1.1 In the event by reason of Maryland law prohibiting the Union shop, then the Parties will substitute an agency shop provision for the Union shop provision if such substitution can lawfully be made. Such agency shop provision, if legal, would require all employees in the bargaining unit to pay the Union an amount equal to Union dues, initiation fees and assessments.
1.2 The Company agrees to deduct from an employee’s payroll check Union dues, initiation fees, assessments or agency fees for all employees covered by this Agreement, provided that the Union or the employee delivers to the Company a written authorization to make such deductions, signed by the employee, irrevocable for one year or the expiration date of this Agreement, whichever will occur sooner. The Company will make deductions for each member or agency fee payer from the first pay of such member or agency fee payer each month.
1.3 Such payroll deductions referred to in Section 1.2 will be remitted to the General Secretary Treasurer of the International Union no later than the fifteenth 15th day of the month following the month in which the deduction was made and will include all deductions made in the previous month. The Company will furnish the General Secretary Treasurer of the International Union, quarterly, a record of those for whom deductions have been made and the amounts of the deduction and the names of those employees for whom deductions were not made. The Company will provide the Secretary Treasurer of Local 460 with a listing, on a monthly basis, of all newly hired or laid off employees.
1.4 The parties agree that check-off authorization will be on a form provided by the Union. If, due to illness or being on vacation, an employee's dues are not checked off, such deduction will be made no later than the fifteenth (15th) day of the month following his/her return to work. In the event an employee does not have sufficient earnings on a regular payday to cover the amount of said deductions for the payday, the Company will make such deduction from the earnings due the employee on the next regular payday (or subsequent paydays).
In no such event will the Company make any deductions If to do so would otherwise violate federal, state or local law.
1.5 The Company will be relieved from making such payroll deductions for any employee upon any of the following: (a) termination of employment of the employee, (b) transfer of the employee to a job outside the bargaining unit, (c) layoff from work of the employee, or (d) revocation of the deduction authorization by the employee in accordance with its terms or with applicable law. When ceasing to deduct applicable service fees or dues for reasons cited in this Section, the Company will submit to the Union the names of all such employees.
1.6 The Union agrees to indemnify and save harmless the Company against all loss, costs and expenses, including court costs and reasonable attorney’s fees and other legal expenses, arising out of claims resulting from any action taken or not taken by the Company in attempting to comply with its obligations set forth in this Article. Nothing contained in this Article will obligate the Company to make payment of any sums to the Union other than such sums as are actually retained by the Employer for Union dues and fees and under no circumstances will this Article create any financial responsibility on the part of the Company.