ARTICLE 30. DUES CHECKOFF
A. During the life of this Agreement, the Company agrees to deduct from the pay of each employee covered by this Agreement, and remit to the Air Line Pilots Association, membership dues and/or service charges uniformly required by the Air Line Pilots Association, as a condition of acquiring or retaining membership and in accordance with the provisions of the Railway Labor Act, as amended, provided such employee voluntarily executes the following agreed upon form. This form, also to be known as a “Check Off Form”, shall be prepared and furnished by the Air Line Pilots Association.
B. When a Pilot covered by this Agreement properly executes such a “Check Off Form”, the Vice President of Finance for the Air Line Pilots Association shall forward an original copy to the Director of Human Resources of Emery Worldwide Airlines. Any “Check Off Form” which is incomplete or improperly executed will be returned to the Vice President of Finance of the Air Line Pilots Association. Any notice of revocation as provided for in this Agreement or the Railway Labor Act, as amended, must be in writing, signed by the Pilot and delivered by certified mail, addressed to the Director of Human Resources of Emery Worldwide Airlines with a copy to the Air Line Pilots Association. “Check Off Forms” and notices received by the Director of Human Resources will be stamp-dated on the date received and will constitute notice to the Company on the date received and not when mailed.
C. When a “Check Off Form” or notice of revocation, as specified herein, is received by the Director of Human Resources at least five (5) days prior to a scheduled payday, deductions will commence or cease, respectively, with that payday, and will continue thereafter until revoked or canceled as provided in the “Check Off Form.” The Company will remit to the Air Line Pilots Association a check in payment of all dues and/or service charges collected in a given month as soon after the end of a month as possible. These remittances will be subject to normal accounting practice with respect to adjustments necessary because of the methods involved in the deduction procedure. The Company remittance of the Air Line Pilots Association dues and/or service charges to the Air Line Pilots Association will be accompanied by a list of names of the Pilots for whom deductions have been made in that particular period.
D. No deductions of the Air Line Pilots Association dues will be made from the wages of any Pilot who has executed a “Check Off Form” and who has been transferred to a job not covered by this Agreement, or who is on leave without pay. Upon return to work within a classification covered by this Agreement, deductions shall be automatically resumed provided the Pilot has not revoked the assignment in accordance with the provisions stipulated on the “Check Off Form” and of the Railway Labor Act, as amended.
E. A Pilot who has executed a “Check Off Form” and who resigns or is otherwise terminated from the Company will be deemed to have automatically revoked his assignment, and if he is subsequently reemployed, further deductions of the Air Line Pilots Association dues will be made only upon execution and receipt of a new “Check Off Form”.
F. If the amount of a Pilot’s paycheck is insufficient to cover all deductions, then deductions of dues will occur only after deductions of amounts required by law, or authorized by the Pilot for payment of pre-tax 401(k) contributions and miscellaneous Company benefit plan deductions. Any arrearages of dues payments will be withheld in subsequent pay period(s). In the event of termination of employment, the obligation of the Company to collect dues will not extend beyond the Pilot’s last pay period.
ASSIGNMENT AND AUTHORIZATION FOR PAYMENT OF ASSOCIATION SERVICE CHARGES AND DUES
(“CHECK OFF FORM”)
To: Emery Worldwide Airlines, Inc.
________________________, hereby authorize and direct the Company to deduct from my pay such monthly dues as are now or may hereafter be established in accordance with the Constitution and By-Laws of the Association, or service charges in an amount equal to such dues, for remittance to the Air Line Pilots Association. I agree that this authorization shall be irrevocable for one (1) year from the date hereof or until termination of the Service Charges and Dues Agreement between the Company and the Association, whichever occurs sooner.
If the Service Charges and Dues Agreement is terminated, this authorization shall be automatically terminated. In the absence of a termination of the Service Charges and Dues Agreement, this authorization may be revoked effective as of any anniversary date of the signing hereof by written notice given by me to the Company and the Association by certified mail, return receipt requested, during the ten (10) days immediately preceding any such anniversary.
Signature of Employee ____________________________
Address of Employee _____________________________
Employee Number _____________________________
ALPA Number _____________________________