Article Three — Union Status

Table of Contents

3.1 Recognition

The Employer recognizes the Union as the exclusive collective bargaining representative of every Licensed Practical Nurse covered by this Agreement.

3.2 New Employee

At the time a new Employee subject to this Agreement is employed, the Employer shall deliver to said Employee a Union dues card and provide a copy of this Agreement supplied by the Union.  At the time a new Employee subject to this Agreement is employed, the Employer shall provide a copy of the written Benefit Description Plan to the said Licensed Practical Nurse, which will be supplied by the Fund.

3.3 Union Membership

 It shall be a condition of employment that every Employee who is a member of the Union in good standing as of the date of execution of this Agreement shall remain a member in good standing and those who are not members on the date of execution of this Agreement shall, no later than thirty (30) days following the date of execution of this Agreement, become and remain members in good standing of the Union.  Every Employee who becomes such after the date of execution will become a member of the Union within thirty (30) days after the date of employment and thereafter will remain a member in good standing.

The Employer shall notify the Union in writing of each new Employee within five (5) days after the Employee's employment.

Whenever the Union shall charge that any Employee who is required by the provisions of this paragraph to remain a member of the Union in good standing has failed to do so, and shall request the discharge of such Employee, the Employer shall be so informed by the Union by certified or registered mail and the Employer shall have fourteen (14) days following the receipt of such notice to take action on the requested discharge.  If during said fourteen-day (14) period the Employee shall pay his or her delinquent dues, the Employer shall not be required to discharge such Employee.

"Good Standing" for the purpose of this Agreement shall mean the payment or tender of periodic dues, uniformly required as a condition of retaining membership, to the Union.

The Union shall indemnify and hold the Employer harmless against any and all claims, demands or other forms of liability that may arise out of any action taken by the Employer in fulfilling the terms of this Section.

3.4 Deduction of Union Dues

An Employee who desires to become a member of the Union may execute a written authorization in the form annexed hereto as Exhibit A.  Upon receipt of such an authorization from an Employee the Employer will, pursuant to such authorization, deduct from the wages due the Employee from each bi-weekly paycheck (except in the two (2) months in a calendar year in which three (3) paychecks are issued, then no deduction will be taken from the third (3rd) paycheck), the regular dues fixed by the Union, provided that the first deduction shall not be required to be made earlier than the first pay period following completion of the Employee's first thirty (30) days of employment but will include the first month of employment if authorized by the Employee.  The Employer shall be relieved from making such "check-off" deductions upon:  (a) termination of employment; (b) transfer to a title other than one covered by the bargaining unit; (c) layoff from work; (d) an agreed leave of absence; or (e) revocation of the check-off authorization in accordance with its terms or with applicable law.

Notwithstanding the foregoing, upon the return of an Employee to work from any of the above-mentioned absences, the Employer will immediately resume the obligation of making such deductions, except that deductions for terminated Employees shall require a new dues authorization card. The Employer shall not be obliged to make dues deductions of any kind from any Employee who, during any dues month involved, shall have failed to receive sufficient salary to equal the dues deduction.

By the tenth (10th) of each month, the Employer shall remit to the Union all deductions for dues made from the salary of Employees for the preceding month, together with a list of all Employees from whom dues have been deducted.

It is specifically agreed that the Employer assumes no obligation, financial or otherwise, arising out of the provisions of this Section, and the Union hereby agrees that it will indemnify and hold the Employer harmless from any claims, actions or proceedings by an Employee arising from deductions made by the Employer hereunder. Once the funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union.

3.4.1 Deduction of Committee on Political Education Fund Contributions

Upon receipt of a written authorization from an Employee in the form annexed hereto as Exhibit C, the Employer shall, pursuant to such authorization deduct from the wages due said Employee once a month the sum specified in said authorization and remit sum to the UFT Committee on Political Education (“COPE”) Fund as the Employee’s voluntary contribution to said Fund. The administration of this COPE Fund check‑off shall be the same as the Dues check‑off under Section 3.4, hereof. This provision for voluntary check‑off should not be construed as support or lack of support for the COPE Fund or its activities by the Employer.

3.5 Union Business: Local Representatives

The Union will notify the Employer in writing of its Local Employee Representatives who are authorized to deal with the Employer with regard to administration of this Agreement or any other appropriate topic under the collective bargaining relationship, and will advise the Employer of the area of responsibility of each such Local Representative. The Union will notify the Employer of said representatives' designation and authority and any change in either. No employee shall engage in Union activities on Employer time and premises except in connection with the grievance and arbitration procedure, as provided elsewhere under this Agreement or as otherwise agreed.

3.6 Union Business: General Representative

A duly authorized general representative of the Union may visit the Employer's premises, after notification of the Regional Administrator or Department Head, as applicable, or designee, at a reasonable time, to discharge Union duties as the Employees' collective bargaining representative so long as the representative does not interfere with the work of the Employees or the operation of the Employer.

3.7 Bulletin Boards

In the Employer's facilities where Employees covered by this Agreement are regularly scheduled to work, the Employer will provide the Union with a bulletin board on which to post official Union notices.  The bulletin board will at all times carry a label, device or notice clearly identifying it as the Union Board (for use).  The signature (or facsimile signature) of a duly authorized Union representative will be affixed to every Union notice posted in this space.  Notices to be posted will, where possible, be brought to the attention of the Regional Administrator, or designee, prior to such notice being posted.

3.8 Union Officer Work Schedule

The work schedule of Employees elected as Union Delegates shall be adjusted to permit attendance at regular UFT Delegate Assembly meetings, providing Region/Program operations shall not be impaired.  The Union will notify the Program or Department Head, as applicable, or designee, of the scheduled Delegate Assembly meetings and any changes to that schedule at the same time delegates are notified.


Source URL: https://www.uft.org/your-rights/contracts/other-contracts/visiting-nurse-service-new-york-licensed-practical-nurses/article-three-union-status