Opening of Bids - Century Center Parking Lot Entry Gate Improvements Proj No 118-035A - Larson Danielson Construction - 2

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representative, recognizes that it must represent all Employees in the Bargaining Unit equally, without discrimination, irrespective of membership or non -membership in the UNION. Section 4. PERFORMANCE OF'WO RK BY EMPLOYEES IN THE BARGAINING UNIT. The Employees in the Bargaining Unit and only such Employees shall per -form all of the work covered by this AGREEMENT. ARTICLE 11 UNION DUES AND ASSESSMENTS CHECK OFF Section 1. UNION WORKING DUES AND ASSESSMENTS CHECK -OFF. The parties recognize the existence of the Indiana Right -to -Work Act. The 'parties also recognize that said Act does not supersede federal law with respect to bargaining unit members signing or terminating voluntary check -off forms permitting their EMPLOYERS to deduct or stop deducting the UNION's dues and assessments from their paychecks. Thus, upon a specific request by an individual EMPLOYERfora copy of the signed check- off form for one or more of its Employees, the UNION shall provide a copy of such check- off form within three (3) working days of the written request for such form which shall be emailed to the UNION. If a signed check -off form is not provided for the requested bargaining unit member within the specified time period, the EMPLOYER will not make the deduction from the Employee's paycheck until such time that a signed check -off form is provided to the EMPLOYER. If the EMPLOYER or the Employee has a question as to the legality or the continuing effectiveness of a particular check -off form, the EMPLOYER or the Employee will so notify the UNION'S designee by email, The UNION'S designee shall respond within two (2) working days of its receipt of the email(s). If the UNION'S designee believes the check -off form is invalid, then the UNION'S designee shall so notify the Employee and the EMPLOYER which shall stop the check -off. If the UNION'S designee believes the check -off is valid, the designee shall notify the Employee and the EMPLOYER of such determination so that the deduction will be made. If the EMPLOYER or the Employee does not agree with the UNION'S determination or if the question is not resolved within the stated time period, the EMPLOYER shall continue to withhold the UNION dues for said Employee, but said amounts shall be paid into an escrow account pending resolution of said dispute. It shall be the UNION's responsibility to create and pay all costs and fees for such a non -interest bearing escrow account. The escrow account shall be distributed in accordance with the final determination reached by the UNION and the Employee, any internal decision making process agreed to between the UNION and the Employee or in accordance with the final determination of a Court or Agency having jurisdiction over the matter. The EMPLOYER shall not be made a party to said proceeding. Notwithstanding the foregoing, the EMPLOYER shall stop all such deductions for union dues and assessments for any Employee upon the occurrence of any of the following: I