Article 3. Union Security and Check-Off

CBA Article 3.
Union Security and Check-Off

 

Section 1. Membership

Subject to applicable law, all employees of MIT covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement or who become members of the Union in good standing following the effective date of this Agreement shall as a condition of employment (i.e., appointment) remain members of the Union in good standing insofar as the payment of periodic dues and initiation fees, uniformly required, is concerned.

Subject to applicable law, all present employees of MIT covered by this Agreement who are not members of the Union and individuals hired after the effective date of this Agreement shall as a condition of employment (i.e., appointment), beginning on the thirtieth (30th) day following the effective date of this Agreement or the thirtieth (30th) day following employment, whichever is later, become and remain members of the Union in good standing insofar as the payment of periodic dues and initiation fees, uniformly required, is concerned, or in lieu of such membership, pay to the Union an agency fee. The amount of such agency fee shall be established by the Union in accordance with applicable law, but in no event shall such fee exceed full union dues.

Section 2. Check-Off

MIT shall provide the Union payroll deduction for union dues or agency fees for employees who authorize the deductions in the amount designated in writing by the financial officer of UE Local 256. The deductions shall be made provided the deduction request is timely submitted to MIT’s payroll office on a form authorized by the Union. The deductions shall be made from employees’ paychecks for each pay period. The authorizations may be submitted to the payroll office at any time, and the deductions will commence on the payday following the next payroll cutoff date after the submission of the authorization.

Section 3. Disbursement

MIT will remit the amounts deducted to the financial officer of UE Local 256 on a monthly basis, normally within five (5) days of the end of the month in which they are deducted. However, the parties understand that MIT may remit payment no later than ten (10) days from the end of the month when circumstances (including but not limited to holidays and unplanned system issues) require additional time. MIT will include a complete editable digital list that includes each employee’s name, current wage rate, and the amount deducted from each employee.

Section 4. Future Appointments

Non-payment of union dues or agency fees pursuant to Section 1 of this Article will result in the ending of an employee’s appointment one week early during the second appointment period for which the employee does not pay union dues or agency fees, with such periods understood to be September 1 through January 15, January 16 through May 31, and June 1 through August 31. The affected employee shall be eligible for a new bargaining unit appointment in a future appointment period, including the appointment period immediately subsequent to the second period referred to above.

Section 5. Hold-Harmless Clause

MIT assumes no obligation, financial or otherwise, as a result of complying with the terms of this Article, and the Union agrees that it will indemnify and hold MIT harmless from any claim, action, omission, or proceeding by any employee arising from deductions made by MIT under this Article. Once the funds are transmitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union.

Section 6. Student/Employee Distinction

This Article shall only apply to the status of a graduate student-employee as an employee covered by this Agreement. This Article will not affect a graduate student-employee’s status as a student.