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ARTICLE 31 - UNION SECURITY
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ARTICLE 31 - UNION SECURITY

A. UNION MEMBERSHIP

1. Flight Attendants covered by this Agreement shall, as a condition of employment, maintain membership in APFA so long as this Agreement remains in effect, to the extent of paying an initiation fee and membership dues (not including fines and penalties).

2. A Flight Attendant may have his/her initiation fee and membership dues deducted from his/her earnings by signing the form "Assignment and Authorization for Check-off of Initiation Fees and Union Dues", as hereinafter set forth, or if no such authorization for payroll deduction is in effect, s/he must pay his/her initiation fee and membership dues directly to APFA.

B. JOINING THE UNION

Flight Attendants, within sixty (60) days after the date of first assignment to line duty as a Flight Attendant with the Company, shall become members of APFA and shall, as a condition of employment, maintain membership in APFA so long as this Agreement remains in effect to the extent of paying initiation fees and membership dues.

C. RECALLED AND REHIRED FLIGHT ATTENDANTS

1. Flight Attendants who have been laid off and are subsequently recalled shall be governed by the provisions of paragraph B. to the extent of maintaining membership in APFA and paying membership dues.

2. Flight Attendants who have resigned from the Company and are subsequently rehired shall be considered new employees for the purposes of this Article and shall be governed by the provisions of paragraph B. to the extent of paying initiation fees and membership dues.

D. UNION DUES DURING LEAVES/TRANSFER

Flight Attendants who are or who become members of APFA under paragraphs A. or B. above shall pay membership dues as set forth herein, except that payment of membership dues shall not be required as a condition of employment during leaves of absence without pay or during periods of transfer to classifications not covered by this Agreement. This shall not apply to transfers or leaves of absence of less than thirty (30) days' duration.

E. DEFINITION OF "MEMBER OF APFA"

"Member of APFA", as used herein, shall mean any Flight Attendant who is a member of APFA and is not more than sixty (60) days in arrears in the payment of initiation fees and membership dues as specified herein.

F. DELINQUENT DUES PROCEDURES

When a Flight Attendant who is a member of APFA becomes delinquent within the meaning of paragraph E. above, the following procedures shall apply:

1. The Secretary/Treasurer of APFA shall notify the Flight Attendant, in writing, certified mail, return receipt requested, copy to the Vice President-Employee Relations of the Company, that s/he is delinquent in the payment of initiation fee and membership dues, as specified herein and, accordingly, is subject to discharge as an employee of the Company. Such letter shall also notify the Flight Attendant that s/he must remit the required payment within thirty (30) days of the date of the mailing of the notice, or be subject to discharge.

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2. If, upon the expiration of the thirty (30) day period, the Flight Attendant still remains delinquent, the President of APFA shall certify, in writing, to the Vice President-Employee Relations, copy to the Flight Attendant, that the Flight Attendant has failed to remit payment within the grace period allowed and is, therefore, to be discharged. The Vice President-Employee Relations shall then take proper steps to discharge such employee from the service of the Company.

3. A Flight Attendant discharged by the Company under the provisions of this paragraph shall be deemed to have been discharged for cause within the meaning of the terms and provisions of this Agreement.

G. DISCHARGE FOR NON-PAYMENT OF DUES

Any discharge under the terms of this Article shall be based solely upon the failure of the Flight Attendant to pay or tender payment of initiation fee and/or membership dues, as specified herein, and not because of denial or termination of membership in APFA upon any other ground.

H. PROCEDURES FOR CONTESTING DISCHARGE

Any grievance by a Flight Attendant concerning the interpretation or application of the provisions of this Article shall be subject, exclusively, to the following procedures:

1. A Flight Attendant who believes that the provisions of this Article pertaining to him/her have not been properly interpreted or applied may submit his/her request for review, in writing, within seven (7) days from the date the grievance arises, except that a grievance arising under paragraph F.1. must be filed within the thirty (30) day period specified therein. The request will be submitted to his/her immediate supervisor who will review the grievance and render a decision, in writing, not later than ten (10) days following the receipt of the grievance.

2. The immediate supervisor will forward his/her decision to the employee with a copy to the President of APFA. If the decision is not satisfactory to both the Flight Attendant and APFA, then either may appeal the grievance directly to the System Board of Adjustment, established under Article 29 of this Agreement, within ten (10) days from the date of the decision. The terms and provisions of such Article shall be applicable, except as otherwise specified herein.

3. a. If APFA should appeal the decision to the System Board of Adjustment, it shall prepare a joint submission of the grievance, setting forth APFA's and the Flight Attendant's positions, and forward copies to the Flight Attendant, the Vice President-Employee Relations, and to the members of the System Board of Adjustment.

b. If the Flight Attendant should appeal the decision, s/he may request the Vice- President-Employee Relations to prepare the submission papers in his/her behalf for the System Board of Adjustment. In this event, such request shall be made by the Flight Attendant, in writing, to his/her immediate supervisor who will transmit, through the appropriate Manager of Flight Service, all facts, data and information concerning the grievance, together with a copy of the decision from which appeal is taken. The Vice-President-Employee Relations, will forward copies of the Flight Attendant's separate submission to the employee, the appropriate Manager of Flight Service, the President of APFA, and to members of the Board of Adjustment.

4. During the period a grievance is filed under the provisions of this paragraph and until final award by the Board of Adjustment, the Flight Attendant shall not be discharged from the Company because of non-compliance with the terms and provisions of this Article.

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I. STATEMENT OF RESPONSIBILITY

APFA agrees that it shall indemnify the Company and save the Company harmless from any and all claims which may be made by the Flight Attendant or Flight Attendants against the Company by virtue of the wrongful application or misapplication of any of the terms of this Article.

J. STATEMENT OF GOOD FAITH BY THE COMPANY

The Company will not interfere with, restrain, or coerce Flight Attendants because of membership or lawful activity in APFA, nor will it by discrimination in respect to hire, tenure of employment or any term or condition of employment, attempt to discourage membership in APFA.

K. STATEMENT OF GOOD FAITH BY APFA

APFA agrees that neither APFA nor its members will intimidate or coerce any Flight Attendant in respect to his/her right to work, or in respect to APFA activity or membership and, further, there shall be no solicitation of Flight Attendants for APFA membership on Company time. APFA further agrees that the Company may take disciplinary action for any violation of this provision.

L. COMPANY AGREEMENT TO DUES CHECK-OFF

During the life of this Agreement, the Company agrees to deduct from the pay of each member of APFA and remit to APFA initiation fees and membership dues levied in accordance with the Constitution of APFA and as prescribed by the Railway Labor Act, as amended, provided such member of APFA voluntarily executes the following agreed upon form. This form, also to be known as the "Check-off Form" shall be prepared and furnished by the Union:

"ASSIGNMENT AND AUTHORIZATION FOR CHECK-OFF OF UNION DUES"

"TO: American Airlines, Inc.
Attention: Manager
Flight Payrolls
Mail Drop #790, P. O. Box 582809
Tulsa, OK 74158-2809

"I, ____________________________________________________, hereby assign to

(Print Name, Initial, and Last Name)

the Association of Professional Flight Attendants, my initiation fees and Association dues from any wages earned or to be earned by me as your employee. I authorize and direct you to deduct the sum of $ ____________ initiation fees, in two (2) parts; one-half (1/2) with the first semi-monthly deduction, and one-half (1/2) with the first semi-monthly deduction at the time of my second year increase, and the amount currently in effect and as may hereafter be established by the Association as my membership dues, from each semi-monthly paycheck and to remit the same to the Association of Professional Flight Attendants."

"This assignment, authorization, and direction may be revoked by me, in writing, after the expiration of one (1) year from the date hereto, or upon the termination date of the labor agreement in effect at the time this is signed, whichever occurs sooner."


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"This authorization and direction is made subject to the provisions of the Railway Labor Act, as amended, and in accordance with the existing Agreement between the APFA and the Company."

Signature of Employee_____________________________Employee No. ____________

Address of Employee_________________________________________ Base ________

Department ______________ Phone ______________Date _______________________"

M. DUES CHECK-OFF FORM

1. When a member of APFA properly executes such "Check-off Form", the President of APFA shall forward an original copy to the Manager, Flight Payrolls, care of American Airlines, Inc., Mail Drop #790, P. O. Box 582809, Tulsa, Oklahoma, 74158-2809.

2. Any Check-off Form which is incomplete or improperly executed will be returned to the President.

3. Any notice of revocation, as provided for in this Article or in the Railway Labor Act, as amended, must be in writing, signed by the Flight Attendant and delivered by certified mail, addressed to the Manager, Flight Payrolls, at the address indicated above, with a copy to the President of APFA.

4. Check-off Forms and notices received by the Manager, Flight Payrolls, will be stamp-dated on the date received and will constitute notice to the Company on the date received, and not when mailed.

N. COMPANY PROCEDURES FOR DUES CHECK-OFF

1. When a Check-off Form, as specified herein, is received by the Manager, Flight Payrolls, on or before a given payday, deductions will commence with the first regular paycheck following said payday and will continue thereafter until revoked or cancelled, as provided in this Article.

2. The Company will remit to APFA via electronic funds transfer, payment of all dues collected on a given payday, or as soon after the payday 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.

3. The Company remittance of APFA membership dues to APFA will be accompanied by a list of names, employee numbers and station numbers of the employees for whom deductions have been made in that particular period, arranged in order of their employee numbers.

4. The Company will also supply in duplicate to the office of APFA a listing of those employees who are on leaves of absence, have accepted a position outside the bargaining unit, or have terminated employment with the Company.

O. DUES POLICIES FOR THE INACTIVE FLIGHT ATTENDANT

1. No deductions of APFA dues will be made from the wages of any Flight Attendant 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 as a Flight Attendant, deductions shall be automatically resumed, provided it is in accordance with the other appropriate provisions of this Article and of the Railway Labor Act, as amended.

2. A Flight Attendant who has executed a Check-off Form and who resigns or is otherwise terminated from the employ of the Company, shall be deemed to have automatically revoked his/her assignment and if s/he is recalled or reemployed, further deductions of APFA dues will be made only upon execution and receipt of a new Check-off Form.

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P. COLLECTION OF BACK DUES

Collection of any back dues owed at the time of starting deductions for any employee, collection of dues missed because the employee's earnings were not sufficient to cover the payment of dues for a particular pay period, and collection of dues missed because of accidental errors in the accounting procedure, will be the responsibility of APFA and will not be the subject of payroll deductions, and the Company shall not be responsible in any way because of such missed collections. It will be APFA's responsibility to verify apparent errors with the individual Flight Attendant before contacting the Company.

Q. DUES DEDUCTION

1. Deductions of membership dues shall be made in accordance with the Constitution of APFA and as prescribed by the Railway Labor Act, as amended, from each paycheck provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the employee or required by law have been satisfied.

2. In the event of termination of employment, the obligation of the Company to collect dues shall not extend beyond the semi-monthly period in which his/her last day of work occurs.

R. RIGHT TO UNION REPRESENTATION

APFA does not question the right of the Company supervisors to manage and supervise the work force and make reasonable inquiries of employees, individually or collectively, in the normal course of work. In meetings for the purpose of investigation of any matter which may eventuate in the application of discipline or dismissal, or when written statements are taken relating to such matters, or in meetings of sufficient importance for the Company to have witnesses, or more than one (1) Company supervisor present, the Flight Attendant, if s/he requests, shall have an APFA representative present. Such meetings will be delayed for a reasonable period of time, not to exceed four (4) hours, to allow the APFA representative to be present, provided the Flight Attendant remains at the place of the meeting while awaiting the APFA representative. The presence of an APFA representative at such meetings shall in no way interfere with the conduct of the meeting.

S. COMPANY TO ASSUME ADMINISTRATIVE OVERRIDE

The Company will assume all related payroll cost for Flight Attendants who are on pay continuance.

T. SAVINGS CLAUSE

If any provision of this Agreement is declared unlawful or unenforceable as a result of administrative, legislative or judicial action, the parties agree that the Agreement will be amended to conform with the requirements of such action, provided, however, either party shall have the right to challenge the action in question, and amendment of this Agreement will be deferred pending completion of such challenge with no further right of appeal. All other provisions of this Agreement shall remain in full force and effect.

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