Common use of EXAMINATION OF APPRENTICES Clause in Contracts

EXAMINATION OF APPRENTICES. (a) Upon the written request of the Union or any Individual Employer party to this Agreement or of the Association, an employee or applicant for employment must submit to an examination to be scheduled by the JATC. The JATC shall be empowered upon the basis of such examination to reclassify the employee or applicant for employment or to certify the employee as being unqualified for employment upon any phase or phases of tile work. The JATC shall be further empowered to require any employee whose name has been referred to it under this section to enroll in the training program for training in any or all phases of the trade in which it has found and certified the employee as being unqualified. The JATC shall make the final determination of the skill level classification of all apprentices, which determination shall be based upon the number of hours worked by the apprentice as set forth in Appendices A through E of this Agreement, any examinations which the JATC deems necessary and the apprentice’s satisfactory participation in the apprentice training program. An Individual Employer may, if that employer so elects, pay a person enrolled in the apprentice training program an hourly rate higher than that required for the skill level of that employee as determined by the JATC; however, such payment shall not determine that employee’s skill level for purposes of employment by any other Individual Employer. Any person employed to perform work covered by this Agreement who is not enrolled in the apprentice training program administered by the Northern California Tile Industry Apprenticeship and Training Trust Fund shall be paid as a journeyman. (b) Whenever an employee whose name has been referred to the JATC under this section fails to report for examination, or fails to obey any order of the JATC to submit to training in any phase or phases of tile work in which it has found and certified the employee to be unqualified for employment, the JATC may notify the Employment Office of the Union and upon receipt of such notice the Employment Office shall bar the employee from registering for employment until such time as it has been notified that the employee has complied. Similarly, whenever the JATC has found that any employee or applicant for employment is unqualified for employment in any phase or phases of tile work, it may certify the employee to the Employment Office of the Union as being so unqualified and the employee or applicant for employment shall not be entitled to be dispatched to any Individual Employer for employment in such phases of tile work.

EXAMINATION OF APPRENTICES. (a) Upon A. Distribution line apprentices shall before being stepped up to the written request next level of apprenticeship pay; 1. Have spent a minimum of 12 months in each of his/her 1st through 3rd Apprenticeship levels, have spent a minimum of 6 months in his/her 4th Apprenticeship level. The term of the Union or any Individual Employer party to this Agreement or Apprenticeship shall be dependent upon the entry level of the AssociationApprenticeship. 2. Have successfully completed all on the job training (OJT), task performance evaluation (TPE) for the next level of Apprenticeship, and successfully pass 4 assuming they have been afforded the opportunity to complete (OJT) and (TPE). If an employee or applicant for employment must submit apprentice is not fully afforded the opportunity to an examination complete the requirements of subsection 2 above, at not fault of their own, but has successfully completed TPE/OJT requirements, after 3 months of time has passed he/she shall step up in pay to be scheduled by the JATCnext level of progression and will continue to receive such pay until he/she is afforded such opportunity to certify. The JATC shall be empowered upon the basis of such examination to reclassify Should the employee or applicant for employment or fail to certify complete a requirement upon being afforded the opportunity to do so, the employee as being unqualified for employment upon any phase or phases of tile work. The JATC shall be further empowered will return to require any employee whose name has been referred to it under this section to enroll in the training program for training in any or all phases of the trade in which it has found and certified the employee as being unqualified. The JATC shall make the final determination of the skill level classification of all apprentices, which determination shall be based upon the number of hours worked by the apprentice as set forth in Appendices A through E of this Agreement, any examinations which the JATC deems necessary and the apprentice’s satisfactory participation in the apprentice training program. An Individual Employer may, if that employer so elects, their former pay a person enrolled in the apprentice training program an hourly rate higher than that required for the skill level of that employee as determined by the JATC; however, such payment shall not determine that employee’s skill level for purposes of employment by any other Individual Employer. Any person employed to perform work covered by this Agreement who is not enrolled in the apprentice training program administered by the Northern California Tile Industry Apprenticeship and Training Trust Fund shall be paid as a journeyman. (b) Whenever an employee whose name has been referred to the JATC under this section fails to report for examination, or fails to obey any order of the JATC to submit to training in any phase or phases of tile work in which it has found and certified the employee to be unqualified for employment, the JATC may notify the Employment Office of the Union and upon receipt of such notice the Employment Office shall bar the employee from registering for employment until such time as it he/she successfully completes the failed requirements which he/she has been notified afforded the opportunity to complete. B. All other apprentices shall before being stepped up to the next level of apprenticeship pay; 1. Have spent 12 months in his/her current Apprenticeship level, provided, however, that an apprentice hired at the 4th year level may be advanced to journeyman in less than 12 months. 2. Have successfully completed all prerequisite work for the next level of Apprenticeship assuming they have been afforded an opportunity to complete the work; and 3. Have successfully completed all of the OJT and required subsequent certification for his/her current level of Apprenticeship assuming they have been afforded an opportunity to complete the OJT and the certification. If such opportunity in subsection 2 or 3 is not fully afforded, the apprentice who has successfully completed such prerequisite work or OJT and required subsequent certification as has been afforded shall step up in pay to the next level at the normal one-year progression interval and will continue to receive such pay until he/she is afforded such opportunity. Should the employee has complied. Similarlyfail to complete a requirement upon being afforded the opportunity to do so, whenever the JATC has found that any employee or applicant for employment is unqualified for employment in any phase or phases of tile work, it may certify the employee will return to their former pay rate until such time as he/she successfully completes the Employment Office of failed requirements which he/she has been afforded the Union as being so unqualified and the employee or applicant for employment shall not be entitled opportunity to be dispatched to any Individual Employer for employment in such phases of tile workcomplete.

EXAMINATION OF APPRENTICES. (a) Upon the written request of the Union or any Individual Employer party to this Agreement or of the Association, an employee or applicant for employment must submit to an examination to be scheduled by the JATC. The JATC shall be empowered upon the basis of such examination to reclassify the employee or applicant for employment or to certify the employee as being unqualified for employment upon any phase or phases of tile work. The JATC shall be further empowered to require any employee whose name has been referred to it under this section to enroll in the training program for training in any or all phases of the trade in which it has found and certified the employee as being unqualified. The JATC shall make the final determination of the skill level classification of all apprentices, which determination shall be based upon the number of hours worked by the apprentice as set forth in Appendices A through E of this Agreement, any examinations which the JATC deems necessary and the apprentice’s satisfactory participation in the apprentice training program. An Individual Employer may, if that employer so elects, pay a person enrolled in the apprentice training program an hourly rate higher than that required for the skill level of that employee as determined by the JATC; however, such payment shall not determine that employee’s skill level for purposes of employment by any other Individual Employer. Any person employed to perform work covered by this Agreement who is not enrolled in the apprentice training program administered by the Northern California Tile Industry Apprenticeship and Training Trust Fund shall be paid as a journeyman. (b) Whenever an employee whose name has been referred to the JATC under this section fails to report for examination, or fails to obey any order of the JATC to submit to training in any phase or phases of tile work in which it has found and certified the employee to be unqualified for employment, the JATC may notify the Employment Office of the Union and upon receipt of such notice the Employment Office shall bar the employee from registering for employment until such time as it has been notified that the employee has complied. Similarly, whenever the JATC has found that any employee or applicant for employment is unqualified for employment in any phase or phases of tile work, it may certify the employee to the Employment Office of the Union as being so unqualified and the employee or applicant for employment shall not be entitled to be dispatched to any Individual Employer for employment in such phases of tile work.