United pilots contract, LOA 12-06 — Union Security and Check-Off
A Union Security & Agency Shop
A-1 Required Membership or Payment of Service Charge Each Pilot on the Seniority List shall be required, as a condition of employment, beginning sixty (60) days after the completion of his probationary period to: a) be or become a member of the Association or b) pay a monthly service charge to the Association for the administration of the Agreement and representation of the Pilot.
A-1-a Amount of Monthly Service Charge The monthly service charge shall be equal to the Association’s regular monthly dues, initiation fee and periodic assessments, including assessments by the Association and assessments by the UAL MEC, which would be required to be paid by such Pilot if a member.
A-1-b Exception to Required Monthly Service Charge Neither membership in the Association nor the payment of a service charge shall be required from any Pilot: 1) for whom membership is not available upon the same terms and conditions generally applicable to any other member or 2) as to whom membership was denied or terminated for any reason other than the failure to tender periodic dues, initiation fees and assessments uniformly required by the Association or the United Air Lines MEC as a condition of acquiring or retaining membership.
A-1-c Uniform Treatment of Members and Non-Members
The Association shall treat members and non-members alike in calculating the amounts due, in establishing the due date of payments, and in determining whether a Pilot’s account is delinquent.
A-2 Delinquent Payments
A-2-a Notice of Delinquency
If any Pilot covered by the Agreement becomes delinquent in the required payment of the service charge under Paragraph A-1 of this Letter of Agreement or any Association or MEC assessment, or if any Association member loses membership on account of the non-payment of dues or any Association or MEC assessment, the Association may notify such Pilot by Certified Mail, return receipt requested, and by regular U.S. mail, with a copy to the Company’s senior- most flight-qualified Vice-President in charge of Flight Operations (“SRVP—Flight Operations”) or his designee.
A-2-b Content of Notice
The notice of delinquency shall advise the Pilot that: (1) he is delinquent in his required payments; (2) the total amount due to the Association; (3) the period for which he is delinquent; (4) he must remit the required payment within fifteen (15) days; and (5) he is subject to discharge as an employee of the Company for failure to remit payment within the required time period.
A-2-c Deemed Receipt of Notice
The notice of delinquency shall be deemed received by the Pilot, whether or not it is personally received by him, when mailed by the Association Certified Mail, Return Receipt Requested, postage prepaid to the Pilot’s last known address or to any other address which the Pilot has designated.
A-2-d Duty of Pilot
It is the duty of every Pilot covered by the Agreement to notify the Association’s Membership Services Department of every change in his home address or other mailing address to which the notice of delinquency can be sent, if the Pilot’s home address is at any time unacceptable for this purpose.
A-3 Certification of Uncured Delinquency; Discharge
If the Pilot remains delinquent after the expiration of the 15-day period, the Association shall certify in writing to the SRVP-Flight Operations or his designee, with a copy to the Pilot, both by Certified Mail, Return Receipt Requested, that the Pilot has failed to make payment within the time allowed and is, therefore, to be discharged. The SRVP-Flight Operations shall take the proper steps to discharge the Pilot from the service of the Company as soon as possible, and in any event shall notify the Pilot of his discharge within twenty-one (21) days after receipt of the notice requesting discharge.
A-4 Protest and Appeal of Discharge
A protest by a Pilot who is to be discharged as provided in Paragraph A-3 of this Letter of Agreement shall be subject to the following procedures:
A-4-a Request for Review
A Pilot who believes the provisions of Paragraph A of this Letter of Agreement have been improperly interpreted or applied as they pertain to him, may protest the discharge by submitting a written request for review within ten (10) days after receiving the notification of discharge. The request must be sent by Certified Mail, Return Receipt Requested, to the SRVP- Flight Operations or his designee, who shall provide a written decision, no later than ten (10) days following receipt of the Pilot’s request.
A-4-b Decision of SRVP-Flight Operations
The written decision of the SRVP-Flight Operations or his designee shall be sent to the Pilot, with a copy to the Association, both by Certified Mail, Return Receipt Requested. This decision shall be final and binding on all interested parties, unless appealed as provided below.
A-4-b-(1) If the SRVP-Flight Operations’ decision is not satisfactory to the Pilot or the Association, either may appeal within ten (10) days from the receipt of the decision, by filing a notice of appeal. Such notice shall be sent to the other party and to the Company, by Certified Mail, Return Receipt Requested.
A-4-b-(2) The appeal shall be submitted to a neutral arbitrator. The neutral arbitrator shall be selected by the Pilot and the Association within ten (10) days after receipt of the notice of appeal. In the event the Pilot and the Association fail to agree upon a neutral arbitrator within the 10-day period, either may request the National Mediation Board to provide a panel of neutral arbitrators, from which the parties shall select a neutral using the strike method.
A-4-b-(3) The hearing before the neutral arbitrator shall be held as soon as possible, and the decision of the neutral arbitrator shall be requested within thirty (30) days after the hearing. The neutral arbitrator’s decision shall be final and binding on all parties. The neutral arbitrator’s fees and charges shall be borne equally by the Pilot and the Association.
A-4-c Status of Pilot Pending Appeal
During the protest period, and until final decision is rendered by the SRVP-Flight Operations as provided in Paragraph A-4-b of this Letter of Agreement, the Pilot shall not be discharged nor lose any seniority rights on the basis of the asserted delinquency in payment of financial obligations to the Association.
A-4-d Characterization of Discharge
A Pilot discharged by the Company under the provisions of Paragraph A of this Letter of Agreement shall have been “discharged for cause” within the meaning of the Agreement.
A-5 Indemnification of Company by Association
The Company shall be held harmless and indemnified by the Association for any and all claims, awards or judgments, including court costs, which may result from action by any Pilot or Pilots by virtue of the wrongful application and/or misinterpretation of any of the terms of Paragraph A of this Letter of Agreement.
A-6 Exception for Pilots in Management Positions
The requirements referenced in Paragraphs A-1 of this Letter of Agreement shall not apply to any Pilot during periods of time he holds a management position.
B Authorized Payroll Deductions
B-1 Association Dues, Service Charges and Assessments
B-1-a Company Deduction and Transmission of Dues
During the life of the Agreement, the Company shall deduct on a monthly basis from the earnings of each Pilot and remit to the Association, along with an accounting thereof, an amount equal to the Association’s regular monthly dues or service charges and any assessments, provided such Pilot voluntarily executes the appropriate dues check-off form specified in Paragraph B-5 of this Letter of Agreement. In addition, the Company shall deduct on a monthly basis from the earnings of any Pilot who voluntarily executes the Check-Off Form for past Association financial obligations specified in Paragraph B-5 of this Letter of Agreement, the amount specified in the form. For purposes of Paragraph B-1-a of this Letter of Agreement, the term “earnings” shall include hourly pay, overrides, profit sharing, bonuses, and all other airline income received by the Pilot in service with the Company.
B-1-b Transmission of Checked-Off Amounts
The Company shall remit the amounts deducted under Paragraph B-1 of this Letter of Agreement to the Association in the manner and at the time provided in Paragraph B-5 of this Letter of Agreement.
B-1-c Association Obligation to Refund Duplicate or Improperly Deducted Amounts
The Association shall provide refunds to affected members for duplicate payments and/or for amounts deducted for dues, service charges and assessments that are not in conformity with the provisions of the Association Constitution and Bylaws.
B-2 Voluntary Charitable Contributions
B-2-a Deduction of Contributions to UAL Pilots Charitable Foundation
During the life of the Agreement, the Company shall deduct from the pay of each Pilot the dollar amount authorized by the Pilot as a charitable contribution by the Pilot to the United Air Lines Pilots’ Charitable Foundation, Inc. (the “Foundation”), provided that such Pilot voluntarily executes the appropriate Check-Off Form under Paragraph B-5 of this Letter of Agreement.
B-2-b Transmission of Contributions to the Foundation
The Company shall remit the amounts deducted under Paragraph B-2 of this Letter of Agreement to the Foundation in the manner and at the time provided in Paragraph B-5 of this Letter of Agreement.
B-3 Contributions to ALPA Furlough Fund
B-3-a Deduction of Contributions to Furlough Fund
During any period during which the UAL MEC declares the Air Line Pilots Association Furlough Fund (the “ALPA-FF”) to be active, the Company agrees to deduct from the earnings of each Pilot who authorizes such contributions by voluntarily executing the appropriate Check-Off Form under Paragraph B-5 of this Letter of Agreement the amount specified in the Form (which shall be the contribution amount determined by the MEC at the time it activates or reactivates the ALPA-FF), and to contribute that amount to the ALPA-FF.
B-3-b Status of ALPA-FF As of the effective date of the Agreement, the ALPA-FF is inactive. The Association reserves the right to reactivate the ALPA-FF at any time upon written notice to the Company.
B-3-c Transmission of Contributions to ALPA-FF The Company shall remit the amounts deducted under Paragraph B-3 of this Letter of Agreement to the ALPA-FF in the manner and at the time provided in Paragraph B-5 of this Letter of Agreement, together with a list of contributing Pilots and the amount contributed by each.
B-4 Political Action Committee (PAC) Contributions
B-4-a Contributions to ALPA-PAC The Company shall deduct monthly contributions to the Air Line Pilots Association Political Action Committee (“ALPA-PAC”) from the pay of each Pilot who voluntarily authorizes such deductions by completing the applicable Check-Off form under Paragraph B-5 of this Letter of Agreement, in the amount specified by the Pilot in such form.
B-4-b Contributions to UP-PAC The Company shall deduct monthly contributions to the United Pilots Political Action Committee (“UP-PAC”) from the pay of each Pilot who voluntarily authorizes such deductions by completing the applicable Check-Off form under Paragraph B-5 of this Letter of Agreement, in the amount specified by the Pilot in such form.
B-4-c Transmission of Contributions to ALPA-PAC and UP-PAC The Company shall remit the amounts deducted to the applicable PAC in the manner and at the time provided in Paragraph B-5 of this Letter of Agreement, together with a list of contributing Pilots and the amount contributed by each.
B-4-d The Association shall pay the Company the reasonable costs incurred in implementing and maintaining the ALPA-PAC and UP-PAC contribution processes.
B-4-e The Association certifies to the Company that:
B-4-e-(1) No assignment and authorization shall be transmitted to the Company which was obtained by the Association under the twice-yearly solicitation provisions of Section 441b.(b)(4)(B) of Title 2 of the United States Code;
B-4-e-(2) All funds transmitted to the ALPA-PAC shall be used solely in connection with federal elections; and
B-4-e-(3) All funds transmitted to the UP-PAC shall be used solely in connection with federal, state, and local elections.
B-5 Check-Off Forms
B-5-a Adoption of Check-Off Forms The Check-Off Forms to be used under Paragraph B shall be as follows:
B-5-a-(1) The Check-Off Form for authorizing deduction of current and future dues, assessments and service charges under Paragraph B-1-a of this Letter of Agreement is attached to this Letter of Agreement as Appendix A.
B-5-a-(2) The Check-Off Form for authorizing deduction of past dues, assessments and service charges under Paragraph B-1-a of this Letter of Agreement is attached to this Letter of Agreement as Appendix B.
B-5-a-(3) The Check-Off Form for authorizing deduction of charitable contributions to the Foundation under Paragraph B-1-a of this Letter of Agreement is attached to this Letter of Agreement as Appendix C.
B-5-a-(4) The Check-Off Form for authorizing deduction of contributions to ALPA-FF under Paragraph B-3-a of this Letter of Agreement is attached to this Letter of Agreement as Appendix D.
B-5-a-(5) The Check-Off Form for authorizing deduction of contributions to ALPA-PAC under Paragraph B-4-a of this Letter of Agreement is attached to this Letter of Agreement as Appendix E.
B-5-a-(6) The Check-Off Form for authorizing deduction of contributions to UP-PAC under Paragraph B-4-b of this Letter of Agreement is attached to this Letter of Agreement as Appendix F.
B-5-b Submission of Check-Off Forms to the Company
All Check-Off Forms shall be submitted through the Chairman of the United MEC who shall forward original signed copies to the Company.
B-5-c Effectiveness of Check-Off Forms
A properly executed Check-Off Form filed with the Company before the fifteenth of any month shall become effective the first of the month following its receipt by the Company. Illegible or improperly executed forms shall be returned to the Chairman of the United MEC.
B-5-d Revocation of Check-Off Forms
Any notice of revocation as set forth in the Check-Off Form must be in writing, signed by the Pilot and delivered by certified mail addressed to the Company. The Company shall forward a copy of the written revocation to the Chairman of the United MEC following the processing of the revocation through the Company’s payroll system.
B-5-e Date of Receipt of Forms and Revocation Notices by Company
Check-Off Forms and revocation notices received by the Company shall be date-stamped on the date received and shall constitute notice to the Company of the date received and not when mailed.
B-5-f Time of Deductions and Transmission of Deducted Amounts
All deductions authorized by a Pilot’s outstanding unrevoked Check-Off Form under this Paragraph B of this Letter of Agreement shall be made from paychecks in accordance with United’s practice prior to the effective date of the Agreement, provided there is a sufficient balance due the Pilot after all other required and necessary deductions (including payments to
be made to the Company and/or the Credit Union) have been taken. Within a reasonable time after the second regular paycheck issued each month, the Company shall issue checks to the Association, the Foundation, ALPA-FF, ALPA-PAC and UP-PAC for the all amounts deducted for that month pursuant to outstanding and unrevoked Check-Off Forms.
B-5-g Automatic Revocation of Check-Off Authorization
A Pilot who has executed a Check-Off Form and who: (1) transfers to a position not covered under the Agreement; (2) resigns from the Company; (3) is furloughed; or (4) is otherwise terminated from the employ of the Company, shall be deemed to have revoked his Check-Off authorization as of the date of his change in employment status. If the individual transfers back to a position covered under the Agreement; is rehired; or returns to work due to recall, additional deductions dues, service charges, assessments, and charitable contributions shall be made only upon execution and receipt of another Check-Off Form. Check-Off Forms for ALPA- FF contributions shall be deemed to have been revoked at such time as the United MEC changes the ALPA-FF’s status from active to inactive. If the MEC subsequently re-activates the ALPA-FF, a new Check-Off Form shall be required in order to authorize deduction of renewed contributions (unless the MEC chooses to treat the reactivation as an MEC assessment covered by Pilots’ Check Off Forms under Paragraph B-5-a-(1) of this Letter of Agreement.
B-5-h Responsibility of Association
The Association is responsible to verify apparent errors in all deductions taken pursuant to Paragraph B of this Letter of Agreement, as well as all delinquent and/or missed collections of dues, service charges, and assessments before contacting the Company.
B-6 Indemnification of Company by Association
The Company shall be held harmless and indemnified by the Association for any claims made by individuals for the wrongful application and/or misapplication of any of the terms of Paragraph B of this Letter of Agreement. The Company shall also be held harmless and indemnified by the Association for any claims, expenses, and judgments (including reasonable attorney fees) which may arise out of the use of the Company’s payroll deduction process for funds transmitted to the ALPA-PAC and/or UP-PAC for making contributions to and expenditures for candidates for federal, state and local offices.
C General
C-1 Duration
This Letter of Agreement shall become effective on the effective date of the Agreement and shall be subject to change in the same manner as specified in the Section 25 of the Agreement.
C-2 Status of Existing Check-Off Authorizations
The fact of the execution of the Agreement or this Letter of Agreement shall not revoke any Check- Off Form which was outstanding and unrevoked immediately prior to the effective date of this Agreement. The only circumstances a Pilot’s existing Check-Off Form(s) can be revoked are the circumstances expressly stated in the Check-Off Form and this Letter of Agreement.
AGREED, this 18th day of December, 2012.
For United Airlines, Inc.: For the Air Line Pilots Association, International:
Captain Fred Abbott Senior Vice President Flight Operations Captain Donald L. Moak President Air Line Pilots Association, International
P. Douglas McKeen Senior Vice President Labor Relations
Captain Jay Heppner Chairman UAL MEC
Captain Jay Pierce Chairman CAL MEC
APPENDIX A
ASSIGNMENT AND AUTHORIZATION FOR VOLUNTARY CHECK-OFF OF ASSOCIATION DUES, ASSESSMENTS AND SERVICE CHARGES
To: United Airlines, Inc.
I, , hereby authorize and direct United Airlines, Inc. (“United”) to deduct from my earnings such monthly dues (1.95% as of November 1, 2012, or such other amount as may be set by the Association), periodic assessments by the Association, periodic assessments by the United MEC, and and/or service charges as are now or may hereafter be established in accordance with the Constitution and By-Laws of the Air Line Pilots Association, International (the “Association”) and as defined in the Union Security and Check-Off Agreement between United and the Association (the “Check-Off Agreement”), for remittance to the Association. I agree that this authorization will be irrevocable for one year from the date hereof or until termination of the Check-Off Agreement, whichever occurs sooner. If the Check-Off Agreement is terminated, this authorization will automatically be terminated. In the absence of termination of the Check-Off Agreement, this authorization may be revoked effective as of any anniversary date of the signing hereof by written notice given by me to United and to the Association, by certified mail, return receipt requested, during the ten days immediately preceding any such anniversary. This form does not revoke an existing check-off form unless and until it has been duly executed by the employee.
Signature of Employee:
Employee’s Printed Name:
Street Address:
_
City/State/Zip:
UAL File Number:
Base:
ALPA Number:
Date:
APPENDIX B
ASSIGNMENT AND AUTHORIZATION FOR VOLUNTARY CHECK-OFF OF PAST ASSOCIATION FINANCIAL OBLIGATIONS
To: United Airlines, Inc.
I,
, hereby authorize and direct United Airlines, Inc. (“United”) to deduct $ from my earnings, up to a total dollar amount of $ to pay for back dues, assessments and/or service charges owed to the Air Line Pilots Association, International (the “Association”). Such amount so deducted is hereby assigned to the Association, subject to all the terms and provisions of the Constitution and By-Laws of the Association, the applicable collective bargaining agreement (including the Union Security and Check-Off Agreement (the “Check-Off Agreement”)), for transmission to the Association. I agree that this authorization will be irrevocable for one year from the date hereof or until termination of the Check-Off Agreement, whichever occurs sooner. If the Check-Off Agreement is terminated, this authorization will automatically be terminated. In the absence of termination of the Check-Off Agreement, this authorization may be revoked effective as of any anniversary date of the signing hereof by written notice given by me to United and to the Association, by certified mail, return receipt requested, during the ten days immediately preceding any such anniversary. This assignment shall be deemed satisfied when the total dollar amount set forth above has been transmitted to the Association. This form does not revoke an existing check-off form unless and until it has been duly executed by the employee.
Signature of Employee:
Employee’s Printed Name:
Street Address:
_
City/State/Zip:
UAL File Number:
Base:
ALPA Number:
Date:
APPENDIX C
ASSIGNMENT AND AUTHORIZATION FOR VOLUNTARY CONTRIBUTIONS TO THE UNITED AIR LINES PILOTS’ CHARITABLE FOUNDATION, INC.
To: United Airlines, Inc. I, , hereby authorize and direct United Airlines, Inc. to deduct $ per month from my earnings as a contribution to the United Airlines Pilots’ Charitable Foundation, Inc. (the “Foundation”), for transmission to the Foundation.
The deducted amount is hereby assigned to the Foundation. This assignment and authorization may be revoked by me in writing at any time. I shall send a copy of my revocation to the Chairman of the United MEC.
Signature of Employee:
Employee’s Printed Name:
Street Address:
City/State/Zip:
UAL File Number:
Base:
ALPA Number:
Date:
APPENDIX D
ASSIGNMENT AND AUTHORIZATION FOR VOLUNTARY CHECK-OFF OF ASSOCIATION DUES
To: United Airlines, Inc. I hereby authorize and direct United Airlines, Inc. (“United”) to deduct $ of my earnings per month and to remit that amount to the Air Line Pilots Association Furlough Fund (ALPA-FF). This authorization is made based on my specific understanding that ALPA shall use the money it receives from this fund solely for making payment of furloughed Pilot health insurance premiums. This authorization shall remain in full force and effect until the earlier of (1) revocation in writing by me, or (2) the recall of all United Pilots who are on furlough, or by resolution of the United MEC to terminate the assessment.
Signature of Employee:
Employee’s Printed Name:
Street Address:
City/State/Zip:
UAL File Number:
Base:
ALPA Number:
Date:
City/State/Zip: UAL File Number: Base: ALPA Number: Date:
APPENDIX E
ASSIGNMENT AND AUTHORIZATION FOR CHECK-OFF OF ALPA-PAC CONTRIBUTIONS
To: United Airlines, Inc. I,
, hereby authorize and direct United Airlines, Inc. (“United) to deduct $ per month from my earnings and to remit that amount to the Air Line Pilots Association Political Action Committee (“ALPA –PAC”). This authorization is voluntarily made based on my specific understanding that: (i) the signing of this authorization and the making of these voluntary contributions are not conditions of membership in the Air Line Pilots Association (the “Association”) or of employment by United; (ii) any guideline amount suggested by ALPA-PAC or its representatives is only a suggestion and I may contribute more or less and will not be favored or disadvantaged by the Association for doing so; and (iii) I may refuse to contribute without reprisal; and (iv) ALPA-PAC, which is connected with the Association, uses the money it receives solely for making contributions to and expenditures for candidates for federal elected offices. This authorization shall remain in full force and effect until revoked in writing by me pursuant to the provisions of the Union Security and Check-Off Agreement (the “Check-Off Agreement”) between United and the Association, or until the Check-Off Agreement is terminated, whichever occurs sooner. I certify that I am either a United States citizen or a foreign national lawfully admitted to the United States for permanent residence as defined by section 101(s)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(s)(20)).
Signature of Employee:
Employee’s Printed Name:
Street Address:
City/State/Zip: UAL File Number: Base: ALPA Number: Date:
APPENDIX F ASSIGNMENT AND AUTHORIZATION
FOR CHECK-OFF OF UP-PAC CONTRIBUTIONS
To: United Airlines, Inc.
I,
, hereby authorize and direct United Airlines, Inc. (“United) to deduct $ per month from my earnings and to remit that amount to the United Pilots Political Action Committee (“UP –PAC”). This authorization is voluntarily made based on my specific understanding that: (i) the signing of this authorization and the making of these voluntary contributions are not conditions of membership in the Air Line Pilots Association (the “Association”) or of employment by United; (ii) any guideline amount suggested by UP-PAC or its representatives is only a suggestion and I may contribute more or less and will not be favored or disadvantaged by the Association for doing so; and (iii) I may refuse to contribute without reprisal; and (iv) ALPA-PAC, which is connected with the United Pilots Master Executive Council of the Association, uses the money it receives solely for making contributions to and expenditures for candidates for elected offices and for other political activities at the federal, state, and/or local level consistent with applicable laws relating to such activities.
This authorization shall remain in full force and effect until revoked in writing by me pursuant to the provisions of the Union Security and Check-Off Agreement (the “Check-Off Agreement”) between United and the Association, or until the Check-Off Agreement is terminated, whichever occurs sooner.
I certify that I am either a United States citizen or a foreign national lawfully admitted to the United States for permanent residence as defined by section 101(s)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(s)(20)).
Signature of Employee:
Employee’s Printed Name:
Street Address: