APPENDIX No. 17
Check-Off Union Dues
ODB-135

The Brotherhood of Railroad Trainmen (hereinafter called the "Brotherhood'') has requested that the Union Pacific Railroad Company, Northwestern District, Huntington, Oregon and West, (hereinafter called the ''Carrier") withhold and deduct from the wages of such of its employees employed in train and yard service, who are members of the Brotherhood, periodic membership dues and insurance premiums and to pay over to the Brotherhood the amounts so deducted and withheld, less amounts deducted as provided by Section 4.

Section 1. The Carrier shall, subject to the terms and conditions of this agreement, withhold and deduct sums for uniform monthly membership dues and insurance premiums due the Brotherhood from the wages due and payable to employees in train and yard service who are members of the Brotherhood and who have so authorized the Carrier by signed authorization, in the form set forth in Exhibit A, attached hereto and made a part hereof. The authorization shall, in accordance with its terms, be revocable in writing at any time after the expiration of one year from the date of its execution, or upon the termination of this agreement, or upon the termination of the rules and working conditions agreement between the parties hereto, whichever occurs sooner. Revocation of authorization shall be on the form specified in Exhibit B hereto and made a part hereof, and both the authorization and revocation of authorization forms shall be reproduced and furnished as necessary by the Brotherhood without cost to the Carrier.

The Brotherhood shall assure the full responsibility for the procurement and proper execution of said form by employees, and for the delivery of said forms to the Carrier. Revocation of authorization forms shall be delivered to the Carrier not later than the 15th day of the month in which the termination of deduction is to become effective.

Section 2. The Treasurer of the Local Lodge of which the employee is a member shall furnish to the Carrier, not later than March 15, 1954, a certified statement showing in alphabetical order, the name of each member, the aggregate amount of current monthly dues and insurance premiums for each member who has signed the authorization form herein referred to, and which signed authorization has been filed with the Carrier or attached to the aforementioned list and, subsequently, not later than the 15th day of each month, furnish a certified statement showing information as mentioned above for such members who have been added or deleted from the initial list, or any change in the uniform monthly dues and insurance premiums. If no changes are to be made in a current month the Treasurer of the Local Lodge will advise the Carrier accordingly, not later than the 15th day of each month.

Section 3. Deductions will be made from the wages earned in the last period of the month in which the aforementioned certified statement is furnished to the Carrier. The following payroll deductions will have priority over deductions in favor of the Brotherhood as covered by this agreement:

(a) Federal , State and Municipal taxes and other deductions required by law, including garnishment and attachments and any other prior liens which the Carrier must respect.

(b) Amounts due the Carrier.

(c) Union Pacific Railroad Employees Hospital Association.

If the earnings of the employee are insufficient , after all prior deductions have been made, to remit the full amount of deductions authorized by an employee hereunder, no deduction for dues and insurance premium on behalf of the Brotherhood shall be made by the Carrier and the Carrier shall not be responsible for such collection.

Deductions made hereunder shall be made only on the regular payroll. No deductions shall be made from special payrolls or from time vouchers. Responsibility of the Carrier under this agreement shall be limited to remitting to the Brotherhood amounts actually deducted from the wages of employees pursuant to this agreement and the Carrier shall not be responsible financially or otherwise for failure to make deductions or for making improper or inaccurate deductions. Any question arising as to the correctness of the amount deducted shall be handled between the employee involved and the Brotherhood, and any complaints against the Carrier in connection therewith shall be handled by the Brotherhood on behalf of the employee concerned. Nothing herein contained shall be construed as obligating the Carrier to collect any dues or insurance premiums from employees who leave its service or whose wages shall be involved in any claim or litigation of any nature whatsoever.

Section 4. In consideration of the service described above and to pay for the expense of administration, the Carrier shall retain from the sum of all deductions made in each month six (6) cents per member from whom the deduction is made in such month and will remit to the Treasurer of each Local Lodge of the Brotherhood the balance due the Brotherhood of the amount deducted from the wages of the members. The Carrier will make such remittance not later than the 25th day of the month following the month from which the deduction is made. The Carrier will at the time of such remission furnish the Treasurer of each Local Lodge with a list of the employees from whom deductions were made showing the amount of such deductions.

Section 5. No part of this agreement shall be used in any manner whatsoever either directly or indirectly as a basis for a grievance or time claim by or in behalf of an employee; and no part of this or any other agreement between the Carrier and the Brotherhood shall be used as a basis for a grievance or time claim by or in behalf of any employee predicated upon any alleged violation of, or misapplication or noncompliance lance with, any part of this agreement.

Section 6. Except for remitting to the Brotherhood monies deducted from the wages of employees , the Brotherhood shall indemnify , defend and save harmless the Carrier from and against any and al I claims, demands, liability, losses or damage resulting from the entering into of this agreement or arising or growing out of any dispute or litigation resulting from any deductions made by the Carrier from the wages of its employees for or on behalf of the Brotherhood.

Section 7. This agreement is subject to the express agreement of the parties hereto to observe and comply with the provisions of the applicable federal and state laws now in existence or enacted during the tern hereof, it being the intention of either party hereto to relieve the other party hereto from complying with any provision of this agreement which may be in conflict with or violate any applicable state or federal law now in existence or enacted during the term hereof.

Section 8. This agreement shall become effective March 1, 1954, and shall remain in effect until altered, changed or cancelled in accordance with the Railway Labor Act, as amended.

For the For the

UNION PACIFIC RAILROAD COMPANY BROTHERHOOD OF RAILROAD TRAINMEN

By S/ 0. H. Newman By S/ D. B. Pidcock

Assistant to Vice President General Chairman

 

(A similar agreement dated September 13, 1956, identified as ODC-264, is in effect for conductors.)

Union Pacific Railroad Company

Portland, Oregon

Name___________________________________________________________

(Last) (First) Middle initial

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