Article 42 Article 42
Article 42
Union Shop - Check Off
Section 1
A. In accordance with and subject to the terms and conditions set forth, all Conductors, Brakemen and Yardmen, which includes passenger
Freight, Switchtenders, Car Operators, Car Riders and Hump Car Operators of the Carrier, now or hereafter subject to the Rules and
Working Conditions agreement between the parties hereto, except as hereinafter provided, shall, as a condition of their continued
employment subject to such agreements, become members of the Union within 60 calendar days of the date they first performed
compensated service as such employees after the effective date of this agreement, and thereafter shall maintain membership in good
standing in such Union while subject to the rules and working conditions agreement between the parties; provided, however, that the
foregoing requirement for membership in the Union shall not be applicable to:
1. Employees to whom membership is not available upon the same terms and conditions as are generally applicable to any other member,
or
2. 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 and penalties) uniformly required as a condition of acquiring or retaining
membership in Union.
B. The requirements of membership provided for in Section 1 A of this Agreement shall be satisfied if any employee shall hold or acquire
membership in any one of the labor organizations National in scope organized in accordance with the Railway Labor Act and admitting to
membership employees of a craft or class in train, yard, engine or hostling service, that is, in any of time services or capacities covered in
Section 3, First, (h), of the Railway Labor Act, defining the jurisdictional scope of the First Division of the National Railroad Adjustment
Board, provided, however, that nothing contained in this Agreement shall prevent any employee from changing membership from one
organization to another organization admitting to membership employees of a craft or class in any of the services above specified.
C. Employees who retain seniority under the rules and working conditions agreement, between the parties hereto, governing their classes
or crafts and who are assigned or transferred for a period of thirty (30) calendar days or more to employment not covered by such
agreement, or who are on leave of absence starting after the effective day of this agreement for a period of thirty (30) calendar days or
more, will not be required to maintain membership as provided in Section 1 A of this agreement so long as they remain
in such other employment, or on such leave of absence, but they may do so at their option. If and when employees return to any service
covered by said rules and working conditions agreement, they shall, as a condition of their continued employment subject to such
agreement, comply with the provisions of Section 1 A of this agreement within thirty (30) calendar days of such return to service.
D. An employee whose membership in the Union is terminated while on furlough due to reduction in force, or while off duty on account of
sickness or injury for a period of thirty (30) calendar days or more, and who is required to maintain membership under the provisions of
Section 1 A of this agreement, shall be granted upon his return to service in any of the crafts or classes represented by the Union a period of
thirty (30) calendar days within which to comply with Section 1 A of this agreement.
E. Every employee required by the provisions of this agreement to become and remain a member of a labor organization shall be
considered by the carrier to be either a member of the Union as provided for herein or to be a member of any one of the other labor
organizations referred to in Section 1 A hereof, unless the Carrier is advised to the contrary in writing by the Union. The Union shall be
responsible for initiating action to enforce the terms of this Article.
F. 1. The Local Chairman of the Union will notify the Superintendent in writing by Certified Mail, Return Receipt Requested, or by personal
delivery evidenced by receipt, of any employee who it is alleged has failed to comply with the terms of this Article and who the Union
therefore claims is not entitled to continue in employment subject to the Rules and Working Conditions Agreement. The form of notice to be
used is attached hereto and is identified as Appendix Attachment "A." Upon receipt of such notice, the Superintendent will, within ten
calendar days of such receipt, so notify the employee concerned in writing by Certified Mail, Return Receipt Requested, or by personal
delivery evidenced by receipt. Copy of such notice to the employee shall be given the Local Chairman of the Union. An employee so notified
who disputes the fact that he has failed to comply with the terms of this Article, shall within a period of ten calendar days from the date of
receipt of such notice request the Superintendent in writing by Certified Mail, Return Receipt Requested, or by personal delivery evidenced
by receipt, to accord him a hearing. Upon receipt of such request the Superintendent shall set a date for hearing which shall be held within
ten calendar days of the date of receipt of request therefore. Notice of the date set for hearing shall be promptly given the employee in
writing with copy to the Local Chairman of the Union, by Certified Mail, Return Receipt Requested, or by personal delivery evidenced by
receipt. A representative of the Union shall attend and participate in the hearing. The receipt by the Superintendent of a request for a
hearing shall operate to stay action on the termination of employment until the hearing is held and the decision of the Superintendent is
rendered.
In the event the employee concerned does not request a hearing as provided herein, the Carrier shall proceed to terminate his seniority and
employment under the Rules and Working Conditions Agreement not later than 30 calendar days from receipt of the above described notice
from the Union, unless the Carrier and the Union agree otherwise in writing.
2. The Superintendent shall determine on the basis of the evidence produced at the hearing whether or not the employee has complied with
the terms of this Article and shall render a decision within 10 calendar days from the date that the hearing is closed, and the employee and
the Local Chairman of the Union shall be promptly advised thereof in writing by Certified Mail, Return Receipt Requested.
If the decision is that the employee has not complied with the terms of this Article, his seniority and employment under the Rules and
Working Conditions Agreement shall be terminated within 10 calendar days of the date of said decision except as hereinafter provided or
unless the Carrier and the Union agree otherwise in writing.
If the decision is not satisfactory to the employee or to the Union it may be appealed in writing, by Certified Mail, Return Receipt Requested,
directly to the Director of Labor Relations. Such appeals must be received by such officer within 10 calendar days of the date of the
decision appealed from and shall operate to stay action on the termination of seniority and employment, until the decision on appeal is
rendered. The Carrier shall promptly notify the other party in writing of any such appeal, by Certified Mail, Return Receipt Requested. The
decision on such appeal shall be rendered within 15 calendar days of the date the notice of appeal is received, and the employee and the
Union shall be promptly advised thereof in writing by Certified Mail, Return Receipt Requested.
If the decision on such appeal is that the employee has not complied with the terms of this Article, his seniority and employment under the
Rules and Working Conditions Agreement shall be terminated within 10 calendar days of the date of said decision.
3. Provisions of investigation and discipline rules contained in the Rules and Working Conditions Agreement between the parties hereto will
not apply to cases arising under this Article.
4. In computing the time periods specified in this agreement, the date on which a notice is received or decision rendered shall not be
counted.
G. An employee whose seniority and employment under the Rules and Working Conditions Agreement is terminated pursuant to the
provisions of this Article shall have no time or money claims by reason thereof.
If the final determination under Paragraph F of this Article is that an employee's seniority and employment under the Rules and Working
Conditions Agreement shall be terminated, no liability against the Carrier in favor of the Union or other employees based upon an alleged
violation, misapplication or non-compliance with any part of this agreement shall arise or accrue during the period up to the expiration of the
time periods specified in Paragraph F, or while such determination may be stayed by a court, or while a discharged employee may be
restored to service pursuant to judicial determination. During such periods, no provision of any other agreement between the parties hereto
shall be used as the basis for a grievance or time or money claim by or on behalf of any employee against the Carrier predicted upon any
action taken by the Carrier in applying or complying with this Article or upon an alleged violation, misapplication or non-compliance with any
provision of this Article. If the final determination under Paragraph F of this Article is that an employee's employment and seniority shall not
be terminated, his continuance in service shall give rise to no liability against the Carrier in favor of the Union or other employees based
upon an alleged violation, misapplication or non-compliance with any part of this Article.
H. In the event that seniority and employment under the Rules and Working Conditions Agreement is terminated by the Carrier under the
provisions of this Article, and such termination of seniority and employment is subsequently determined to be improper, unlawful, or
unenforceable, the Union shall indemnify and save harmless the Carrier against any and all liability arising as the result of such improper,
unlawful, or unenforceable termination of seniority and employment; provided, however, that this Paragraph H shall not apply to any case in
which the Carrier is the plaintiff or the moving party in the action in which the aforesaid determination is made or in which case the Carrier
acts in collusion with any employee; provided further, that the aforementioned liability shall not extend to the expense to the Carrier in
defending suits by employees whose seniority and employment are terminated by the Carrier under the provisions of this agreement.
APPENDIX ATTACHMENT "A"
, Superintendent Norfolk and Western Railway Company
Dear Sir:
You are hereby advised that , (Name of Employee and Account
No.) Employed as at has failed to comply with the terms of
the Union Shop Agreement dated , for the reason that (date)
.
It is therefore requested that such employee be so notified in accordance with the provisions of Section 6 (a) of the (date) Agreement.
Yours truly,
(personal signature)
Local Chairman
United Transportation Union C&T
Section 2
A In accordance with and subject to the terms and conditions hereinafter set forth, the Carrier will deduct each month from wages due the
employees of the Carrier who are members of the Organization, all sums for periodic union dues, initiation fees, assessments (not including
fines and penalties) and insurance premiums where included in monthly dues, uniformly required as a condition of acquiring or retaining
membership in the Organization and payable to the Organization.
B. No such deduction shall be made except from the wages of an employee who has executed and furnished to the Carrier a written
assignment, in the manner and form hereafter provided, of such membership dues, initiation fees, assessments (not including fines and
penalties) and insurance premiums where included in monthly dues. Such assignment shall be substantially in the form specified in
Attachment "A" hereto and shall, in accordance with its terms, be revocable in writing at any time after the expiration of one year from the
date of its execution, or upon the termination of this agreement, or upon the termination of the Rules and Working Conditions Agreement
between the parties hereto, whichever occurs sooner. Revocations of assignment shall be substantially in the form specified in Attachment
"B" hereto, and both the assignment and revocation of assignment forms shall be reproduced and furnished as necessary by the
Organization without cost to the Carrier. The Organization shall assume the full responsibility for the procurement of and the execution of
said forms by employees, and for the delivery of said forms to the Carrier.
C. Deductions as provided for herein will be made by the Carrier in accordance with certified deduction lists furnished to the Carrier by the
Treasurer of the Organization. These lists, together with assignment and revocation of assignment forms, shall be furnished to the Carrier at
least 30 days in advance of the first payroll in which the deduction or termination of deduction is to become effective. The original list
furnished shall show the employee's name, Social Security Number, and the amount to be deducted. Thereafter lists shall be furnished each
month as follows:
1. A list showing any changes in the amounts to be deducted by the Carrier from the wages of employees with respect to whom deductions
are already being made as herein provided, which list shall show both the amounts previously authorized to be deducted and the new
amounts to be deducted. The dues deduction amounts may not be changed more often than every three months.
2. A list showing (a) the names of employees from whose wages no further deductions shall be made, accompanied by revocation of
assignment in the form hereto attached signed by each employee so listed and (b) the names of any additional employees from whose
wages the Carrier shall make deductions as herein provided, together with an assignment in the form hereto attached signed by each
employee so listed. Such lists as described in this subsection 2 shall be furnished the Carrier at least 30 days in advance of the first payroll
in which the deduction or termination of deduction is to become effective.
D. Deductions as provided for herein will be made monthly by the Carrier from wages due employees for the last half pay period in each
calendar month and the Carrier will, subject to the provisions of Paragraph E hereof, pay to the order of the Organization, the total amount of
such deductions on or before the last day of the month following the month in which such deductions are made. With said payment the
Carrier shall furnish to the Organization a uniform alphabetical list (in triplicate) for each local lodge each month. Such list will include the
employee's name, Social Security Number or payroll identification number, and the amount of union dues deducted from each employee.
E. 1. Payroll deductions provided for herein will be made by the Carrier only once a month, and then only in the last half of the month pay
period. If earnings of an employee are insufficient to permit the full amount of deduction, no deduction will be made and the responsibility for
collection shall rest with the Treasurer of the Organization. The following payroll deductions shall have priority over deductions for union
dues, initiation fees, assessments (not including fines and penalties) and insurance premiums where included in monthly dues as covered
by Paragraph 1 A of this Article:
Federal, State and Municipal Taxes.
Board and room
Amounts due the company.
Group insurance and hospitalization (including Surgical and Medical Plans).
Prior Valid Assignments and Deductions.
Garnishees and deductions under Court Orders.
2. This Article shall cease to apply to any employee who may be adjudicated bankrupt or insolvent under any applicable federal or state law.
F. In cases where no deduction is made from the wages of an employee due to insufficient funds or other reasons, the amounts not
deducted shall not be added to the deduction lists for that employee for any subsequent payroll period.
G. (Deleted by Agreement dated January 1, 1974.)
H. Responsibility of the Carrier under this Article shall be limited to remitting to the Organization amounts actually deducted from the wages
of employees pursuant to this Article and the Carrier shall not be responsible financially or otherwise for failure to make deductions or from
making improper or inaccurate deductions. Insofar as permitted by law, any question arising as to the correctness of the amount deducted
shall be handled between the employee involved and the Organization, and any complaints against the Carrier in connection therewith shall
be handled by the Organization on behalf of the employee concerned.
I. No part of this Article shall be used in any manner whatsoever, either directly or indirectly, as a basis for a grievance or time claim by or in
behalf of any employee; and no part of this or any other agreement between the Carrier and the Organization shall be used as a basis for a
grievance or time claim by or in behalf of any employee predicated upon any alleged violation of, or misapplication or non-compliance with,
any part of this Article.
J. The Organization shall indemnify, defend and save harmless the Carrier from any and all claims, demands, liability, losses or damage
resulting from the entering into or complying with the provisions of this Article.
K. In the event of a change in representation of any craft or class of employees covered by this Article, this Article will be automatically
terminated as to such craft or class of employees as of the date official notification is received from the National Mediation Board of such
change in representation as to such craft or class of employees.
Article 42
Union Shop - Check Off
Section 1
A. In accordance with and subject to the terms and conditions set forth, all Conductors, Brakemen and Yardmen, which includes passenger
Freight, Switchtenders, Car Operators, Car Riders and Hump Car Operators of the Carrier, now or hereafter subject to the Rules and
Working Conditions agreement between the parties hereto, except as hereinafter provided, shall, as a condition of their continued
employment subject to such agreements, become members of the Union within 60 calendar days of the date they first performed
compensated service as such employees after the effective date of this agreement, and thereafter shall maintain membership in good
standing in such Union while subject to the rules and working conditions agreement between the parties; provided, however, that the
foregoing requirement for membership in the Union shall not be applicable to:
1. Employees to whom membership is not available upon the same terms and conditions as are generally applicable to any other member,
or
2. 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 and penalties) uniformly required as a condition of acquiring or retaining
membership in Union.
B. The requirements of membership provided for in Section 1 A of this Agreement shall be satisfied if any employee shall hold or acquire
membership in any one of the labor organizations National in scope organized in accordance with the Railway Labor Act and admitting to
membership employees of a craft or class in train, yard, engine or hostling service, that is, in any of time services or capacities covered in
Section 3, First, (h), of the Railway Labor Act, defining the jurisdictional scope of the First Division of the National Railroad Adjustment
Board, provided, however, that nothing contained in this Agreement shall prevent any employee from changing membership from one
organization to another organization admitting to membership employees of a craft or class in any of the services above specified.
C. Employees who retain seniority under the rules and working conditions agreement, between the parties hereto, governing their classes
or crafts and who are assigned or transferred for a period of thirty (30) calendar days or more to employment not covered by such
agreement, or who are on leave of absence starting after the effective day of this agreement for a period of thirty (30) calendar days or
more, will not be required to maintain membership as provided in Section 1 A of this agreement so long as they remain
in such other employment, or on such leave of absence, but they may do so at their option. If and when employees return to any service
covered by said rules and working conditions agreement, they shall, as a condition of their continued employment subject to such
agreement, comply with the provisions of Section 1 A of this agreement within thirty (30) calendar days of such return to service.
D. An employee whose membership in the Union is terminated while on furlough due to reduction in force, or while off duty on account of
sickness or injury for a period of thirty (30) calendar days or more, and who is required to maintain membership under the provisions of
Section 1 A of this agreement, shall be granted upon his return to service in any of the crafts or classes represented by the Union a period of
thirty (30) calendar days within which to comply with Section 1 A of this agreement.
E. Every employee required by the provisions of this agreement to become and remain a member of a labor organization shall be
considered by the carrier to be either a member of the Union as provided for herein or to be a member of any one of the other labor
organizations referred to in Section 1 A hereof, unless the Carrier is advised to the contrary in writing by the Union. The Union shall be
responsible for initiating action to enforce the terms of this Article.
F. 1. The Local Chairman of the Union will notify the Superintendent in writing by Certified Mail, Return Receipt Requested, or by personal
delivery evidenced by receipt, of any employee who it is alleged has failed to comply with the terms of this Article and who the Union
therefore claims is not entitled to continue in employment subject to the Rules and Working Conditions Agreement. The form of notice to be
used is attached hereto and is identified as Appendix Attachment "A." Upon receipt of such notice, the Superintendent will, within ten
calendar days of such receipt, so notify the employee concerned in writing by Certified Mail, Return Receipt Requested, or by personal
delivery evidenced by receipt. Copy of such notice to the employee shall be given the Local Chairman of the Union. An employee so notified
who disputes the fact that he has failed to comply with the terms of this Article, shall within a period of ten calendar days from the date of
receipt of such notice request the Superintendent in writing by Certified Mail, Return Receipt Requested, or by personal delivery evidenced
by receipt, to accord him a hearing. Upon receipt of such request the Superintendent shall set a date for hearing which shall be held within
ten calendar days of the date of receipt of request therefore. Notice of the date set for hearing shall be promptly given the employee in
writing with copy to the Local Chairman of the Union, by Certified Mail, Return Receipt Requested, or by personal delivery evidenced by
receipt. A representative of the Union shall attend and participate in the hearing. The receipt by the Superintendent of a request for a
hearing shall operate to stay action on the termination of employment until the hearing is held and the decision of the Superintendent is
rendered.
In the event the employee concerned does not request a hearing as provided herein, the Carrier shall proceed to terminate his seniority and
employment under the Rules and Working Conditions Agreement not later than 30 calendar days from receipt of the above described notice
from the Union, unless the Carrier and the Union agree otherwise in writing.
2. The Superintendent shall determine on the basis of the evidence produced at the hearing whether or not the employee has complied with
the terms of this Article and shall render a decision within 10 calendar days from the date that the hearing is closed, and the employee and
the Local Chairman of the Union shall be promptly advised thereof in writing by Certified Mail, Return Receipt Requested.
If the decision is that the employee has not complied with the terms of this Article, his seniority and employment under the Rules and
Working Conditions Agreement shall be terminated within 10 calendar days of the date of said decision except as hereinafter provided or
unless the Carrier and the Union agree otherwise in writing.
If the decision is not satisfactory to the employee or to the Union it may be appealed in writing, by Certified Mail, Return Receipt Requested,
directly to the Director of Labor Relations. Such appeals must be received by such officer within 10 calendar days of the date of the
decision appealed from and shall operate to stay action on the termination of seniority and employment, until the decision on appeal is
rendered. The Carrier shall promptly notify the other party in writing of any such appeal, by Certified Mail, Return Receipt Requested. The
decision on such appeal shall be rendered within 15 calendar days of the date the notice of appeal is received, and the employee and the
Union shall be promptly advised thereof in writing by Certified Mail, Return Receipt Requested.
If the decision on such appeal is that the employee has not complied with the terms of this Article, his seniority and employment under the
Rules and Working Conditions Agreement shall be terminated within 10 calendar days of the date of said decision.
3. Provisions of investigation and discipline rules contained in the Rules and Working Conditions Agreement between the parties hereto will
not apply to cases arising under this Article.
4. In computing the time periods specified in this agreement, the date on which a notice is received or decision rendered shall not be
counted.
G. An employee whose seniority and employment under the Rules and Working Conditions Agreement is terminated pursuant to the
provisions of this Article shall have no time or money claims by reason thereof.
If the final determination under Paragraph F of this Article is that an employee's seniority and employment under the Rules and Working
Conditions Agreement shall be terminated, no liability against the Carrier in favor of the Union or other employees based upon an alleged
violation, misapplication or non-compliance with any part of this agreement shall arise or accrue during the period up to the expiration of the
time periods specified in Paragraph F, or while such determination may be stayed by a court, or while a discharged employee may be
restored to service pursuant to judicial determination. During such periods, no provision of any other agreement between the parties hereto
shall be used as the basis for a grievance or time or money claim by or on behalf of any employee against the Carrier predicted upon any
action taken by the Carrier in applying or complying with this Article or upon an alleged violation, misapplication or non-compliance with any
provision of this Article. If the final determination under Paragraph F of this Article is that an employee's employment and seniority shall not
be terminated, his continuance in service shall give rise to no liability against the Carrier in favor of the Union or other employees based
upon an alleged violation, misapplication or non-compliance with any part of this Article.
H. In the event that seniority and employment under the Rules and Working Conditions Agreement is terminated by the Carrier under the
provisions of this Article, and such termination of seniority and employment is subsequently determined to be improper, unlawful, or
unenforceable, the Union shall indemnify and save harmless the Carrier against any and all liability arising as the result of such improper,
unlawful, or unenforceable termination of seniority and employment; provided, however, that this Paragraph H shall not apply to any case in
which the Carrier is the plaintiff or the moving party in the action in which the aforesaid determination is made or in which case the Carrier
acts in collusion with any employee; provided further, that the aforementioned liability shall not extend to the expense to the Carrier in
defending suits by employees whose seniority and employment are terminated by the Carrier under the provisions of this agreement.
APPENDIX ATTACHMENT "A"
, Superintendent Norfolk and Western Railway Company
Dear Sir:
You are hereby advised that , (Name of Employee and Account
No.) Employed as at has failed to comply with the terms of
the Union Shop Agreement dated , for the reason that (date)
.
It is therefore requested that such employee be so notified in accordance with the provisions of Section 6 (a) of the (date) Agreement.
Yours truly,
(personal signature)
Local Chairman
United Transportation Union C&T
Section 2
A In accordance with and subject to the terms and conditions hereinafter set forth, the Carrier will deduct each month from wages due the
employees of the Carrier who are members of the Organization, all sums for periodic union dues, initiation fees, assessments (not including
fines and penalties) and insurance premiums where included in monthly dues, uniformly required as a condition of acquiring or retaining
membership in the Organization and payable to the Organization.
B. No such deduction shall be made except from the wages of an employee who has executed and furnished to the Carrier a written
assignment, in the manner and form hereafter provided, of such membership dues, initiation fees, assessments (not including fines and
penalties) and insurance premiums where included in monthly dues. Such assignment shall be substantially in the form specified in
Attachment "A" hereto and shall, in accordance with its terms, be revocable in writing at any time after the expiration of one year from the
date of its execution, or upon the termination of this agreement, or upon the termination of the Rules and Working Conditions Agreement
between the parties hereto, whichever occurs sooner. Revocations of assignment shall be substantially in the form specified in Attachment
"B" hereto, and both the assignment and revocation of assignment forms shall be reproduced and furnished as necessary by the
Organization without cost to the Carrier. The Organization shall assume the full responsibility for the procurement of and the execution of
said forms by employees, and for the delivery of said forms to the Carrier.
C. Deductions as provided for herein will be made by the Carrier in accordance with certified deduction lists furnished to the Carrier by the
Treasurer of the Organization. These lists, together with assignment and revocation of assignment forms, shall be furnished to the Carrier at
least 30 days in advance of the first payroll in which the deduction or termination of deduction is to become effective. The original list
furnished shall show the employee's name, Social Security Number, and the amount to be deducted. Thereafter lists shall be furnished each
month as follows:
1. A list showing any changes in the amounts to be deducted by the Carrier from the wages of employees with respect to whom deductions
are already being made as herein provided, which list shall show both the amounts previously authorized to be deducted and the new
amounts to be deducted. The dues deduction amounts may not be changed more often than every three months.
2. A list showing (a) the names of employees from whose wages no further deductions shall be made, accompanied by revocation of
assignment in the form hereto attached signed by each employee so listed and (b) the names of any additional employees from whose
wages the Carrier shall make deductions as herein provided, together with an assignment in the form hereto attached signed by each
employee so listed. Such lists as described in this subsection 2 shall be furnished the Carrier at least 30 days in advance of the first payroll
in which the deduction or termination of deduction is to become effective.
D. Deductions as provided for herein will be made monthly by the Carrier from wages due employees for the last half pay period in each
calendar month and the Carrier will, subject to the provisions of Paragraph E hereof, pay to the order of the Organization, the total amount of
such deductions on or before the last day of the month following the month in which such deductions are made. With said payment the
Carrier shall furnish to the Organization a uniform alphabetical list (in triplicate) for each local lodge each month. Such list will include the
employee's name, Social Security Number or payroll identification number, and the amount of union dues deducted from each employee.
E. 1. Payroll deductions provided for herein will be made by the Carrier only once a month, and then only in the last half of the month pay
period. If earnings of an employee are insufficient to permit the full amount of deduction, no deduction will be made and the responsibility for
collection shall rest with the Treasurer of the Organization. The following payroll deductions shall have priority over deductions for union
dues, initiation fees, assessments (not including fines and penalties) and insurance premiums where included in monthly dues as covered
by Paragraph 1 A of this Article:
Federal, State and Municipal Taxes.
Board and room
Amounts due the company.
Group insurance and hospitalization (including Surgical and Medical Plans).
Prior Valid Assignments and Deductions.
Garnishees and deductions under Court Orders.
2. This Article shall cease to apply to any employee who may be adjudicated bankrupt or insolvent under any applicable federal or state law.
F. In cases where no deduction is made from the wages of an employee due to insufficient funds or other reasons, the amounts not
deducted shall not be added to the deduction lists for that employee for any subsequent payroll period.
G. (Deleted by Agreement dated January 1, 1974.)
H. Responsibility of the Carrier under this Article shall be limited to remitting to the Organization amounts actually deducted from the wages
of employees pursuant to this Article and the Carrier shall not be responsible financially or otherwise for failure to make deductions or from
making improper or inaccurate deductions. Insofar as permitted by law, any question arising as to the correctness of the amount deducted
shall be handled between the employee involved and the Organization, and any complaints against the Carrier in connection therewith shall
be handled by the Organization on behalf of the employee concerned.
I. No part of this Article shall be used in any manner whatsoever, either directly or indirectly, as a basis for a grievance or time claim by or in
behalf of any employee; and no part of this or any other agreement between the Carrier and the Organization shall be used as a basis for a
grievance or time claim by or in behalf of any employee predicated upon any alleged violation of, or misapplication or non-compliance with,
any part of this Article.
J. The Organization shall indemnify, defend and save harmless the Carrier from any and all claims, demands, liability, losses or damage
resulting from the entering into or complying with the provisions of this Article.
K. In the event of a change in representation of any craft or class of employees covered by this Article, this Article will be automatically
terminated as to such craft or class of employees as of the date official notification is received from the National Mediation Board of such
change in representation as to such craft or class of employees.
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