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 Agreement,
whichever is the later, all employees within the classes or crafts
represented by the Brotherhood of Locomotive Engineers shall become and
remain members of the said Union. Provided,
that this Agreement 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 Brotherhood of Locomotive
Engineers.
The
requirement for membership in the Brotherhood of Locomotive Engineers
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 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 Brotherhood Of Locomotive Engineers as provided for herein, or to be a
member of any one of the other labor organizations referred to in Item (1)
hereof, or as having been denied membership in the Brotherhood of
Locomotive Engineers signatory hereto, unless the Company is advised to the contrary in writing by the Brotherhood of Locomotive Engineers.
The Brotherhood of Locomotive Engineers shall be responsible for
initiating action to enforce the terms of this Agreement.
(a)
Each Superintendent shall furnish to the local chairman of the
Brotherhood of Locomotive Engineers 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 Item (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 Agreement; provided,
that if such employees shall have terminated membership during their
official capacity, they shall, when returning to service represented by
this Brotherhood of Locomotive Engineers, come under the provisions of
Item (1) of this Agreement.
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 Agreement, but shall, upon resumption of
employment, come under Item (1) of this Agreement.
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 Agreement but shall
upon resumption of employment, come
under Item (1) of this Agreement.
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 noncompliance with the provisions of this Agreement. If
employee returns to active service, he shall come under Item (1) of this
Agreement.
7. Notice of non-compliance with the provisions
of this Agreement of an individual employee coming under Item (1) of this
Agreement shall be given in writing by the General Chairman (or his
designated representative) of the Brotherhood of Locomotive Engineers to
the appropriate representative of the Company not earlier than the
expiration of the sixty (60) calendar day period from date of
establishment of seniority or return to service as provided in Items (3),
(4), (5) and (6) hereof, or the effective date of this Agreement,
whichever is the later, but before such notice is given, the proper
representative of the Brotherhood of Locomotive Engineers 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
Agreement 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 Items (3), (4), (5) and (6) hereof, or
the effective date of this Agreement, whichever is later, then the said
employee will forfeit his seniority.
However, such case will first be handled in accordance with the
provisions of Article 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 chairman, 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 Item (1)
of this Agreement within fifteen (15) days of the date of the notice given
him, the local chairman will notify the Superintendent in writing
requesting that he invoke the provisions of Article 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 Agreement shall not
be made without notice. 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 hearing is desired,
and hearing will be confined to proof of compliance.
A decision shall be rendered within five (5) days from date of
termination of hearing. If
decision is unsatisfactory to the affected employee, 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
provisions of this Agreement pending decision.
NOTE:
If under the
provisions of this Agreement, it is determined that the seniority of
such employee is to be terminated by reason of noncompliance with the
provisions of this Agreement, such termination will not be required to
be affected until such time as a replacement is available through the
normal processes.
(b) Article 31 of the Agreement between the Company and the
Brotherhood of Locomotive Engineers captioned "Investigations and
Discipline" is suspended as to cases arising under the provisions
of this Agreement.
9. Employees whose services are terminated for
non-compliance with the provisions of this Agreement 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 Agreement account of non-compliance with the provisions
of this Agreement shall not thereafter be restored to the service except
as a new employee, or except as provided for in Item (11) hereof.
11. If an employee is released from the service for
non-compliance with the provisions of this Agreement 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 Agreement 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
Agreement relating to Union Shop.
13. The Brotherhood of Locomotive Engineers 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
Agreement.
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 Brotherhood and subject to
this agreement, 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 Brotherhood, as contemplated in Section
2, Eleventh (b) of the amended Railway Labor Act, and will remit to the
Brotherhood or to its designated representative the money so deducted.
2. (a) This agreement will not be effective with
respect to any individual employee until after he has properly executed,
and the Carrier's Manager, Payroll Accounting at Atlanta, Georgia, has
been furnished with, a written assignment to the Brotherhood of that part
of the employee's wages necessary to pay the employee's membership dues,
initiation fees and assessments.
(b) After one year from the date of executing a wage
assignment pursuant to this agreement, the employee may at any time
revoke it. Revocation will
not be effective until after the employee has properly executed, and the
carrier's Manager, Payroll Accounting has been furnished with a written
revocation in the form of REVOCATION OF WAGE ASSIGNMENT.
(c) The Brotherhood 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 agreement.
The Brotherhood will have full and sole responsibility for the
procurement of wage assignments and revocations of wage assignments
pursuant to this agreement, and for their delivery to the carrier's
Manager, Payroll Accounting.
3. (a) The Brotherhood will furnish Carrier's Manager,
Payroll Accounting at Atlanta, Georgia, a list of the local lodges,
chapters, or other divisional units of the Brotherhood, certifying thereon
the name, title and mailing address of one representative in each such
unit who is designated by the Brotherhood both to furnish such deduction
information hereinafter provided for and to receive remittances of money
deducted from wages pursuant to this agreement.
Deductions pursuant to this agreement will be made only on the
basis of certified deduction lists furnished the carrier by such
designated local representatives.
(b) Not later than the 20th day of each month the Manager,
Payroll Accounting will mail to each designated representative a
standard Payroll Deduction List, Form 2218E, showing as to each employee
listed the amount deducted and/or not deducted for the preceding month,
and not later than the 3rd day of each month the representative will
furnish the Manager, Payroll Accounting, one copy thereof clearly and
legibly revised in ink 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 agreement, 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 in Column 12 of the carrier's copy.
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 with the plan set out in (A)(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 agreement.
(d) No deduction list will be accepted by the Manager,
Payroll Accounting after the 3rd 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) Deduction Code S-7 will be used on the Payroll Deduction
and Earnings Statements accompanying pay checks to identify deductions
made pursuant to this Agreement.
(f) It is intended that amounts to be deducted from the wages
of individual employees pursuant to this agreement will, where possible,
remain constant from month to month.
4. (a) No deduction pursuant to this agreement 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;
(i) Taxes and other deductions required by law.
(ii) 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 Brotherhood of money deducted
pursuant to this agreement on the basis of his deduction list.
6. (a) Responsibility of the carrier pursuant to
this agreement is limited to remitting to designated representatives of
the Brotherhood money actually deducted pursuant to this agreement.
The carrier will not be responsible to any employee nor to the
Brotherhood, financially or otherwise, for failure to make deductions or
for making inaccurate deductions, which risk the Brotherhood assumes.
(b) Any question as to the correctness of any amount
listed or deducted pursuant to this agreement will be handled solely
between the employee and the Brotherhood. A designated representative of
the Brotherhood may handle with Carrier's Manager, Payroll Accounting
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 therefore.
(c) This agreement 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 agreement 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 agreement.
(d) The Brotherhood 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 agreement, or the
administration of this agreement, or failure to comply with the
provisions of this agreement.
7. This agreement 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 agreement in conflict with or in violation of any such law.
8. This agreement will remain in effect until
revised or abrogated in accordance with provisions of the amended Railway
Labor Act, except that upon certification to the carrier and the National
Mediation Board that a representative other than the Brotherhood is
designated and authorized to represent employees in any craft or class
subject hereto, this agreement as to such employees will terminate, and
the wage assignments executed by such employees pursuant to this agreement
will terminate, an the date such certification is received by the carrier.