ARTICLE 5
Union Security
Section 1.
Any employee who is a member of the
Union on the day of the signing of this Agreement shall, as a condition of
employment, maintain his or her membership in the Union thereafter for the
duration of this Agreement, or tender to the Union a monthly Agency or
Service Fee for the duration of this Agreement.
Section 2.
Any employee who is not a member of
the Union on the day of the signing of this Agreement shall as a condition
of employment, commencing no later than the thirtieth calendar day
following the execution of this Agreement, or the thirtieth calendar day
following the beginning of his or her employment, whichever is later,
either (1) become a member of the Union and maintain his or her membership
in the Union thereafter for the duration of this Agreement, or (2) tender
to the Union a monthly Agency or Service Fee (hereinafter "Service Fee")
in an amount permitted by law, not in excess of the monthly membership
dues of Union members.
Section 3.
Upon written request from the
Union, the Company shall terminate the employment of an employee who fails
to comply with the requirements of Sections 1 or 2 of this Article;
provided a copy of the Union's request has been sent via certified mail,
return receipt requested, to both the Company and the delinquent employee
at least fifteen (15) days prior to the date on which the employee is to
be terminated; and further provided that the delinquent employee has not
cured his or her delinquency prior to the date proposed for his or her
termination.
Section 4.
The Company agrees to deduct
monthly, in four (4) equal installments, Union dues in whatever sum
is established by the local Union as the regular monthly dues uniformly
required as a condition of retaining membership therein upon the receipt
of an assignment. The Company also agrees to deduct from the earnings of
an employee one (1) Initiation Fee in whatever amount is authorized by
such employee on a properly executed assignment card which is delivered to
the Company. The Company also agrees to deduct a monthly Service Fee,
also in four (4) equal installments, in whatever sum permitted by
law is established by the local Union, not in excess of the monthly
membership dues of Union members, upon the receipt of a properly executed
assignment card.
The sum which represents such monthly Union dues or Service Fees shall be
certified to the Company as constituting such by the Secretary-Treasurer
of the local Union. If the sum once certified is changed, the amount
deducted from the earnings of an employee who has authorized such
deduction shall not be increased or decreased until 30 days' written
notice of such change has been received by the Company from the
Secretary-Treasurer of Lodge 700/1746/1746-A.
Section 6.
Deductions provided for in Section
4 shall be remitted to the Secretary-Treasurer of the local Union by the
last day of the month in which the deduction is made whenever
practicable. The Company shall furnish the Secretary-Treasurer of the
local Union on or about the 5th day of the month following the month in
which the deduction is made a record of the employees from whose earnings
deductions have been made and the amounts of the deductions.
Section 7.
The Company's obligation to make
such deductions shall terminate automatically upon termination of the
employee who signed the authorization or upon his transfer to a plant
(other than another plant of the Company covered by an effective contract
with the I.A.M.A.W. which provides for check-off of dues or a Service
Fee), department, or job not covered by this Agreement, except that
deductions shall be resumed if an employee, terminated by layoff, is
rehired with seniority.
Section 8.
The Union agrees that it will
indemnify and save the Company harmless from any and all liability, claim,
responsibility, damage, or suit which may arise out of any action taken by
the Company in accordance with the terms of this Article or in reliance
upon the authorization described herein, in an amount not to exceed the
sum received by the Union on account of the deductions made from the
earnings of such employee or employees.
Section 9.
A Company orientation program is
normally held for new, recalled or rehired employees on their first day of
employment. Concurrent with the orientation, newly hired/reinstated
employees will be afforded an opportunity to meet with a Union official to
receive payroll deduction assignment cards for Union dues and the
Initiation Fee, or Agency or Service Fee. The Union shall assume all
responsibility for the distribution and collection of payroll deduction
assignment cards for Union dues and the Initiation Fee, or Agency/Service
Fees. There shall be no solicitation of employees for Union membership,
dues or Service Fees conducted upon the premises of the Company during
working time by the Union, its representatives or by employees; nor shall
there by any distribution or collection of payroll deduction assignment
cards for Union dues, the Initiation Fee, or Service Fees conducted upon
the premises of the Company during working time by the Union, its
representatives or by employees.
Section 10.
The check-off assignment cards
herein provided for shall be submitted by the local Union to the office of
the appropriate Manager, Human Resources of the respective plant not later
than the fifteenth day of the month preceding the month in which deduction
of Union dues and the Initiation Fee or Service Fee is first made.
Section 11.
Check-off assignments shall be
submitted with a letter of transmittal signed by an authorized officer of
the local Union listing in duplicate the name, department number, clock
number, and the amount of dues and the Initiation Fee, or Service Fee, to
be deducted from the earnings of the employees who signed such
assignments.
Section 12.
The Company shall forward to the
local Union each month the following information listed in alphabetical
order:
(a)
The names, departments, clock numbers and
social security numbers of employees who authorized deduction of Union
dues and the Initiation Fee, or Service Fee and from whose wages such a
deduction has been made during the current month.
(b)
The names of employees who authorized the
deduction of Union dues and the Initiation Fee, or Service Fee and from
whose wages no such deduction was made because of insufficient earnings
during the pay period for which the deduction was authorized.
(c)
The names of employees who
authorized such deduction but whose assignment became ineffective pursuant
to Section 7 of this Article by reason of the termination of their
employment or transfer to a job not covered by this Agreement.
Section 13.
If in any payweek of any month the
earnings of any employee who authorized such deductions are insufficient
to permit deductions to be made, the Company will make the appropriate
deductions from the employee's earnings in the following week's pay;
providing, however, if there are still insufficient funds, the Company
will make the appropriate deductions in the next succeeding week's pay, up
to the first payweek of the next succeeding month.
Section 14.
If, by the last pay period of the
succeeding month in which deductions were to be made, the earnings of an
employee who authorized such deductions are insufficient to permit such
deductions to be made, the obligation of the Company to deduct Union dues
or a Service Fee will then revert to a current basis, and it is understood
that the Company will have no further obligation for the collection of
past dues or fees in such cases.
Section 15.
A check in the total amount of dues
and initiation fees and service fees deducted by the Company shall be
drawn each month by the Company to the order of Lodge 700/1746/1746-A,
International Association of Machinists and Aerospace Workers, as
appropriate, and shall be sent by Registered Mail, Return Receipt
Requested, to the Secretary-Treasurers thereof.
Section 16.
The Company's obligations set forth
in this Article of the contract shall terminate automatically in the event
of any strike, sympathy strike, sit-down, slowdown, concerted stoppage of
work, or picketing of the Company's plant by employees of the Company;
provided, however, that said obligations shall not terminate if the Union
has complied with the provisions of Article 24 of this Agreement.
Section 17.
It is agreed that the Company shall
honor check-off assignment cards only when such cards are properly
executed in the form, basic color, paper stock and size of the samples
attached hereto and made a part of this Agreement.
Section 18.
All of the provisions of this
Article shall be effective to the extent permitted by applicable law.
|