Common use of Certification of Competence Clause in Contracts

Certification of Competence. (1) Procedures are hereby established for the purpose of certifying the competence of workmen in the various phases of the craft of work covered by this Agreement, which procedures shall be administered by and subject to the jurisdiction of the Joint Apprenticeship Committee. (2) Testing procedures covering written and/or manipulative tests shall be adopted and maintained with such revisions as may be deemed advisable by the Joint Apprenticeship Committee, and the Committee shall establish the procedures and rules under which Certificates of Competence will be issued to successful test applicants. The Committee rules shall require that test results be judged jointly through representation of the Employers and the Union and that test judging be suspended during any period when such joint representation may be unavailable. (3) All applicants for employment within the jurisdiction of this Agreement except persons who were working either under or properly registered for employment as of the effective date of the Agreement shall be required to obtain a Certificate of Competence before such applicant shall be deemed eligible for referral in the classification requested by the Employer. A job applicant who has failed to obtain a Certificate of Competence in the classification requested but who demonstrates a lesser level of ability shall be referred as an apprentice to the Employer who initially made such request. (4) The Joint Apprenticeship Committee shall have the authority to assess a fee to be paid as a condition precedent to taking the test provided that the fee or fees so established shall be reasonably set with due consideration being given to the cost of administering such test. (5) In the event a xxxxxxx who has applied for a Certificate of Competence and who has complied with the procedures of the Joint Apprenticeship Committee is denied such Certificate, he may appeal to the Joint Apprenticeship Committee for a review of his application. The Joint Apprenticeship Committee shall have full power to review the questions presented by the appeal, and the decision of the Joint Apprenticeship Committee shall be final and binding as to the subject of the appeal. Any examinations to establish competence as provided for under this Section shall be developed and graded by a committee having an equal number of members appointed by the Employer parties and by the Union party to this Agreement, or by an impartial third person selected jointly by said parties. (6) The Apprenticeship Committee shall develop a program, consisting of a course of instruction, testing, and certification to accommodate those persons who voluntarily wish to upgrade their level of skill. (7) All Employers signatories to this Agreement shall be required to request personnel through the appropriate hiring hall in accordance with the following procedure: (A.) The Employer shall request a referral of a prospective employee through the appropriate District Council or affiliated Local Union. (B.) The prospective employee shall be tested in accordance with the procedure developed herein above. (C.) Lists of job applicants will be separately maintained at the hiring halls reflecting the proficiency level of the applicant. The Union shall in this regard develop such lists consistent with the fulfillment of the purposes of this paragraph. Such lists shall be updated periodically.

Certification of Competence. (1) Procedures are hereby established for the purpose of certifying the competence of workmen in the various phases of the craft of work covered by this Agreement, which procedures shall be administered by and subject to the jurisdiction of the Joint Apprenticeship Committee. (2) Testing procedures covering written and/or manipulative tests shall be adopted and maintained with such revisions as may be deemed advisable by the Joint Apprenticeship Committee, and the Committee shall establish the procedures and rules under which Certificates of Competence will be issued to successful test applicants. The Committee rules shall require that test results be judged jointly through representation of the Employers and the Union and that test judging be suspended during any period when such joint representation may be unavailable. (3) All applicants for employment within the jurisdiction of this Agreement except persons who were working either under or properly registered for employment as of the effective date of the Agreement shall be required to obtain a Certificate of Competence before such applicant shall be deemed eligible for referral in the classification requested by the Employer. A job applicant who has failed to obtain a Certificate of Competence in the classification requested but who demonstrates a lesser level of ability shall be referred as an apprentice to the Employer who initially made such request. (4) The Joint Apprenticeship Committee shall have the authority to assess a fee to be paid as a condition precedent to taking the test provided that the fee or fees so established shall be reasonably set with due consideration being given to the cost of administering such test. (5) In the event a xxxxxxx who has applied for a Certificate of Competence and who has complied with the procedures of the Joint Apprenticeship Committee is denied such Certificate, he may appeal to the Joint Apprenticeship Committee for a review of his application. The Joint Apprenticeship Committee shall have full power to review the questions presented by the appeal, and the decision of the Joint Apprenticeship Committee shall be final and binding as to the subject of the appeal. Any examinations to establish competence as provided for under this Section shall be developed and graded by a committee having an equal number of members appointed by the Employer parties and by the Union party to this Agreement, or by an impartial third person selected jointly by said parties. (6) The Apprenticeship Committee shall develop a program, consisting of a course of instruction, testing, testing and certification to accommodate those persons who voluntarily wish to upgrade their level of skill. (7) All Employers signatories to this Agreement shall be required to request personnel through the appropriate hiring hall in accordance with the following procedure: (A.A) The Employer shall request a referral of a prospective employee through the appropriate District Council or affiliated Local Union. (B.B) The prospective employee shall be tested in accordance with the procedure developed herein above. (C.C) Lists of job applicants will be separately maintained at the hiring halls reflecting the proficiency level of the applicant. The Union shall in this regard develop such lists consistent with the fulfillment of the purposes of this paragraph. Such lists shall be updated periodically.