Why hasn't your union issued any direction on this matter? What is Seaham saying? Silence says alot. Enjoy your contract.
Here is the direction you requested prechilill:
TO: ALL PILOTS EMPLOYED BY U.S. AIRWAYS
FROM: USAPA, SECRETARY/TREASURER
SUBJECT: NOTICE TO AGENCY FEE PAYERS
DATE: MAY 2008
Please take notice of the following:
§ 1) USAPA Membership Is Voluntary, But Non-Members Must Pay Their Fair Share:
Membership in the US Airline Pilots Association (“USAPA”) is strictly voluntary. (USAPA
Constitution Art. II, § 1 A 4). The many rights and privileges of membership are delineated in
Article II of the “Constitution And Bylaws of U.S. Airline Pilots Association.” The Association
welcomes all qualified US Airways Pilots to membership.
However, consistent with federal law, and as authorized in Union Security agreements with
employers, USAPA seeks to ensure that non-members shall pay their fair share of the union's
costs of performing the function of exclusive bargaining agent, thus eliminating ‘free rider’
employees on whose behalf the union was obliged to perform its statutory functions, but who
refused to contribute to the cost thereof.
§ 2) USAPA Is A Successor To Labor Agreements Containing Agency Shop Requirements:
Following a representation election, USAPA was certified by the National Mediation Board to
represent the craft or class of Pilots at US Airways, Inc. on April 18, 2008 (35 NMB No. 37). By
operation of law, USAPA became a successor union to collective bargaining agreements
between US Airways and ALPA under both the US Airways and America West Airlines, Inc.
contracts. Pursuant to the Railway Labor Act, 45 U.S.C. 152, Eleventh, and § 29 of both
contracts, as a “condition of continued employment,” Pilots are required to maintain union
“membership,” meaning that US Airways Pilots must either satisfy the obligations of
membership or satisfy the financial obligations lawfully imposed on non-members. (Section 29,
“Agency Shop And Dues Checkoff,” of both contracts is attached hereto as Appendix A).
§ 3) Pilots Who Decline Union Membership, Or Who Resign From It, Are Obligated To
Pay Agency Fees As A Condition Of Continued Employment:
Pilots covered by the labor agreements referenced in ¶ 2 herein above who decline union
membership or resign from it are required to pay monthly agency fees in lieu of membership
dues, pursuant to § 29 of each contract (See Appendix A), or under any newly ratified contract
containing an Agency Shop provision.
§ 4) Procedure For Non-Member Agency Fee Payers To File As An Objector:
Within the category of Agency Fee Payer is a subcategory of those non-members who wish to
object to certain expenses that the courts hold may not be chargeable over their objections.
These non-member Agency Fee payers are known as “objectors” who pay a reduced amount (the
“germane” or “chargeable” percentage) based on a detailed calculation in accordance with the
requirements of federal law. The procedure for filing as an objector can be found in the
“USAPA Agency Fee Policy” attached hereto as Appendix B.
The amount chargeable to objectors shall be according to federal law. For the period from the
start of Fiscal Year 2008 (July 1, 2008), through the end of the Fiscal Year (June 30, 2009), the
amount charged objectors shall be eighty-five percent (85%) of the monthly membership dues
amount, subject to adjustment, up or down, based on the first year an audit of germane and nongermane
expenses is possible, if adjusted after arbitration.
Agency fee payers may use dues checkoff authorization to pay Agency Fees automatically (but
are not required to).
§ 5) Procedure For Non-Member Objectors To Challenge Agency Fee Calculation:
USAPA has adopted a system to hear and resolve Objector challenges to USAPA’s calculation
of the chargeable (germane) percentage. The challenge procedures, and the method for resolving
these challenges, are set forth separately in the “USAPA Agency Fee Policy.” Attached hereto
as Appendix b.
Non-members remain responsible for keeping USAPA apprised of their current address.
