| SECTION 29 - UNION SECURITY A. COLLECTIVE BARGAINING SERVICE CHARGE 1. Each Flight Attendant covered by this Agreement who fails to voluntarily acquire or maintain membership in the Union shall be required, as a condition of continued employment, beginning thirty (30) days after the effective date of this Agreement, or thirty (30) days after her/his date of hire, whichever is later, to pay to the Union each month a service charge in an amount equal to the Unions regular and usual monthly dues, initiation fees, and assessments, including MEC assessments, as a contribution for the administration of this Agreement and the representation of the Flight Attendants. 2. If a Flight Attendant covered by this Agreement becomes delinquent in the payment of her/his service charges, membership dues, initiation fees and/or assessments, including MEC assessments, the Union shall notify the Flight Attendant by certified mail, return receipt requested, with copies to the Vice President of Labor Relations, or designee, that she/he is delinquent in the payment of the service charge or membership dues as specified herein and is subject to discharge as a Flight Attendant of the Company. The letter shall also notify the Flight Attendant that she/he must remit the required payment within a period of fifteen (15) days from the date of receipt or be discharged. 3. If, upon the expiration of the fifteen (15) day period, the Flight Attendant still remains delinquent, the Union shall certify in writing to the Vice President of Labor Relations or designee, with copies to the Flight Attendant, that the Flight Attendant has failed to remit payment within the grace period allowed and is therefore to be discharged. The Vice President of Labor Relations, or designee, shall thereupon take proper steps to discharge the Flight Attendant from the service of the Company. 4. A grievance by a Flight Attendant who is to be discharged as a result of an interpretation or application of the provisions of this Section shall be subject to the following procedures:
b. The Vice President of Labor Relations, or designee, shall forward her/his decision to the Flight Attendant, with a copy to the Union. The decision shall be final and binding on all interested parties unless appealed. If the decision is not satisfactory to the Union then it may appeal the decision through the grievance procedure. If the decision is not satisfactory to the Flight Attendant, then she/he may appeal the decision within ten (10) days from the date of receipt, directly to a neutral referee who must be agreed upon by the Flight Attendant and the Union within ten (10) days thereafter. c. In the event the parties fail to agree upon a neutral referee within the specified period, either the Flight Attendant or the Union may request the National Mediation Board to name such neutral referee. d. The decision of the neutral referee shall be final and binding on all parties to the dispute. The fees and charges of such neutral shall be borne equally by the Flight Attendant and the Union. 5. During the period a grievance is being handled under the provisions of this Section, and until the later of a final disposition by the Vice President of Labor Relations, or designee, or the neutral referee, the Flight Attendant shall not be discharged from the Company nor lose any seniority rights because of noncompliance with the terms and provisions of this Section. a. A Flight Attendant discharged by the Company under the provisions of this Section shall be deemed to have been "discharged for cause" within the meaning of the terms and provisions of this Agreement. b. The Company shall not be liable for any time or wage claims of any Flight Attendant discharged by the Company pursuant to a written demand by an authorized Union representative under the terms of this Section.
6. It is understood that he requirements of Paragraph A.1. shall not apply to a Flight Attendant during the periods of time she/he holds a management or supervisory position. B. METHOD OF PAYMENT 1. During the life of this Agreement, the Company agrees to deduct from the pay of each Flight Attendant covered by this Agreement, and remit to the Union, membership dues or service charge uniformly required by the Union as a condition of acquiring or retaining membership, and in accordance with the provisions of the Railway Labor Act, as amended, perform" provided the Flight Attendant voluntarily executes an "Assignment and Authorization for Payment of Union Service Charge and Dues" form. This form, known as the "Check Off Form," shall be prepared and furnished to the Company by the Union. 2. For Flight Attendants who have executed a "Check Off Form," deductions will be made in the following manner: a. One-half of the deduction for dues or service charge will be made in the first paycheck of the month, and one-half of the deduction will be made in the second paycheck of the month. b. Initiation fees, or a service charge equivalent to the initiation fee, will be apportioned into five (5) equal amounts and deducted from five (5) consecutive paychecks. 3. When a Flight Attendant properly executes the "Check Off Form" the Secretary-Treasurer of the Union, shall forward an original copy to the Director of Payroll. 4. Any notice of revocation as provided for in this Agreement or under the Railway Labor Act, as amended, must be in writing, signed by the Flight Attendant and delivered by certified mail, addressed to the Director of Payroll, with a copy to the Secretary-Treasurer of the Union. 5. a. Check Off Forms received by the Company will be date stamped on the date received and not when mailed. b. When a Check Off Form, as specified herein, is received by the Director of Payroll on or before the first day of the bid period, deductions shall commence with the second pay day following receipt of the form and will continue thereafter until revoked or canceled as provided in this Section. c. Dues will be deducted each payday as provided herein. The Company will remit dues to the Union by Electronic Money Transfer within three (3) business days after each pay period. The Company will promptly send under separate cover a list of names, payroll numbers, Union member numbers and amounts for the Flight Attendants for whom deductions have been made in each period. 6. a. No deductions of Union dues will be made from the wages of any Flight Attendant who has executed a Check Off Form and who has been transferred to a job not covered by the agreement, who is on furlough, or who is on leave without pay. Upon return to work within a classification covered by this Agreement, whether by transfer, or return from leave without pay, or recall from furlough, deductions shall be automatically resumed, provided the Flight Attendant has not revoked the assignment in accordance with the other appropriate provisions of the Section and of the Railway Labor Act, as amended. b. A Flight Attendant who has executed a Check Off Form and who resigns or is otherwise terminated (other than by furlough) from the employ of the Company, shall be deemed to have automatically revoked her/his assignment, and if she/he is re-employed, further deductions of Union dues will be made only upon execution and receipt of a new Check Off Form. The Company shall process such revocation or renewal authorization within ten (10) days of receipt. 7. Collection of any back dues owed at the time of starting or resuming deductions for any Flight Attendant, or collection of dues missed because the Flight Attendants earnings were not sufficient to cover the payment of dues for a particular pay period, shall be the responsibility of the Union and shall not be the subject of payroll deductions. 8. Deductions of membership dues or service charge shall be made from each paycheck provided there is a balance in the pay check sufficient to cover the amount after all other deductions authorized by the Flight Attendant or required by law have been satisfied. In the event of termination of employment, the obligation of the Company to collect dues shall not extend beyond the bid period in which her/his last day of work occurred. C. MISCELLANEOUS 1. Unless otherwise specified all references to "days" in this Section shall be considered to be calendar days. 2. Dues, service charges, initiation fees and assessments as used in this Section shall not include fines and penalties levied by the Union.
Back to Table of Contents |