ARTICLE 39

UNION MEMBERSHIP

A. REQUIREMENT FOR UNION MEMBERSHIP AND PAYMENT OF DUES

1. As a condition of continued employment, and subject to the conditions hereinafter provided, that within sixty (60) calendar days following the establishment of seniority or return to service as provided for in items 3, 4, 5 and 6 hereof, or the effective date of this Article, whichever is the latter, all employees within the classes or crafts represented by the United Transportation Union shall become and remain members of the said United Transportation Union; Provided, that this Article shall not require such condition of employment with respect to employees to whom membership is not available upon the same terms and conditions as are generally applicable to any other member or with respect to employees to whom membership has been 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, penalties or insurance premiums) uniformly required as a condition of acquiring or retaining membership in the United Transportation Union.

The requirement for membership in the United Transportation Union shall not be applicable to employees in engine, train, yard or hostling service, who maintain membership in any one of the other labor organizations national in scope, organized in accordance with the Railway Labor Act, and representing employees in engine, train, yard or hostling service, and admitting to membership employees engaged in any of said services.

2. Every employee shall be considered by the company to be either a member of the United Transportation Union as provided for herein, or to be a member of any one of the other labor organizations, referred to in Paragraph 1. hereof, or as having been denied membership in the United Transportation Union signatory hereto, unless the company is advised to the contrary in writing by the United Transportation Union. The United Transportation Union shall be responsible for initiating action to enforce the terms of this Article.

a. Each Superintendent shall furnish to the Local Chairperson of the United Transportation Union within ten (10) calendar days from the date of the first trip the name and address of each employee entering the service in the classes described in Paragraph 1. hereof.

3. Employees heretofore or hereafter promoted to official or other positions who retain and/or accumulate seniority under the provisions of the schedule agreement, will not have such seniority terminated by reason of any of the provisions of this Article; Provided, that if such employees shall have terminated membership during their official capacity, they shall, when returning to service represented by the United Transportation Union, come under the provisions of Paragraph 1. of this Article.

4. Employees furloughed through reduction in force, absent because of personal sickness, physical disability or leave of absence, etc., who retain and/or accumulate seniority under the provisions of the schedule agreement, will not have such seniority terminated by reason of any of the provisions of this Article, but shall, upon resumption of employment, come under Paragraph 1. of this Article.

5. The seniority status and rights of employees furloughed (on leave of absence) to serve in the Armed Forces shall not be terminated by reason of any of the provisions of this Article but shall upon resumption of employment, come under Paragraph 1. of this Article.

6. An employee retired on disability annuity under the Railroad Retirement Act at an age earlier than 65 and who retains seniority until he reaches the age of 65, shall not have his seniority status and rights terminated by reason of non-compliance with the provisions of this Article. If the employee returns to active service, he shall come under Paragraph 1. of this Article.

7. Notice of non-compliance with the provisions of the Article of an individual employee coming under Paragraph 1. of this Article shall be given in writing by the General Chairperson (or his designated representative) of the United Transportation Union to the appropriate representative of the Company not earlier than the expiration of the sixtieth (60) calendar day from date of establishment of seniority or return to service as provided in Paragraphs 3., 4., 5. and 6. hereof, or the effective date of this Article, whichever is the latter, but before such notice is given, the proper representative of the United Transportation Union shall give such individual employee thirty (30) days' written notice (with copy to the Superintendent of the Division on which such individual employee is employed) that unless such employee complies with the provisions of this Article within thirty (30) days of the date of such notice, or within the sixty (60) calendar day period from date of establishment of seniority or return to service as provided in Paragraphs 3., 4., 5. and 6. hereof, or the effective date of this Article, whichever is later, then the said employee will forfeit his seniority. However, such case will first be handled in accordance with the provisions of Paragraph 8.a. below.

If an employee fails to pay his dues and assessments (not including fines, penalties or insurance premiums) on the usual date specified by the Organization, the Local Chairperson (or his representative), will serve written notice on such employee, calling attention to such failure, with copy to the Superintendent of the Division on which such individual employee is employed. If such employee fails to comply or show evidence of compliance with Paragraph 1. of this Article within fifteen (15) days of the date of the notice given him, the Local Chairperson will notify the Superintendent in writing requesting that he invoke the provisions of Paragraph 8.a., and the Superintendent or his representative, will then proceed to handle the case in accordance therewith.

8. a. Release of an employee from the service of the Company and/or the termination of seniority rights and employment relationship because of non-compliance with the provisions of this Article shall not be made without notice. A hearing will be granted if the employee requests it in writing within ten (10) days of such notice, such hearing will be held within fifteen (15) days from date of receipt of notice from such employee that a hearing is desired, and the hearing will be confined to proof of compliance. A decision shall be rendered within five (5) days from the date of termination of the hearing. If the decision is unsatisfactory to the affected employee, an appeal may be taken within fifteen (15) days to the highest officer designated to handle such complaints. Employee's service status will not be affected by reason of the provisions of this Article pending decision.

NOTE: If, under the provisions of this Article, it is determined that the seniority of such employee is to be terminated by reason of non-compliance with the provisions of this Article, such termination will not be required to be effected until such time as a replacement is available through the normal processes.

b. Article 31.A. of the Agreement between the Company and the United Transportation Union captioned "Investigations and Discipline" is suspended as to cases arising under the provisions of this Article.

9. Employees whose services are terminated for non-compliance with the provisions of this Article shall be regarded as having terminated their employee relationship for all vacation purposes.

10. An employee dropped from the service under the provisions of this Article account of non-compliance with the provisions of this Article shall not thereafter be restored to the service except as a new employee, or except as provided for in Paragraph 11. hereof.

11. If an employee is released from the service for non-compliance with the provisions of this Article and such release is subsequently determined to be improper, unlawful or unenforceable, the employee shall be returned to service without impairment of seniority rights.

12. No part of this Article shall be used in any manner whatsoever as a basis for a grievance time claim by or on behalf of any employee; and no part of the Schedule Agreement covering rates of pay and working conditions shall be used as a basis for a grievance or time claim by or on behalf of any employee predicated upon an alleged violation, misapplication or non-compliance with any part of this Article relating to Union Shop.

13. The United Transportation Union shall indemnify and save harmless the Company in any and all claims for loss, liability or damage resulting through the compliance of the Company with this Article.

B. DUES CHECK OFF

1. In accordance with and subject to the terms and conditions hereinafter set forth, the Carrier will, when authorized by an employee in a craft or class represented by the Union and subject to this Article, each month deduct from the wages of such employee "any periodic dues, initiation fees, and assessments (not including fines and penalties) uniformly required as a condition of acquiring or retaining membership" in the Union, as contemplated in Section 2., Eleventh (b) of the amended Railway Labor Act, and will remit to the Union or to its designated representatives the money so deducted.

2. a. This Article will not be effective with respect to any individual employee until after he has properly executed, and the Carrier's Auditor of Payroll has been furnished with, a written assignment to the Union of that part of the employee's wages necessary to pay the employee's membership dues, initiation fees and assessments. Such wage assignments will be submitted on the WAGE ASSIGNMENT form.

b. After one year from the date of executing a wage assignment pursuant to this Article, the employee may at any time revoke it. Revocation will not be effective until after the employee has properly executed, and the Carrier's Auditor of Payroll has been furnished with, a written revocation in the form of the REVOCATION of WAGE ASSIGNMENT.

c. The Union will, at its expense, supply printed forms for the use of employees who desire to execute a wage assignment or revocation of wage assignment pursuant to this Article. The Union will have full and sole responsibility for the procurement of wage assignments, and revocations of wage assignments pursuant to this Article, and for their delivery to the Carrier's Auditor of Payroll.

3. a. The Union will furnish Carrier's Auditor of Payroll a list of the local lodges, chapters, or other divisional units of the Union, certifying thereon the name, title and mailing address of one representative in each such unit who is designated by the Union both to furnish deduction information hereinafter provided for and to receive remittances of money deducted from wages pursuant to this Article. Deductions pursuant to this Article will be made only on the basis of certified deduction lists furnished the Carrier by such designated local representatives.

b. No later than the 20th day of each month, the Auditor of Payroll will provide each designated representative with a standard Payroll Deduction List showing as to each employee listed the amount deducted and/or not deducted for the preceding month, and not later than the third day of each month the representative will furnish the Auditor of Payroll one copy thereof clearly and legibly revised to show additions and/or deletions of names, and changes in amounts to be deducted. If the amount to be deducted is the same as the amount last deducted pursuant to this Article, the Carrier's copy of the Payroll Deduction List will not be changed. The representative will indicate any change from the last amount actually deducted by inserting the new amount to be deducted on the appropriate line. Where names of employees are added and/or deleted, the Carrier's copy of the revised list will be accompanied by the necessary wage assignment and/or revocation forms.

c. As may appear desirable in the light of experience in the plan set out in b. above, the Carrier will have the right, at its option, to designate forms and/or procedures other than those specified above for exchanging the information necessary to effectuate this Article.

d. No deduction list will be accepted by the Auditor of Payroll after the third day of the month, and no change will be made in any list furnished. If no list is received for a given month, or if the list is received late, deductions for that month will be made on the basis of the preceding month's list. If any indicated revision is not clear, deduction will be made on the basis of the preceding month's list.

e. A deduction code will be used on the Payroll Deduction and Earnings Statements accompanying pay checks to identify deductions made pursuant to this Article.

f. It is intended that amounts to be deducted from the wages of individual employees pursuant to this Article will, where possible, remain constant from month to month.

4. a. No deduction pursuant to this Article will be made for any month in which wages due an employee on the second period regular payroll do not equal or exceed the amount shown on the deduction list, after the following deductions have first been made:

(1) Taxes and other deductions required by law.

(2) Amounts owed the Carrier.

b. No partial deduction will be made. The Carrier will have no responsibility whatever for accumulating deductions nor for carrying over from month to month deductions not made.

5. Not later than the 20th day of the month following the month for which deductions are made, the Carrier will remit by draft to the designated representative of the Union the money deducted pursuant to this Article on the basis of his deduction list.

6. a. Responsibility of the Carrier pursuant to this Article is limited to remitting to the designated representative of the Union money actually deducted pursuant to this Article. The Carrier will not be responsible to any employee nor to the Union, financially or otherwise, for failure to make deductions or for making inaccurate deductions, which risk the Union assumes.

b. Any question as to the correctness of any amount listed or deducted pursuant to this Article will be handled solely between the employee and the Union. A designated representative of the Union may handle with Carrier's Auditor of Payroll any obvious mathematical error on the part of the Carrier, and the Carrier will have the right to adjust future deductions and/or future remittances to compensate therefor.

c. This Article will not be used in any manner whatever, directly or indirectly, as a basis for grievance or time claim by or on behalf of any employee. No part of this Article nor of any other Agreement between the parties hereto will be used in any manner whatever, directly or indirectly, as a basis for grievance or time claim by or on behalf of any employee predicated upon any alleged violation of, or misapplication of, or noncompliance with any part of this Article.

d. The Union now does and hereafter will indemnify, defend and save harmless the Carrier from any and all suits at law, petitions, claims, demands, liability, loss or damage resulting from or alleged to result from the making of this Article, or the administration of this Article, or failure to comply with provisions of this Article.

7. This Article is subject to the express intent of the parties to observe and comply with the provisions of every applicable Federal and State law now in existence or hereafter enacted, and it is the intent of the parties hereto each to relieve the other from any part of this Article in conflict with or in violation of any such law.

8. This Article will remain in effect until revised or abrogated in accordance with the provisions of the amended Railway Labor Act, except that upon certification to the Carrier by the National Mediation Board that representative other than the Union is designated and authorized to represent employees in any craft or class subject hereto, this Article as to such employees will terminate, and the wage assignments executed by such employees pursuant to this Article will terminate, on the date such certification is received by the Carrier.

C. EMPLOYEE INFORMATION AND PAYCHECK DETAILS

The Carrier will provide the General Chairperson with a list of employees who are hired or terminated, their home addresses, and Social Security numbers, if available, otherwise the employee's identification numbers. This information will be limited to the employees covered by the Collective Bargaining Agreement of the respective General Chairperson. The data will be supplied within 30 days after the month in which the employee is hired or terminated. Where railroads cannot meet the 30-day requirement, the matter will be worked out with the General Chairperson.

This page last updated: March 02, 2005