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 Association’s 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 – Flight Operations
·
Vice
President – Safety
·
Director
– 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 Association’s Constitution and By Laws, while serving as a management Pilot. The provisions of this Article pertain solely to a Pilot’s 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
Association’s 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 Pilot’s 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 Association’s 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 Pilot’s 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 “discharged for cause” 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.