5. For the purpose of this Agreement, "M 1 embership in good standing in
2 the Union," shall mean that the employee is a member of the Union and is
3 not more than sixty (60) days in arrears in the payment of initiation fees,
4 assessments, service charge and membership dues as referred to herein.
5
6 6. When an employee becomes delinquent or not "in good standing"
7 within the meaning of paragraph (A) 5. above, he shall be subject to
8 discharge and the following procedures shall apply:
9
10 (a) The General Chairman of the Union shall notify the employee
11 in writing, Certified mail, return receipt requested, and copy to the Senior
12 Vice President of Maintenance Operations of the Company, that he is
13 delinquent in the payment of initiation fees, assessments or membership
14 dues as specified herein, and accordingly is subject to discharge as an
15 employee of the Company. Such letter shall also notify the employee that
16 he must make the required payment to the Financial Secretary of the
17 appropriate local lodge of the Union within fifteen (15) days of the date of
18 mailing of the notice or be subject to discharge.
19
20 ( B) If, upon the expiration of the fifteen (15) day period, the
21 employee still remains delinquent, the General Chairman of the Union shall
22 certify in writing to the Senior Vice President of Maintenance Operations of
23 the Company, with copy to the employee, that the employee has failed to
24 make the required payment within the fifteen (15) day grace period
25 provided in sub-paragraph (a) above, and is therefore to be discharged. The
26 Senior Vice President of Maintenance Operations shall promptly notify the
27 employee involved that he is to be discharged from the service of the
28 Company, and shall so discharge him for his failure to pay or tender the
29 initiation fees, dues, and assessments as required under the terms of this
30 Article unless he files an appeal.
© If the decision of the Senior Vice President of Maintenance
33 Operations is not satisfactory to the employee or to the Union, it may be
34 appealed directly to the highest officer of the Company designated to handle
35 such appeals. Such appeals shall be taken within ten (10) calendar days of
36 the date of the decision appealed from, and if taken, shall operate to stay
37 action on the termination of employment until the decision on the appeal is
38 rendered. The Company shall promptly notify the other party in writing of
39 any such appeal. The decision of such appeal shall be rendered within ten
40 (10) calendar days of the date the appeal is taken and the employee and the
41 Union shall be promptly advised thereof. If the decision on such appeal is
42 that the employee has not complied with the terms of this Agreement, his
43 employment and seniority in that class or craft shall be terminated within
44 ten (10) calendar days of the date of said decision, unless the Company and
45 the Union agree otherwise in writing.
within seven (7) days thereof the Union requests in writing that the decision
3 be reviewed in such joint conference by the Senior Vice President of
4 Maintenance Operations or by his designated representative, and the
5 General Chairman, or by his designated representative. If such request is
6 made, the decision on appeal shall be reviewed in such joint conference
7 within seven (7) days of the date such request is received, and any decision
8 rendered within such seven (7) day period shall be final and binding. If the
9 decision on such review is that the employee has not complied with the
10 terms of this Agreement, his employment and seniority in that class or craft
11 shall be terminated within ten (10) calendar days of the date of said
12 decision, unless the Company and the Union agree otherwise in writing.
13
14 7. An employee discharged by the Company under the provisions of
15 paragraph (A) 6. shall be deemed to have been discharged for non-payment
16 of Union dues, and notation so made on his employment record.
17
18 8. Time limits specified in this Article may be extended in individual
19 cases by written agreement of the Company and the Union.
20
21 9. The grievance procedure of the Basic Agreement will not apply to
22 cases arising under this Article.
23
24 10. Other provisions of this Agreement to the contrary
25 notwithstanding, the Company shall not be required to terminate
26 the employment of any employee until such time as the services of
27 a qualified replacement are available. The Company may not,
28 however, retain any employee in the service under the provisions
29 of this paragraph for a period in excess of ninety (90) calendar
30 days from the date of the Union's original notice except by mutual
31 agreement by the parties hereto.