ARTICLE 29.AGENCY SHOP

 

A.††† Each Pilot of the Company covered by this Agreement shall be required, as a condition of employment, beginning sixty (60) days after the effective date of this Agreement, or after the completion of his probationary period, whichever shall last occur: (1) to be or become a member of the Association, or (2) to pay to the Association a monthly service charge for the administration of this Agreement and representation of the Pilot. Such monthly service charge shall be equal to the Associationís regular monthly dues which would be required to be paid by such Pilot if a member; provided that neither membership nor the payment of a service charge shall be required in respect to any such Pilot: (a) for whom membership is not available upon the same terms and conditions generally applicable to any other member, or (b) as to whom membership was denied or terminated for any reason other than the failure to tender periodic dues and initiation fees uniformly required by the Association as a condition of acquiring or retaining membership.

 

B.††† Pilots, while serving the Company in any of the positions listed below, shall be considered to be management officials, and shall not be subject to the requirements of Paragraph A, (above), and Paragraph C, (below).

 

         Vice President Ė Flight Operations

         Vice President Ė Safety

         Director Ė Flight Operations

         Chief Pilot

         Director of Training

         Manager of Training

         Manager of Safety

 

A management Pilot who desires to become and/or remain a member of the Association shall be eligible for Executive Inactive Status, as described in the Associationís Constitution and By Laws, while serving as a management Pilot. The provisions of this Article pertain solely to a Pilotís relationship with the Association, and not to any other aspect of the Agreement (including Article 10, Non-Flying or Management Duty).

 

C.††† If any Pilot who is required under this Agreement to make payment of a service charge and/or membership dues, and/or initiation fees (as defined in paragraph A, above) becomes delinquent in accordance with the Associationís Constitution and By-Laws in the making of such payments, the Association shall notify such Pilot by certified mail, return receipt requested, copy to the Vice President of Operations of the Company, his successor or designee, that the Pilot is delinquent in the payments specified and the total amount of money due and the period for which he is delinquent and that he is subject to discharge as an employee of the Company. Such letter shall also notify the Pilot that he must remit the required payment within a period of fifteen (15) days or be discharged. The notice of delinquency required under this paragraph shall be deemed to be received by the Pilot, whether or not it is personally received by him, when mailed by the Vice President of Finance of the Association by certified mail, return receipt requested, postage prepaid to the Pilotís last known address, or to any address which has been designated by the Pilot. It shall be the duty of every Pilot covered by this Agreement to notify the Associationís Membership Services Department of every change in his home address, or of an address where the notice required by this paragraph can be sent and received by the Pilot, if the Pilotís home address is at any time unacceptable for this purpose.

 

D.††† If, upon the expiration of the fifteen (15) day period, the Pilot still remains delinquent, the Vice President of Finance of the Association shall certify in writing to the Director of Human Resources of the Company, his successor or designee, copy to the Pilot, both by certified mail, return receipt requested, that the Pilot has failed to remit payment within the grace period allowed and should be therefore discharged. The Director of Human Resources, or his designee, shall within five (5) days, terminate the service of such employee as Pilot.

 

E.††† A protest by a Pilot who is to be discharged as a result of any interpretation or application of the provisions of this Article shall be subject to the following procedures:

 

1.†††† A Pilot who believes that the provisions of this Article have not been properly interpreted or applied as they pertain to him, may submit his request for review in writing within five (5) days from the date of his notification by the Director of Human Resources, as provided in Paragraph D, (above). The request must be sent by certified mail, return receipt requested to the Director of Human Resources, or his designee, who will review the protest and render a decision in writing no later than five (5) days following receipt of the protest.

 

2.†††† The Director of Human Resources, or his designee, shall forward his decision to the Pilot with a copy to the Association, both by certified mail, return receipt requested. Said decision shall be final and binding on all interested parties unless appealed as hereinafter provided. If the decision is not satisfactory to either the Pilot or the Association, then either may appeal within ten (10) days from the receipt of the decision, by filing notice of such appeal. Such notice shall be sent to the other party and to the Company, by certified mail, return receipt requested. Appeal shall be directed to a neutral referee who may be agreed upon by the Pilot and the Association within ten (10) days of receipt of the notice of appeal. In the event the parties fail to agree upon a neutral referee within the specified period, either the Pilot or the Association may request the National Mediation Board to name such neutral referee. The hearing before the neutral referee shall be held as soon as possible and the neutral referee shall be requested to render a decision within thirty (30) days after the hearing. The decision of the neutral referee shall be final and binding on all parties to the dispute. The fees and charges of such neutral referee shall be borne equally by the Pilot and the Association.

 

F.††† During the period a protest is being handled under the provisions of this Article, and until final decision is rendered by the Director of Human Resources, his designee or the neutral referee, the Pilot shall not be discharged from the Company nor lose any seniority rights because of non-compliance with the terms and provisions of this Article.

 

G.††† A Pilot discharged by the Company under the provisions of this Article, shall be deemed to have been ďdischarged for causeĒ within the meaning of the terms and provisions of this Agreement.

 

H.††† It is agreed that the Company shall not be liable for any time or wage claim of a Pilot discharged by the Company pursuant to a written order by an authorized Association representative under the terms of this Article.

 

I.††††† The Association agrees to indemnify and hold harmless the Company against any suits, claims, and liabilities which arise out of or by reason of any action taken by the Company pursuant to a written demand by an authorized Association representative under the terms of this Article. The Company shall promptly notify the Association of any such suits, claims, or claims of liabilities made against it.