Common use of EMPLOYMENT, DISPATCHING AND QUALIFICATION PROCESS Clause in Contracts

EMPLOYMENT, DISPATCHING AND QUALIFICATION PROCESS. A. In order to maintain an efficient system of production in the industry, to provide for an orderly procedure for the referral of applicants for employment, and to preserve the legitimate interests of employees in their employment, the Employer and the Union agree that when the Employer performs work covered by this Agreement, it shall hire applicants for employment to perform such work in accordance with this Agreement. B. The Employer shall requisition all employees who are to be employed from the area Local Union hiring hall. The Union will immediately dispatch such employees regardless of race, color, creed, nationality, religion or sex as having been requisitioned in accordance with this section subject to and governed by the following conditions: 1. Selection of applicants for referral to jobs shall be on a non-discriminatory basis and shall not be based on or in any way affected by Union membership, By-laws, regulations, constitutional provisions, or any other aspect or obligation of Union membership, policies or requirements. 2. The Employer retains the right to reject for any lawful reason any job applicant referred by the Union. C. If the Union shall fail to furnish the requisitioned employees within thirty-six (36) hours after the requisition is brought to the Union’s attention, then in that event the Employer may secure such employees from any other source available. However, upon request of the Union, the Employer will notify the Local Union, in writing, of such employees that were hired. In the event employees secured from sources outside the Union’s hiring hall belong to another labor organization that provide healthcare and retirement benefits that require the employer to make payments for those benefits, then those employees will be exempt from the benefit contributions under this agreement. The employer will notify the Union within Ten (10) days of such exempt employees. The Employer further agrees to replace these exempt employees with workers from the Union’s hiring hall when the Union notifies the Employer that qualified craftsmen have become available, however the Employer retains the right to determine acceptability of the replacement workers and will be afforded the time to make the transitions with the least amount of disruption. All other employees who are hired outside the hiring hall, who do not receive comparable benefits from a labor organization for which the employer is required to make payments for those benefits shall receive full benefits stipulated in this agreement and the Employer shall make all contributions for those benefits in accordance to this agreement. D. The following procedures shall govern all employment: 1. Only a qualified person shall be employed as a Journeyman Drywall Taper or Texture Spray man. Any person who has been employed by an Employer covered by this Agreement within four (4) years previous to the time of dispatch shall be presumed to be qualified. 2. Any Employer desiring to hire any particular qualified person by name may make a request to this effect in writing to the hiring hall, and such requested personnel, if on the out-of- work list and is available and desirous of employment, shall be dispatched by the hiring hall for employment. If no specific request is made by name, it shall be the duty of the hiring hall to dispatch available and qualified personnel. A written referral shall be given to each xxxxxxx dispatched from the hiring hall under this Agreement. This is not a Union “clearance”, but rather written evidence in the xxxxxxx’x possession that he has been dispatched in accordance with this Agreement. (a.) Where no specific request has been made by name, the hiring hall shall dispatch available qualified personnel who have been employed by Employers party to this Agreement for six (6) months in the two (2) years preceding dispatch before all other available, qualified personnel. Subject to these limitations, referrals will be made on a first-in, first-out basis. 3. It is recognized that by arrangement of convenience in the past, employees have in fact been referred on a telephone basis, and the hiring hall is free to continue this practice to the extent that it continues to be practicable. However, in this latter instance, such an arrangement must be confirmed promptly, in writing, by the Employer in each particular case, in order that the hiring hall records may be maintained. 4. Persons to be qualified as journeymen for the first time shall be qualified upon passing with a score of at least eighty percent (80%) on a written examination, formulated by the Union. If an applicant in answering one of the written questions gives an answer substantially the same as the answer formulated by the Union for that question, then the applicant shall receive credit for the answer. The intent of the parties is that this system of qualification shall be uniformly applied to all applicants seeking to be qualified for the first time. If either the Union or any contractor wishes to challenge the competence of any employee to continue with work covered by this Agreement, the Union shall make such suitable arrangements and will subject the employee to an actual on-the-job test and inspection of the results thereof and an analysis of the time taken in doing the work performed. The union shall thereupon assess the abilities of the particular xxxxxxx, and he shall then be declared either qualified or not qualified. The examination shall include written and/or oral practical examination given by the Local Union. The following scale is in regard to journeyman placement exam: • 100% to 80% Classified as a Journeyman • 79% to 65% Classified as a New Journeyman • 64% or lower Classified as an Apprentice 5. Journeymen from other Local Unions of I.U.P.A.T. may be required to be examined. The examination shall include written and/or practical examination given by this Local Union or any other Local Union of the I.U.P.A.T. Reasonable intervals of time for examinations shall be determined by the Local Union. An applicant shall be eligible for the journeyman tapers examination, if he has had four (4) years of experience in the trade, in the industry, or has satisfactorily completed a federally approved apprenticeship program of not less than two (2) years for this branch of the trade. 6. An applicant, who has failed the journeyman’s examination, shall be permitted to apply and retake the examination for journeyman classification, six (6) months after the date of the examination that he failed. The applicant shall submit proof of eligibility to take the examination. E. The Union agrees to hold the Employer harmless for any money damages or penalties assessed against any of them by the National Labor Relations Board, any court, or administrative agency because of the use of the hiring hall procedure.

EMPLOYMENT, DISPATCHING AND QUALIFICATION PROCESS. A. In order to maintain an efficient system of production in the industry, to provide for an orderly procedure for the referral of applicants for employment, and to preserve the legitimate interests of employees in their employment, the Employer and the Union agree that when the Employer performs work covered by this Agreement, it shall hire applicants for employment to perform such work in accordance with this Agreement. B. The Employer shall requisition all employees who are to be employed from the area Local Union hiring hall. The Union will immediately dispatch such employees regardless of race, color, creed, nationality, religion or sex as having been requisitioned in accordance with this section subject to and governed by the following conditions: 1. Selection of applicants for referral to jobs shall be on a non-discriminatory basis and shall not be based on or in any way affected by Union membership, By-laws, regulations, constitutional provisions, or any other aspect or obligation of Union membership, policies or requirements. 2. The Employer retains the right to reject for any lawful reason any job applicant referred by the Union. C. If the Union shall fail to furnish the requisitioned employees within thirty-six (36) hours after the requisition is brought to the Union’s attention, then in that event the Employer may secure such employees from any other source available. However, upon request of the Union, the Employer will notify the Local Union, in writing, of such employees that were hired. In the event employees secured from sources outside the Union’s hiring hall belong to another labor organization that provide healthcare and retirement benefits that require the employer to make payments for those benefits, then those employees will be exempt from the benefit contributions under this agreement. The employer will notify the Union within Ten (10) days of such exempt employees. The Employer further agrees to replace these exempt employees with workers from the Union’s hiring hall when the Union notifies the Employer that qualified craftsmen have become available, however the Employer retains the right to determine acceptability of the replacement workers and will be afforded the time to make the transitions with the least amount of disruption. All other employees who are hired outside the hiring hall, who do not receive comparable benefits from a labor organization for which the employer is required to make payments for those benefits shall receive full benefits stipulated in this agreement and the Employer shall make all contributions for those benefits in accordance to this agreement. D. The following procedures shall govern all employment: 1. Only a qualified person shall be employed as a Journeyman Drywall Taper or Texture Spray man. Any person who has been employed by an Employer covered by this Agreement within four (4) years previous to the time of dispatch shall be presumed to be qualified. 2. Any Employer desiring to hire any particular qualified person by name may make a request to this effect in writing to the hiring hall, and such requested personnel, if on the out-of- work list and is available and desirous of employment, shall be dispatched by the hiring hall for employment. If no specific request is made by name, it shall be the duty of the hiring hall to dispatch available and qualified personnel. A written referral shall be given to each xxxxxxx dispatched from the hiring hall under this Agreement. This is not a Union “clearance”, but rather written evidence in the xxxxxxx’x possession that he has been dispatched in accordance with this Agreement. (a.) Where no specific request has been made by name, the hiring hall shall dispatch available qualified personnel who have been employed by Employers party to this Agreement for six (6) months in the two (2) years preceding dispatch before all other available, qualified personnel. Subject to these limitations, referrals will be made on a first-in, first-out basis. 3. It is recognized that by arrangement of convenience in the past, employees have in fact been referred on a telephone basis, and the hiring hall is free to continue this practice to the extent that it continues to be practicable. However, in this latter instance, such an arrangement must be confirmed promptly, in writing, by the Employer in each particular case, in order that the hiring hall records may be maintained. 4. Persons to be qualified as journeymen for the first time shall be qualified upon passing with a score of at least eighty percent (80%) on a written examination, formulated by the Union. If an applicant in answering one of the written questions gives an answer substantially the same as the answer formulated by the Union for that question, then the applicant shall receive credit for the answer. The intent of the parties is that this system of qualification shall be uniformly applied to all applicants seeking to be qualified for the first time. If either the Union or any contractor wishes to challenge the competence of any employee to continue with work covered by this Agreement, the Union shall make such suitable arrangements and will subject the employee to an actual on-the-job test and inspection of the results thereof and an analysis of the time taken in doing the work performed. The union shall thereupon assess the abilities of the particular xxxxxxx, and he shall then be declared either qualified or not qualified. The examination shall include written and/or oral practical examination given by the Local Union. The following scale is in regard to journeyman placement exam: •  100% to 80% Classified as a Journeyman •  79% to 65% Classified as a New Journeyman •  64% or lower Classified as an Apprentice 5. Journeymen from other Local Unions of I.U.P.A.T. may be required to be examined. The examination shall include written and/or practical examination given by this Local Union or any other Local Union of the I.U.P.A.T. Reasonable intervals of time for examinations shall be determined by the Local Union. An applicant shall be eligible for the journeyman tapers examination, if he has had four (4) years of experience in the trade, in the industry, or has satisfactorily completed a federally approved apprenticeship program of not less than two (2) years for this branch of the trade. 6. An applicant, who has failed the journeyman’s examination, shall be permitted to apply and retake the examination for journeyman classification, six (6) months after the date of the examination that he failed. The applicant shall submit proof of eligibility to take the examination. E. The Union agrees to hold the Employer harmless for any money damages or penalties assessed against any of them by the National Labor Relations Board, any court, or administrative agency because of the use of the hiring hall procedure.