xxxx financial core status rules disposition of the NLRBfunds deducted by the Employer as soon as they have been remitted by the Employer to the Financial Secretary of the Union.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The following provisions shall be 5:01 Every employee coming within the scope of this Agreement shall, as a condition of employment, become and remain a member in effect during good standing of the term Union. Employees at the date of signing of this Agreement, will join the Union within two (2) weeks following such date.
A. It shall be 5:02 When new additional employees are required, the Employer agrees to contact the Union dispatch hall for such. If after 48 hours (2 working days) the Union is unable to supply competent Union members, then the Employer may obtain help elsewhere, it being understood that they register with the shop xxxxxxx before commencing work and remain members in good standing as a condition of employment continuing employment. The Employer may interview any candidates provided by the Union and should the Employer determine that the individual is not qualified, the Employer will not be required to hire that person. The Union reserves the right to challenge that decision through the grievance procedure, if necessary.
5:03 Head and Assistant Shop Stewards shall have one (1) year's service with the Employer and shall not be discriminated against. Management shall be notified by the Union of the name or names of such shop stewards and in the event of a layoff or reduction in the work forces, such shop stewards shall, at all times, be given preference of continued employment, unless otherwise agreed between the parties hereto, provided he/she has the necessary skills and qualifications to perform the required work. New employees will be provided with a copy of the current Collective Agreement which they shall familiarize themselves with on their own time. Should they have any questions, they may approach the shop xxxxxxx who will be given reasonable time to clarify their questions.
5:04 It is understood that the Head or Assistant Shop Stewards after consultation with Management, shall with permission, during working hours and without loss of time or pay, be allowed to leave his/her regular duties for a reasonable length of time in order to investigate and settle, if possible, grievances in his/her jurisdiction.
5:05 Business Agents shall have access to all shops covered by this Agreement in the carrying out of their regular duties, after obtaining permission from Management, however, in no way will they interfere with the workers during working hours unless permission is granted. The Business Agent may also consult with the Shop Xxxxxxx at any time during working hours after obtaining permission from Management or his/her representative; such permission is not to be unreasonably withheld. The Head Shop Xxxxxxx shall remain in the presence of the Business Agent whenever they are in official Union/ Management meetings unless both the Employer and the Business Agent agree otherwise.
5:06 Any employee who fails to maintain his/her membership in the Union as prescribed herein by reason of refusal to pay dues and assessments by check-off, shall be subject to discharge after seven (7) days' written notice to the Employer.
5:07 Employees covered by this Agreement shall become and remain members in have the Union on the thirty-first (31st) day following their employment, or the effective date of this Agreement, whichever is later. The requirement of membership hereunder is satisfied by the payment of the financial obligation of the Union’s initiation fee and periodic dues uniformly imposedright to refuse to cross a legal picket line.
B. 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 Section, the employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in the same manner as set forth in Article 12.1 (Step Four). If the arbitrator determines that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written notice of the determination has been given to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees or because of compliance with the Union security provisions of this contract or the Xxxx financial core status rules of the NLRB.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Union Shop. Section 2.1 The following provisions shall be in effect during All present employees who are members of the term Local Union on the effective date of this subsection or on the date of execution of this Agreement.
A. It , whichever is the later, shall be remain members of the Local Union as a condition of employment employment. Union membership for purposes of this Agreement, is required only to the extent that employees must pay either
(i) the Union’s initiation fees and periodic dues or (ii) service fees which in the case of a regular service fee payer shall be equal to the Union’s initiation fees and periodic dues, and in the case of an objecting service fee payer shall be the proportion of the initiation fees and dues corresponding to the portion of the Union’s total expenditures that support representational activities. All present employees who are not members of the Local Union and all employees covered by this Agreement who are hired hereafter shall become and remain members in of the Local Union as a condition of employment on and after the thirty-first (31st) calendar day following the beginning of their employment, employment or on and after the thirty-first (31st) calendar day following the effective date of this subsection or the effective date of this Agreement, whichever is the later. The requirement of An employee who has failed to acquire, or thereafter maintain, membership hereunder is satisfied by in the payment Union as herein provided, shall be terminated seventy-two (72) hours after his/her Employer has received written notice from an authorized representative of the financial obligation of the Local Union’s initiation fee , certifying that membership has been, and periodic dues uniformly imposed.
B. 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 Sectionis continuing to be, the offered to such employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in on the same manner basis as set forth in Article 12.1 (Step Four). If the arbitrator determines all other members and, further, that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written had notice of the determination has been given and opportunity to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and make all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees fee payments. This provision shall be made and become effective as of such time as it may be made and become effective under the provisions of the National Labor Relations Act, but not retroactively. For purposes of this Article, “present employees” and “employees who are hired hereafter” shall include probationary, “casual” and/or “part-time” employees. Such “casual” or because of compliance with “part-time” employees will be required to join the Union security provisions prior to their employment on or after the thirty-first (31st) calendar day following their first (1st) day of this contract or the Xxxx financial core status rules of the NLRBemployment.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: National Master Agreement
Union Shop. Section 2.1 The following provisions shall be in effect during (a) All present employees who are members of the term Local Union on the effective date of this subsection or on the date of execution of this Agreement.
A. It , whichever is the later, shall be remain members of the Local Union as a condition of employment employment. Union membership for purposes of this Agreement, is required only to the extent that employees must pay either (i) the Union’s initiation fees and periodic dues or (ii) service fees which in the case of a regular service fee payer shall be equal to the Union’s initiation fees and periodic dues, and in the case of an objecting service fee payer shall be the proportion of the initiation fees and dues corresponding to the portion of the Union’s total expenditures that support representational activities. All present employees who are not members of the Local Union and all employees covered by this Agreement who are hired hereafter shall become and remain members in of the Local Union as a condition of employment on and after the thirty-first (31st) calendar day following the beginning of their employment, employment or on and after the thirty-first (31st) calendar day following the effective date of this subsection or the effective date of this Agreement, whichever is the later. The requirement of An employee who has failed to acquire, or thereafter maintain, membership hereunder is satisfied by in the payment Union as herein provided, shall be terminated seventy-two (72) hours after his/her Employer has received written notice from an authorized representative of the financial obligation of the Local Union’s initiation fee , certifying that membership has been, and periodic dues uniformly imposed.
B. 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 Sectionis continuing to be, the offered to such employee shall be discharged within fifteen (15) days of the letter if prior thereof the employee does not take proper steps to meet the requirement. If the Employer questions the propriety of the discharge, the Employer shall immediately submit the matter to an arbitrator selected by the parties in on the same manner basis as set forth in Article 12.1 (Step Four). If the arbitrator determines all other members and, further, that the employee has not complied with the requirements of this Section, the employee shall be discharged within ten (10) days after written had notice of the determination has been given and opportunity to the Employer.
C. The Union shall indemnify, defend and save the Employer harmless against any and make all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Employer in reliance upon such official written notification by the Union that an employee is not in good standing because of failure to pay Union dues or initiation fees fee payments. This provision shall be made and become effective as of such time as it may be made and become effective under the provisions of the National Labor Relations Act, but not retroactively. For purposes of this Article, “present employees” and “employees who are hired hereafter” shall include probationary, “casual” and/or “part- time” employees.” Such “casual” or because of compliance with “part-time” employees will be required to join the Union security provisions prior to their employment on or after the thirty-first (31st) calendar day following their first (1st) day of this contract or the Xxxx financial core status rules of the NLRBemployment.
Section 2.2 The provisions of this Article 2 shall be effective in accordance and consistent with the applicable provisions of Federal Law.
Appears in 1 contract
Samples: National Master DHL Agreement