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Article Three — Union Security - Union Shop and Check-Off

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A. New Registered Nurse

  1. The Employer recognizes the Union as the exclusive collective bargaining representative of all Registered Nurses in the unit certified by the National Labor Relations Board ("NLRB") in NLRB Case No. 29-RC-7872 to wit:
    Unit: Included: All full-time and regular part-time Registered Nurses, including per diem Registered Nurses, employed by the Employer at its 375 Seguine Avenue, Staten Island, New York facility.

    Excluded: All discharge planners, utilization review coordinators, managerial employees, guards and supervisors as defined in the Act, and all other employees.
  2. Whenever the word "Employee" or "Registered Nurse" is used in this Agreement, it shall be deemed to mean the Employees in the Bargaining Unit covered by this Agreement, as defined in Article 1, Section 1,, hereof, but shall not be deemed to apply to epidemiologists.
  3. Part-time Employees who work .4 or more shall receive paid time off in proportion to the number of hours that they are regularly scheduled to work. Health benefits for part-time Employees are set forth in Article 14.

B. Dues Deduction

It shall be a condition of employment that every Registered Nurse who is a member of the Union in good standing as of the effective date of this Agreement shall remain a member in good standing and those who are not members on the effective date 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 Registered Nurse who becomes such after the date of execution of this Agreement will become a member of the Union within thirty (30) days after the date of employment and will thereafter remain a member in good standing.

The Employer will notify the Union in writing of each new Registered Nurse within ten (10) working days after the Registered Nurse's employment.

Whenever the Union shall charge that any Registered Nurse, 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 demand the discharge of such Registered Nurse, the Employer shall be so notified 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 (14) day period, the Registered Nurse shall pay his or her delinquent dues, the Employer shall not be required to discharge such Registered Nurse.

"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 paragraph.

C. Membership Procedure

A Registered Nurse 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 a Registered Nurse, the Employer will, pursuant to such authorization, deduct from the wages due the Registered Nurse each month, 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 Registered Nurse's first thirty (30) days of employment but will include the first month of employment if authorized by the Registered Nurse.

The Employer will be relieved from making such "check-off" deductions upon:

  1. termination of employment;
  2. transfer to a position other than one covered by the bargaining unit;
  3. layoff from work;
  4. an agreed leave of absence; or
  5. revocation of the check-off authorization in accordance with its terms or with applicable law.

Notwithstanding the foregoing, upon the return of a Registered Nurse 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 Registered Nurses shall require a new dues deduction authorization card.  The Employer shall not be obliged to make dues deductions of any kind from any Registered Nurse 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 will remit to the Union all deductions for dues made from the salary of Registered Nurses for the preceding month, together with a list of all Registered Nurses from whom dues have been deducted.

It is specifically agreed that the Employer assumed 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 for any claims, actions or proceedings by a Registered Nurse 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.

All Employees shall have a right of free speech with respect to the Union and Employer.