Dispatch

Exclusive Hiring Hall Referral List Administrative Procedures

In order for the International Union of Painters and Allied Trades District Council 21 and its local unions (“IUPAT 21 to administer a processing System for referral of applicants for employment (“Referral Lists”), the following administrative procedural rules

(“Administrative Procedures”) are hereby adopted and implemented by IUPAT 21.

1. All IUPAT 21 Referral Lists shall be administered in accordance with these Administrative Procedures except to the extent that any procedure contained herein conflicts with any federal. state, Or local law or with a term of a collective bargaining agreement.
2. Any Referral List shall be administered without discrimination against such applicants by reason of membership or non-membership in IUPAT 21 land such selection and referral shall not be affected in any way by rules or regulations, bylaws, constitutional provisions, or any other aspect or obligation the IUPAT 21 membership policies or requirements.
3. Only applicants Who are not currently employed at the trade may register on a Referral List. Initial registrations shall be accepted by IUPAT 21 by electronic mail or by telephone. Any exceptions shall made by the Business Manager.
4. Once an applicant has registered his or her availability on a Referral List. the applicant must thereafter register his or her availability by telephone or by electronic mail to IUPAT 21 to remain on the Referral List.
5. An applicant’s registration of availability on any Referral List shall be effective for ninety (90) days. An applicant must again register his or her availability before the expiration of that period in order to retain his or her position on the Referral List. All applicants shall provide updated contact information to IUPAT 21, including current addresses, electronic mail addresses and phone numbers, when registering his or her availability on a Referral List. Any applicant who fails to timely register shall be removed from the Referral List.
6. These Administrative Procedures shall apply to applicants currently on a Referral List as of the date these Administrative Procedures are adopted (“Current Applicants”).
7. Current Applicants must register with IUPAT in accordance with the procedures in paragraph 5 within 90 days of the date these Administrative Procedures are adopted. Any Current Applicant who fails to timely register shall be removed from the Referral List,
8. Any applicant who is removed from the Referral List shall register pursuant to the terms of paragraph 3. Upon registration, the applicant will be placed at the end of the Referral List.

Exclusive Hiring Hall – Glazier

5.1   The Union shall be the sole and exclusive source of referrals of applicants for employment.

5.2   The Employer shall have the right to reject any applicant for employment. That rejection shall be in writing to the Union within twenty-four (24) hours.

5.3   The Union shall select and refer applicants for employment without discrimination against such applicants by reason of membership or non-membership in the Union and such selection and referral shall not be affected in any way by rules or regulations, bylaws, constitutional provisions, or any other aspect or obligation of the Union membership policies or requirements. All such selection and referral shall be in accordance with the following procedure set forth in this Article.

5.4   The Union shall maintain a register of qualified journeyperson applicants for employment, established on the basis of the following Groups listed, Each applicant for employment shall be registered in the highest priority Group in which he/she qualifies. Applicants shall then be referred to available jobs by means of “Group priority” in the chronological order in which they register in the Group. When all qualified applicants in Group I have been referred, qualified applicants from Group II shall be referred.

Group I:  All qualified journeyperson applicants for employment who are residents of the geographical jurisdiction of Glaziers Local Union 1009 or those who have been employed for a period of at least one (1) year in the last four (4) years in the geographical jurisdiction of Glaziers Local Union 1009.

Group II:  All other applicants for employment who satisfy the requirements for “qualified journeyperson” status.

For the purpose of satisfying the standard set forth in the Group I or Group II provisions, a “qualified journeyperson” shall be any applicant who has at least four (4) years of actual, practical working experience in the glass and glazing trade as a journeyperson or an apprentice; and

(1)   Has successfully served an apprenticeship at the glass and glazing trade under an apprentice program established by an IUPAT affiliated District Council or Local Union; or

(2)   Has passed a journeyman examination given by the District Council 21 Examining Board; or

(3)   Has successfully passed a competency examination that adequately tests the degree of skill and training necessary to be a competent journeyperson.

Definitions:

1. “Resident” means a person who has maintained his/her permanent home in the above-defined geographical area plus any contiguous area within a fifty (50) mile radius of the geographical boundary described above for a period of not less than one (1) year or who, having had a permanent home in this area, has temporarily left with the intention of returning home to this area as his or her permanent home.
2. “Examination” is defined to include only written and/or practical examinations given by the IUPAT District Council 21 FTI Apprentice Committee or the IUPAT District Council 21 Examining Board, or by any duly constituted District Council or Local Union affiliated with the IUPAT.

If the registration list is exhausted, and the Union is unable to refer applicants for employment to the Employer within 48 hours from the time of receiving the Employer’s request, except Saturdays, Sundays, and holidays; the Employer shall be free to secure applicants without using the referral procedure.  The Employer shall notify the Union within five (5) days of their date of hire of the names, addresses, and Social Security numbers of such directly hired employees. As a condition of employment on or after the eighth (8^th) day following the beginning of their employment these new hires shall become and remain members in good standing of the Union.

5.5   Employers shall advise the Union of the number of applicants and any special skills and certifications needed. The Union shall refer applicants to the Employer by first referring applicants in Group I in the order of their places on the register, and then referring applicants in the same manner, successively, from the other groups. This provision, and the language set forth in Section 4 notwithstanding, an Employer shall be permitted to review the available names of applicants on the referral list and select individuals for referral as follows:

(A)   The Employer may recall individuals who have been employed, by the Employer within the past twenty-four (24) months, notwithstanding their place on the referral list; and

(B)   The Employer may select individuals with special skills and certifications; and

(C)   The Employer may select an individual by name, notwithstanding his/her place on the referral list provided the Employer hires the next individual needed from the list (at a minimum, every other referral must come from the chronological list in the applicable group).

5.6   For one (1) time project agreements and for organizing purposes the Union has the right to refer applicants for employment notwithstanding their place on the referral list.

5.7   Any applicant that is rejected by the Employer, shall be returned to his/her appropriate place on the list within his/her group, and shall be referred to other employment in accordance with the position of the group and his or her place within the group.

5.8   Any applicant who refuses two (2) offers of employment or quits a job he/she has been referred will have their named placed at the bottom of the referral list.

5.9   Once an employee accumulates forty (40) hours of employment collectively from signatory contractors of the IUPAT his/her name will be removed from the referral list.

5.10  When an employee is laid off from employment he/she will call the Union office to have his/her name placed on the referral list in their appropriate group.

5.11  The provisions set forth in this Article notwithstanding, the right of any applicant for employment may be suspended in accordance with the following provision(s):

• Should any person referred for employment be terminated for just cause, his/her

referral privileges shall be suspended for two (2) weeks. Should the same individual be terminated for cause a second time within a twenty-four (24) month period, his/her hiring hall referral privileges shall be suspended for two (2) months. Should the same individual be terminated for cause a third time within a twenty-four (24) month period, his/her referral privileges shall be suspended indefinitely.

(B)   A termination shall not be considered “for just cause” for purpose of this provision if the person referred for employment has filed a grievance challenging the propriety of his/her termination, unless and until the grievance is resolved in a manner that affirms the termination for just cause. For the purpose of this provision, a decision of the District Council Joint Trade Board comprised of members as outlined in Article 22.1 and/or an arbitrator shall be final and binding.

(C)   The provisions in subsections (a) and (b) notwithstanding, a Termination Review Committee, composed of the members of the District Council Joint Trade Board may, upon written request of the applicant, vacate or reduce the period of suspension should the Committee determine, following inquiry or investigation, in its sole and complete discretion, that equity requires such action.

Exclusive Hiring Hall – Painter

Section 1. The Union shall be the sole and exclusive source of referrals of applicants for employment.

Section 2. The Employer shall have the right to reject any applicant for employment. That rejection shall be in writing to the Union within twenty-four (24) hours.

Section 3. The Union shall select and refer applicants for employment without discrimination against such applicants by reason of membership or non-membership in the Union and such selection and referral shall not be affected in any way by rules or regulations, bylaws, constitutional provisions, or any other aspect or obligation of the Union membership policies or requirements. All such selection and referral shall be in accordance with the following procedure set forth in this Article.

Section 4. The Union shall maintain a register of qualified journeyperson applicants for employment, established on the basis of the following Groups listed, Each applicant for employment shall be registered in the highest priority Group in which he or she qualifies. Applicants shall then be referred to available jobs by means of “Group priority” in the chronological order in which they register in the Group. When all qualified applicants in Group I have been referred, qualified applicants from Group II shall be referred.

Group I: All qualified journeyperson applicants for employment who are residents of the geographical jurisdiction of District Council 21 or those who have been employed for a period of at least one (1) year in the last four (4) years in the geographical jurisdiction of District Council 21.

Group II: All other applicants for employment who satisfy the requirements for “qualified journeyperson” status.

For the purpose of satisfying the standard set forth in the Group I or Group II provisions, a “qualified journeyperson” shall be any applicant who has at least four (4) years of actual, practical working experience in the trade as a journeyperson or an apprentice; and

(1) Has successfully served an apprenticeship at the trade under an apprentice program established by an IUPAT affiliated District Council or Local Union; or

(2) Has passed a journeyman examination given by the District Council 21 Examining Board; or

(3) Has successfully passed a competency examination that adequately tests the degree of skill and training necessary to be a competent journeyperson.

Definitions:

1. “Resident” means a person who has maintained his or her permanent home in the above-defined geographical area plus any contiguous area within a fifty (50) mile radius of the geographical boundary described above for a period of not less than one (1) year or who, having had a permanent home in this area, has temporarily left with the intention of returning home to this area as his or her permanent home.

2. “Examination” is defined to include only written and/or practical examinations given by the IUPAT District Council 21 FTI Apprentice Committee or the IUPAT District Council 21 Examining Board, or by any duly constituted District Council or Local Union affiliated with the IUPAT.

If the registration list is exhausted, and the Union is unable to refer applicants for employment to the Employer within 48 hours from the time of receiving the Employer’s request, except Saturdays, Sundays, and holidays; the Employer shall be free to secure applicants without using the referral procedure.  The Employer shall notify the Union within five (5) days of their date of hire of the names, addresses, and Social Security numbers of such directly hired employees. As a condition of employment on or after the eighth (8^th) day following the beginning of their employment these new hires shall become and remain members in good standing of the Union.

Section 5. Employers shall advise the Union of the number of applicants and any special skills and certifications needed. The Union shall refer applicants to the Employer by first referring applicants in Group I in the order of their places on the register, and then referring applicants in the same manner, successively, from the other groups. This provision, and the language set forth in Section 4 notwithstanding, an Employer shall. be permitted to review the available names of applicants on the referral list and select individuals for referral as follows:

a) The Employer may recall individuals who have been employed, by the Employer within the past twenty-four (24) months, notwithstanding their place on the referral list; and

b) The Employer may select individuals with special skills and certifications; and

c) The Employer may select an individual by name, notwithstanding his/her place on the referral list provided the Employer hires the next individual needed from the list (at a minimum, every other referral must come from the chronological list in the applicable group).

Section 6. For one (1) time project agreements and for organizing purposes the Union has the right to refer applicants for employment notwithstanding their place on the referral list.

Section 7. Any applicant that is rejected by the Employer, shall be returned to his/her appropriate place on the list within his or her group, and shall be referred to other employment in accordance with the position of the group and his or her place within the group.

Section 8. Any applicant who refuses two (2) offers of employment or quits a job he/she has been referred will have their name placed at the bottom of the referral list.

Section 9. Once an employee accumulates forty (40) hours of employment collectively from signatory contractors of the IUPAT his/her name will be removed from the referral list.

Section 10. When an employee is laid off from employment he/she will call the Union office to have his/her name placed on the referral list in their appropriate group.

Section 11. The provisions set forth in this Article notwithstanding, the right of any applicant for employment may be suspended in accordance with the following provision(s):

a) Should any person referred for employment be terminated for just cause, his/her referral privileges shall be suspended for two (2) weeks. Should the same individual be terminated for cause a second time within a twenty-four (24) month period, his/her hiring hall referral privileges shall be suspended for two (2) months. Should the same individual be terminated for cause a third time within a twenty-four (24) month period, his/her referral privileges shall be suspended indefinitely.

b) A termination shall not be considered “for just cause” for purpose of this provision if the person referred for employment has filed a grievance challenging the propriety of his/her termination, unless and until the grievance is resolved in a manner that affirms the termination for just cause. For the purpose of this provision, a decision of the District Council Joint Trade Board and/or an arbitrator shall be final and binding.

c) The provisions in subsections (a) and (b) notwithstanding, a Termination Review Committee, composed of the members of the District Council Joint Trade Board may, upon written request of the applicant, vacate or reduce the period of suspension should the Committee determine, following inquiry or investigation, in its sole and complete discretion, that equity requires such action.

Exclusive Hiring Hall – Industrial Painter

The first source of manpower will be selected from the members of District            

The second source of manpower will come from members of foreign jurisdictions Council 21, either at the work site or through the hiring hall. after first registering with the office of District Council 21. These referrals will be paid at and work under the conditions and wages established by District Council 21. Any premiums paid to the manpower of the second source will automatically be afforded to the manpower supplied from the first source.

Any variation of the above stated clause will be considered a violation of the CBA and be subject to charges and brought to trial as described in the grievance procedure set forth in the CBA.

Exclusive Hiring Hall – Taper

Section 1. The Union shall be the sole and exclusive source of referrals of applicants for employment.

Section 2. The Employer shall have the right to reject any applicant for employment. That rejection shall be in writing to the Union within twenty-four (24) hours.

Section 3. The Union shall select and refer applicants for employment without discrimination against such applicants by reason of membership or non-membership in the Union and such selection and referral shall not be affected in any way by rules or regulations, bylaws, constitutional provisions, or any other aspect or obligation of the Union membership policies or requirements. All such selection and referral shall be in accordance with the following procedure set forth in this Article.

Section 4. The Union shall maintain a register of qualified journeyperson applicants for employment, established on the basis of the following Groups listed, Each applicant for employment shall be registered in the highest priority Group in which he or she qualifies. Applicants shall then be referred to available jobs by means of “Group priority” in the chronological order in which they register in the Group. When all qualified applicants in Group I have been referred, qualified applicants from Group II shall be referred.

Group I: All qualified journeyperson applicants for employment who are residents of the geographical jurisdiction of District Council 21, Drywall Tapers and Finishers Local 1976 or those who have been employed for a period of at least one (1) year in the last four (4) years in the geographical jurisdiction of District Council 21, Drywall Tapers and Finishers Local 1976.

Group II: All other applicants for employment who satisfy the requirements for “qualified journeyperson” status.

For the purpose of satisfying the standard set forth in the Group I or Group II provisions, a “qualified journeyperson” shall be any applicant who has at least four (4) years of actual, practical working experience in the Drywall Taping and Finishing trade as a journeyperson or an apprentice; and

(1) Has successfully served an apprenticeship at the Drywall Taping and Finishing trade under an apprentice program established by an IUPAT affiliated District Council or Local Union; or

(2) Has passed a journeyman examination given by the District Council 21 Examining Board; or

(3) Has successfully passed a competency examination that adequately tests the degree of skill and training necessary to be a competent journeyperson.

Definitions:

1. “Resident” means a person who has maintained his or her permanent home in the above-defined geographical area plus any contiguous area within a fifty (50) mile radius of the geographical boundary described above for a period of not less than one (1) year or who, having had a permanent home in this area, has temporarily left with the intention of returning home to this area as his or her permanent home.

2. “Examination” is defined to include only written and/or practical examinations given by the IUPAT District Council 21 FTI Apprentice Committee or the IUPAT District Council 21 Examining Board, or by any duly constituted District Council or Local Union affiliated with the IUPAT.

If the registration list is exhausted, and the Union is unable to refer applicants for employment to the Employer within 48 hours from the time of receiving the Employer’s request, except Saturdays, Sundays, and holidays; the Employer shall be free to secure applicants without using the referral procedure. The Employer shall notify the Union within five (5) days of their date of hire of the names, addresses, and Social Security numbers of such directly hired employees. As a condition of employment on or after the eighth (8^th) day following the beginning of their employment these new hires shall become and remain members in good standing of the Union.

Section 5. Employers shall advise the Union of the number of applicants and any special skills and certifications needed. The Union shall refer applicants to the Employer by first referring applicants in Group I in the order of their places on the register, and then referring applicants in the same manner, successively, from the other groups. This provision, and the language set forth in Section 4 notwithstanding, an Employer shall. be permitted to review the available names of applicants on the referral list and select individuals for referral as follows:

a) The Employer may recall individuals who have been employed, by the Employer within the past twenty-four (24) months, notwithstanding their place on the referral list; and

b) The Employer may select individuals with special skills and certifications; and

c) The Employer may select an individual by name, notwithstanding his/her place on the referral list provided the Employer hires the next individual needed from the list (at a minimum, every other referral must come from the chronological list in the applicable group).

Section 6. For one (1) time project agreements and for organizing purposes the Union has the right to refer applicants for employment notwithstanding their place on the referral list.

Section 7. Any applicant that is rejected by the Employer, shall be returned to his/her appropriate place on the list within his or her group, and shall be referred to other employment in accordance with the position of the group and his or her place within the group.

Section 8. Any applicant who refuses two (2) offers of employment or quits a job he/she has been referred will have their name placed at the bottom of the referral list.

Section 9. Once an employee accumulates forty (40) hours of employment collectively from signatory contractors of the IUPAT his/her name will be removed from the referral list.

Section 10. When an employee is laid off from employment he/she will call the Union office to have his/her name placed on the referral list in their appropriate group.

Section 11. The provisions set forth in this Article notwithstanding, the right of any applicant for employment may be suspended in accordance with the following provision(s):

a) Should any person referred for employment be terminated for just cause, his/her referral privileges shall be suspended for two (2) weeks. Should the same individual be terminated for cause a second time within a twenty-four (24) month period, his/her hiring hall referral privileges shall be suspended for two (2) months. Should the same individual be terminated for cause a third time within a twenty-four (24) month period, his/her referral privileges shall be suspended indefinitely.

b) A termination shall not be considered “for just cause” for purpose of this provision if the person referred for employment has filed a grievance challenging the propriety of his/her termination, unless and until the grievance is resolved in a manner that affirms the termination for just cause. For the purpose of this provision, a decision of the District Council Joint Trade Board and/or an arbitrator shall be final and binding.

c) The provisions in subsections (a) and (b) notwithstanding, a Termination Review Committee, composed of the members of the District Council Joint Trade Board may, upon written request of the applicant, vacate or reduce the period of suspension should the Committee determine, following inquiry or investigation, in its sole and complete discretion, that equity requires such action.