SECTION 24  AGENCY SHOP AND DUES CHECK OFF

A. Each Flight Attendant of the Company covered by this Agreement who fails to voluntarily acquire or maintain membership in the Union, shall be required, as a condition of continued employment, beginning sixty (60) days after the effective date of this Agreement or the completion of her probationary period whichever is later, to pay to the Union each month a service charge as a contribution for the administration of this Agreement and the representation of such employee.  The service charge shall be an amount equal to the Union's regular and usual monthly dues and periodic assessments, including MEC assessments.

B. The provisions of this Section shall not apply to any employee covered by this Agreement to whom membership in the Union is not available upon the same terms and conditions as are generally applicable to any other Flight Attendant, or to any Flight Attendant to whom membership in the Union was denied or terminated for any reason other than the failure of the Flight Attendant to pay initiation (or reinstatement) fees, dues and assessments uniformly required.  Nothing in this section shall require the payment of any initiation (or reinstatement) fee, by any Flight Attendant not required to make such a payment pursuant to the Union's Constitution and By-Laws.

C. If any Flight Attendant of the Company covered by this Agreement becomes delinquent in the payment of her service charge or membership dues, the Union shall notify such employee by Certified Mail, Return Receipt Requested, copy to the Managing Director of Employee Relations of the Company, or their designee, that she is delinquent in the payment of such service charge or membership dues as specified herein and is subject to discharge as a Flight Attendant from the Company.  Such letter shall also notify the Flight Attendant that she must remit the required payment within a period of fifteen (15) days or be discharged.

D. If, upon the expiration of the fifteen (15) day period, the Flight Attendant remains delinquent, the Union shall certify in writing to the Managing Director of 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 Managing Director of Employee Relations shall thereupon take proper steps to discharge such Flight Attendant from the service of the Company.

E. A grievance by a Flight Attendant who is to be discharged as a result of an interpretation or application of the provisions of this Section shall be subject to the following procedures:

 1. A Flight Attendant who believes that the provisions of this Section have not been properly interpreted or applied as they pertain to her, may submit her request for review in writing within five (5) days from the date of her notification by the Managing Director of Employee Relations as provided in Paragraph D. above.  The request must be submitted to the Managing Director of Employee Relations, or their designee, who will review the grievance and render his decision in writing not later than five (5) days following receipt of her grievance.

 2. The Manager of Labor Relations, or his designee, shall forward his decision to the Flight Attendant, with a copy to the Union.  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 Flight Attendant or the Union, then either may appeal the grievance within ten (10) days from the date of the decision directly to a neutral referee who may be agreed upon by the Company and the Union within ten (10) days thereafter.  In the event the parties fail to agree upon a neutral referee within a specified period, either the Company or the Union may request the National Mediation board to name such neutral referee.  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 Company and the Union.

F. During the period a grievance is being handled under the provisions of this Section, and until final award by the Manager of Labor Relations, her designee, or the neutral referee, the flight attendant shall not be discharged from the Company nor lose any seniority rights because of noncompliance with the terms and provisions of this Section:

 1. 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 of this Section.

 2. It is agreed that the Company shall not be liable for any time or wage claims of any Flight Attendant discharged by the Company pursuant to a written order by an authorized Union representative under the terms of this Section.

 3. The Union agrees to indemnify and hold the Company harmless against any suits, claims, and liabilities which arise out of or by reason of any action taken by the Company pursuant to a written order from an authorized Union representative under the terms of this Section.

G. 1. During the life of this Agreement, the Company agrees to deduct from the pay of each Flight Attendant covered by this Agreement and remit to the Association of Flight Attendants, membership dues uniformly required by the Association of Flight Attendants, as a condition of acquiring or retaining membership, and in accordance with the provisions of the Railway Labor Act, as amended, or a service charge provided such Flight Attendant voluntarily executes the following agreed upon form.  This form, "Voluntary Assignment and Authorization for Payment of Union Service Charge and Dues", also to be known as a Service Charge and Dues Form, shall be prepared and furnished by the Association of Flight Attendants.

 2. When a member of the Association of Flight Attendants, properly executes such Service Charge and Dues form, the Treasurer to the Association of Flight Attendants, shall forward an original copy to the Manager of Labor Relations, Air Wisconsin Airlines Corporation.  Any Service Charge and Dues Form which is incomplete, or improperly executed will be returned to the Treasurer.  Any notice of revocation as provided for in the Agreement or Railway Labor Act, as amended, must be in writing, signed by the Flight Attendant and delivered by Certified Mail, addressed to the Manager of Labor Relations, Air Wisconsin, Inc., with a copy to the Association of Flight Attendants.  Service Charge and Dues Forms and notices received by Air Wisconsin will be stamp dated on the date received and not when mailed.

 3. When a Service Charge and Dues Form, as specified herein, is received by the Manager of Labor Relations, Air Wisconsin Airlines Corporation on or before the first day of the month, deductions will commence with the second payday of the month following, and will continue thereafter until revoked or canceled as provided in this Section.  The Company will remit to the Association of Flight Attendants, a check in payment of all dues and assessments collected on a given payday, on 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.  The Company remittance of the Association of Flight Attendants membership dues to the Association of Flight Attendants will be accompanied by a list showing names, payroll numbers and amounts deducted for flight attendants for whom deductions have been made in that particular period.

 4. a. No deduction of the Association of Flight Attendants dues will be made from the wages of any flight attendant who has executed a Service Charge and Dues Form and who has been transferred to a job not covered by this Agreement, who is on furlough, or who is on leave without pay.  Upon return to work as a flight attendant covered by this Agreement, whether by transfer, termination or leave without pay, or recall from furlough, deductions shall be automatically resumed, provided the Flight Attendant has not revoked the assignment in accordance with the other appropriate provisions of this Section and of the Railway Labor Act, as amended.

  b. A Flight Attendant who has executed a Service Charge and Dues Form and who resigns or is otherwise terminated (other than by furlough) from the employ of the Company, shall be deemed to have automatically revoked her assignment and if she is re-employed, further upon execution and receipt of a new Service Charge and Dues Form.

 5. Collections of any back dues owed at the time of starting deductions for any flight attendant and collection of dues missed because the flight attendant's earnings were not sufficient to cover the payment of dues for a particular pay period, will be the responsibility of the Association of Flight Attendants and will not be the subject of payroll deductions.

 6. Deductions of membership dues shall be made monthly provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the flight attendant or required by law have been satisfied.  In the event of termination of employment, the obligation of the Company to collect dues shall not extend beyond the monthly period in which her last day of work occurs.

ASSOCIATION OF FLIGHT ATTENDANTS-CWA

ASSIGNMENT AND AUTHORIZATION FOR VOLUNTARY CHECK 0FF OF ASSOCIATION DUES

TO:_________________________________________

I,________________________________hereby authorize_____________________to deduct from my earnings once each month $______the standard monthly membership Union Dues (or such standard monthly membership dues as may hereafter be established by the Union), service charges, initiation fees, and assessments.  Such amount so deducted is hereby assigned to the Association of Flight Attendants, subject to all of the terms and conditions of the Railway Labor Act, as amended, and the provisions of the applicable collective bargaining Agreement.  This assignment and authorization may be revoked by me in writing after the expiration of one (1) year from the date hereof or upon the termination date of the Agreement in effect at the time this is signed, whichever occurs sooner.  A copy of such revocation will be sent to the Chairperson of the Master Executive Council.

Signature of Employee: _________________________________________         

Employee Number: _________________________________________          

Classification Seniority Date: _________________________________________         

Domicile: _________________________________________           

Date of First Deduction:  ____________________________      

NOTE:  This form may be used by non-members for monthly service charge deductions.

Please print name and address below:

NAME:_________________________________________           

ADDRESS:_________________________________________            

CITY, STATE, & ZIP:_________________________________________        

Please complete and return to:

ASSOCIATION OF FLIGHT ATTENDANTS-CWA
501 THIRD STREET NW
WASHINGTON, D.C.  20001