Section 31 - Union Security and Check-Off

SECTION 31

UNION SECURITY AND CHECK-OFF

31.A. UNION SECURITY 

31.A.1.

Each employee now or hereafter employed as a Flight Attendant covered by this Agreement shall, as a condition of continued employment within sixty (60) days following the beginning of such employment or the effective date of this Agreement, whichever is later become a member of the Union, and shall maintain membership in good standing (as described below) in the Union so long as this Section remains in effect, or in the alternative, render to the Union a monthly sum equivalent to the standard monthly dues required of the Union members (“Service Fees”); provided, that such condition shall not apply with respect to any employee to whom such membership is not available upon the same terms and conditions as generally applicable to any other member of their his/her occupation or with respect to any employee to whom membership is denied or terminated for any reason other than the failure of the employee to tender the initiation and reinstatement fees, assessments, and monthly dues uniformly required of other employees in their her/his occupation as a condition of acquiring or retaining membership. 

31.A.2.

For the purpose of this Agreement, “membership in good standing” in the Union shall consist of the payment by the employee of initiation fees (except in case of authorized and permissible transfers from other Councils of the Union) uniformly required of other employees of like status, plus the payment of dues (as hereinafter described) for each calendar month, plus the payment of such assessment(s), within prescribed time limits, as may be levied in accordance with the procedures set forth in the Union’s “Constitution and Bylaws “

31.A.3.

If an employee, who is required to become a member of the Union, or, in the alternative, render to the Union a monthly Service Fees, as provided in this Section, does not become a member of the Union within the time limits specified in this Section for employees in their her/his occupation covered by this Agreement, or, in the alternative, render to the Union a monthly Service Fees, the Union shall notify the appropriate Company Vice President with a copy to the employee, that such employee has failed to become a member of the Union or, in the alternative, render to the Union a monthly Service Fees, as required by this Section and is, therefore, to be discharged The Company shall then promptly notify the employee involved that they are she/he is to be discharged from the service of the Company and shall promptly take proper steps to discharge said employee. 

31.A.4.

When an employee holding seniority under the Agreement leaves and then returns to the coverage of the Agreement from a position in which they were she/he was not covered, they she/he must assume their her/his obligation to the Union within seven (7) calendar days after return. Failure to comply will cause the employee to be discharged. If an employee covered by this Agreement becomes delinquent by more than two (2) calendar months in the payment of monthly dues or Service Fees, including assessments, the Union shall notify the employee in writing, certified mail, return receipt requested, with a copy to the appropriate Company Vice President that said employee is delinquent in the payment of monthly membership dues or Service Fees, as specified herein and, accordingly, will be subject to discharge as an employee of the Company. Such letter shall also notify the employee that they she/he must remit the required payment within seven (7) days from receipt of such notice or be subject to discharge by the Company. 

31.A.5.

If such employee still remains delinquent in the payment of dues or Service Fees, after receipt of said notice, the Union shall notify, in writing the appropriate Company Vice President with a copy to the employee, that the employee has failed to remit payment of dues or Service Fees within the grace period allowed herein and is, therefore, to be discharged. The Company shall then promptly notify the employee involved that they are she/he is to be discharged from the service of the Company, and shall promptly take the proper steps to discharge the employee. 

31.A.6.

The Company will, within three (3) working days after the receipt of notice from the Union, discharge any employee who is not in good standing in the Union as required in the preceding Paragraph, subject to the provisions of Paragraph 31.A.8 A.7. below. 

31.A.7.

An employee terminated at the request of the Union as per this Section Article and under this Agreement shall be deemed to have been discharged for cause and the Company shall not be liable for any wages or pay claims of any type from such employee. In the event of a court judgment to the effect that the discharge was improper, the Union hereby agrees to hold the Company harmless and will reimburse the Company for any cost whatsoever involved. 

31.A.8.

In any event it is agreed that the Company will not be required to terminate any employee, in compliance with this Section, prior to thirty (30) days from the Union’s notification to the Company to do so, in order that the Company be able to hire a suitable replacement for the employee in question. 

31.B. DUES CHECK-OFF

31.B.1.

During the life of this Agreement, the Company will deduct from the pay of each member of the Union and remit to the Union monthly membership dues uniformly levied in accordance with the Constitution and Bylaws of the Union, provided such member of the Union voluntarily executes the agreed form, which is hereunder included in this Agreement to be known as the “Check- Off Form”, which shall be prepared and furnished by the Union. 

31.B.2.

The Company will not be required to deduct monthly membership dues from the pay of employees covered by this Agreement unless: (1) the Company has received a Check-Off Form, and (2) the dues for the employee conform to the applicable dues for employees of their her/his occupation at their her/his point on the system. 

31.B.3.

The Union agrees that it shall indemnify and hold the Company harmless from and against any liability whatsoever for compliance with dues check-off procedures provided in this Agreement.