Common use of Hiring Procedures Clause in Contracts

Hiring Procedures. A. The Union shall establish and maintain an open and non-discriminatory employment list for employment of workers of this particular trade, including journeymen or indentured apprentices previously employed by the employers in the multi-employer unit included in this Agreement and non-member workers who make application for a place on the list. B. Whenever desiring to employ workers, the Employer shall call upon the Union or its agent for such workers as he/she may from time to time need and the Union or its agent shall immediately furnish the employer the required number of qualified and competent workers needed by the Employer, provided, however, the Employer shall have entire freedom of selectivity in hiring and may discharge any employees for cause (EXCLUDING STEWARDS) which he/she may deem sufficient, provided there shall be no discrimination on the part of the Employer against any employee for any Union activity. No employee may be discharged for refusing to transport materials, tools or equipment in their personal vehicle. Nothing contained herein shall prohibit the employer from stipulating the special skills required for said job. The Union recognizes the right of the employer to make work assignments, to manage his or her operations, schedule his or her work and direct his or her work force, including the hiring, promoting, suspending, discharging for cause, and laying off of employees, subject only to the limitations in the Agreement and all applicable laws. C. The Union or its agent will furnish the Employers each such required competent workers entered on said list by use of written referral, on a standard form with specific references to wages only as "per the Agreement". Said written referral shall be given to the employee when he/she is dispatched to an employer, excluding out of area employees, as described in Article 3, Section 4, Paragraph E, and said employee shall not be permitted to commence work until said written referral has been delivered to the employer or his/her agent. The employer shall be furnished such workers from the Union's open listing in the following manner: The specifically named workers who have been recently laid off or terminated by the Employer or by any other Employer within the Multi-Employer unit herein and whom the applicant Employer desires to re-employ provided they are available for employment. Workers who have been employed by Employers within the Multi-Employer unit during the previous ten (10) years. Workers whose names are entered on the list above referred to and who are available for employment. D. The employer or his/her xxxxxxx shall be responsible to see that the work referral of any newly hired or rehired employee, or member renewing his/her work referral (each six (6) months) is in order, or will notify the District Council No. 36 Office or the Local Union in the area by telephone within twenty-four (24) hours of employment of any newly hired or rehired person. Failure to follow the procedure above will result in: First Violation – Written warning Liquidated Damages: Second Violation – Fifty ($50.00) Dollars Third Violation – One hundred ($100.00) Dollars Two hundred ($200.00) Dollars for each additional violation The assessed damages shall be paid to any one of the following as determined by the Union: (1) Joint Apprenticeship Training Trust (2) The Industry Advancement Fund (3) Any jointly administered body recognized to perform the functions of Apprenticeship and Journeyman prevailing wage compliance on public works. E. Employees shall be required to obtain new job referral semi-annually during the months of January and July from either District Council No. 36 or from any Local Union within the jurisdiction of District Council No. 36. F. Reasonable advance notice will be given by the Employers to the Union or its agent upon ordering such workers, and in the event that forty-eight (48) hours after such notice the Union or its agent shall not furnish such workers, the Employers may procure workers from any other source or sources. If workers are so employed, the Employer will report to the Union or its agents each such worker by name and social security account number at the time of hire. Workers employed under the provisions of this paragraph who fail to make application for and obtain a Certificate of Competence shall not be eligible for future employment until obtaining such a Certification of Competence. G. If workers are employed, the Employers shall within twenty-four (24) hours report to the Union or its agent such workers by name and Social Security Account Number.

Appears in 2 contracts

Samples: Master Labor Agreement, Master Labor Agreement

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Hiring Procedures. Both parties agree that prior to submitting a dispatch request to the hiring hall, the MOA shall recruit from employees represented by this agreement. Both parties further agree that prior to posting a vacancy to the public, the MOA will request a dispatch from the Union’s hiring hall according to D (below). A. The Union shall establish agrees to maintain a hiring hall and maintain an open to solicit qualified workers, both Union and non-discriminatory employment list union, in order to fill MOA requisitions for employment workers. The MOA agrees to use the services of workers of this particular trade, including journeymen or indentured apprentices previously employed by the employers in the multi-employer unit included in this Agreement hiring hall and non-member workers who make application for a place on the list. B. Whenever desiring to employ workers, the Employer shall will call upon the Union or its agent to furnish all qualified workers the MOA may require in the classifications covered by this Agreement, subject to the terms and conditions set forth in this Section 3.1. B. Selection of applicants for such workers as he/she may from time referral to time need and the Union or its agent shall immediately furnish the employer the required number of qualified and competent workers needed by the Employer, provided, however, the Employer shall have entire freedom of selectivity in hiring and may discharge any employees for cause (EXCLUDING STEWARDS) which he/she may deem sufficient, provided there jobs shall be no discrimination on the part a non-discriminatory basis and shall not be based on, or in any way affected by Union membership, bylaws, rules, regulations, constitutional provisions, or any other aspect or obligation of the Employer against any employee for any Union activity. No employee may be discharged for refusing to transport materialsmembership, tools policies or equipment in their personal vehicle. Nothing contained herein shall prohibit the employer from stipulating the special skills required for said jobrequirements. The Union recognizes agrees to not discriminate against non-union workers in referring workers to the right of the employer to make work assignments, to manage his or her operations, schedule his or her work and direct his or her work force, including the hiring, promoting, suspending, discharging for causeMOA, and laying off of employees, subject only the MOA agrees not to discriminate against Union workers in selecting job applicants referred by the limitations in the Agreement and all applicable lawsUnion. C. The Union or its agent will furnish MOA retains the Employers each such required competent workers entered on said list right to reject any job applicant referred by use of written referral, on a standard form with specific references to wages only as "per the Agreement". Said written referral shall be given to the employee when he/she is dispatched to an employer, excluding out of area employees, as described in Article 3, Section 4, Paragraph E, and said employee shall not be permitted to commence work until said written referral has been delivered to the employer or his/her agent. The employer shall be furnished such workers from the Union's open listing in the following manner: The specifically named workers who have been recently laid off or terminated by the Employer or by any other Employer within the Multi-Employer unit herein and whom the applicant Employer desires to re-employ provided they are available for employment. Workers who have been employed by Employers within the Multi-Employer unit during the previous ten (10) years. Workers whose names are entered on the list above referred to and who are available for employment. D. The employer or his/her xxxxxxx shall be responsible to see that In the work referral of any newly hired or rehired employee, or member renewing his/her work referral (each six (6) months) is in order, or will notify the District Council No. 36 Office or the Local Union in the area by telephone within twenty-four (24) hours of employment of any newly hired or rehired person. Failure to follow the procedure above will result in: First Violation – Written warning Liquidated Damages: Second Violation – Fifty ($50.00) Dollars Third Violation – One hundred ($100.00) Dollars Two hundred ($200.00) Dollars for each additional violation The assessed damages shall be paid to any one of the following as determined by the Union: (1) Joint Apprenticeship Training Trust (2) The Industry Advancement Fund (3) Any jointly administered body recognized to perform the functions of Apprenticeship and Journeyman prevailing wage compliance on public works. E. Employees shall be required to obtain new job referral semi-annually during the months of January and July from either District Council No. 36 or from any Local Union within the jurisdiction of District Council No. 36. F. Reasonable advance notice will be given by the Employers to event the Union or its agent upon ordering such workers, and in is unable to supply the event that MOA with qualified workers within forty-eight (48) hours after such notice (Friday, Saturday, Sunday and recognized holidays excluded) from when the Union or its agent shall not furnish such workerscall was received, the Employers MOA may procure recruit workers from any other source or sources. If workers are so employedIn this case, the Employer will report MOA may recruit and hire pursuant to the Union or its agents each such worker by name and social security account number at the time of hire. Workers employed under the provisions of this paragraph who fail to make application for the Municipal Personnel Rules (AMC 3.30). If the MOA hires outside of the hall, the MOA shall furnish the Union with the name(s) of any such workers hired, their classification, and obtain a Certificate date of Competence hire. E. The MOA may fill vacant positions by recall from layoff or by transfer, promotion, or demotion. F. The MOA may fill vacant positions with existing bargaining unit members through departmental or Municipal recruitment announcements. Current temporary employees shall not be eligible to apply for future employment until obtaining such a Certification of Competencedepartmental and municipal vacant positions. G. If workers are employedThe Union and the MOA agree to disseminate to employees and applicants for employment, notice of these hiring arrangements. H. Any alleged violation of this Article may be the Employers shall within twenty-four (24) hours report to the Union or its agent such workers by name and Social Security Account Numbersubject of a grievance under Article 7 of this Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Hiring Procedures. A. The Union shall establish and maintain an open and non-discriminatory employment list for employment of workers of this particular trade, including journeymen or indentured apprentices previously employed by the employers in the multi-employer unit included in this Agreement and non-member workers who make application for a place on the list. B. Whenever desiring to employ workers, the Employer shall call upon the Union or its agent for such workers as he/she may from time to time need and the Union or its agent shall immediately furnish the employer the required number of qualified and competent workers needed by the Employer, provided, however, the Employer shall have entire freedom of selectivity in hiring and may discharge any employees for cause (EXCLUDING STEWARDS) which he/she may deem sufficient, provided there shall be no discrimination on the part of the Employer against any employee for any Union activity. No employee may be discharged for refusing to transport materials, tools or equipment in their personal vehicle. Nothing contained herein shall prohibit the employer from stipulating the special skills required for said job. The Union recognizes the right of the employer to make work assignments, to manage his or her operations, schedule his or her work and direct his or her work force, including the hiring, promoting, suspending, discharging for cause, and laying off of employees, subject only to the limitations in the Agreement and all applicable laws. C. The Union or its agent will furnish the Employers each such required competent workers entered on said list by use of written referral, on a standard form with specific references to wages only as "per the Agreement". Said written referral shall be given to the employee when he/she is dispatched to an employer, excluding out of area employees, as described in Article 3, Section 4, Paragraph E, and said employee shall not be permitted to commence work until said written referral has been delivered to the employer or his/her agent. The employer shall be furnished such workers from the Union's open listing in the following manner: The specifically named workers who have been recently laid off or terminated by the Employer or by any other Employer within the Multi-Employer unit herein and whom the applicant Employer desires to re-employ provided they are available for employment. Workers who have been employed by Employers within the Multi-Employer unit during the previous ten (10) years. Workers whose names are entered on the list above referred to and who are available for employment. D. The employer or his/her xxxxxxx shall be responsible to see that the work referral of any newly hired or rehired employee, or member renewing his/her work referral (each six (6) months) is in order, or will notify the District Council No. 36 Office or the Local Union in the area by telephone within twenty-four (24) hours of employment of any newly hired or rehired person. Failure to follow the procedure above will result in: First Violation – Written warning Liquidated Damages: Second Violation – Fifty ($50.00) Dollars Third Violation – One hundred ($100.00) Dollars Two hundred ($200.00) Dollars for each additional violation The assessed damages shall be paid to any one of the following as determined by the Union: (1) Joint Apprenticeship Training Trust (2) The Industry Advancement Fund (3) Any jointly administered body recognized to perform the functions of Apprenticeship and Journeyman prevailing wage compliance on public works. E. Employees shall be required to obtain new job referral semi-annually during the months of January and July from either District Council No. 36 or from any Local Union within the jurisdiction of District Council No. 36. F. Reasonable advance notice will be given by the Employers to the Union or its agent upon ordering such workers, and in the event that forty-eight (48) hours after such notice the Union or its agent shall not furnish such workers, the Employers may procure workers from any other source or sources. If workers are so employed, the Employer will report to the Union or its agents each such worker by name and social security account number at the time of hire. Workers employed under the provisions of this paragraph who fail to make application for and obtain a Certificate of Competence shall not be eligible for future employment until obtaining such a Certification of Competence. G. If workers are employed, the Employers shall within twenty-four (24) hours report to the Union or its agent such workers by name and Social Security Account Number.

Appears in 2 contracts

Samples: Master Labor Agreement, Master Labor Agreement

Hiring Procedures. A. 5.1 The Employer agrees to engage employees through the services of the Union office having jurisdiction and will not engage any person until a dispatch slip from the Union Office is presented or clearance is obtained from the union Office. The work dispatch slip shall establish contain the following information: a) Current classification b) First Aid certification & date c) WHMIS Certification & date d) CPR certification & date e) Proof of completion of following safety courses: Orientation L1 training Propane Confined space awareness Fall Arrest Lift (JLG Generic module) The Employer shall have the right to name hire any unemployed member in good standing of the Local Union having jurisdiction, and maintain an open and non-discriminatory employment list for employment of workers of this particular trade, including journeymen or indentured apprentices previously employed will be provided with a dispatch slip by the employers in Union. The Employer shall have the multi-employer unit included in this Agreement right to determine the competency and non-member workers who make application for a place on the listqualifications of such employees. B. Whenever desiring to employ workers5.2 If, upon request, the Employer shall call upon the Union or its agent for such workers as he/she may from time is unable to time need and the Union or its agent shall immediately furnish the employer supply the required number of qualified and competent workers needed by the Employer, provided, howeveremployees, the Employer may secure them from other sources, provided however, that such person procured from other available sources shall have entire freedom be required by the Employer to join the Union within 15 days, if qualified and hired in accordance with Section 5.01. Employees must meet the educational qualifications of selectivity the respective local Joint Training and Apprenticeship Committee. 5.3 The Employer shall not discriminate against any employee by reason of their age, membership in hiring and the Union or their participation in its lawful activities, but may discharge any employees employee for cause (EXCLUDING STEWARDS) which he/she may deem sufficientjust and sufficient cause. – 8 – May 1, provided there shall be no discrimination on 2019 to April 30, 2022 5.4 At the part discretion of the Employer against any employee for any Union activity. No employee may be discharged for refusing to transport materialsLocal Joint Training and Apprenticeship Committee and the Business Manager, tools or equipment in their personal vehicle. Nothing contained herein shall prohibit where apprentices are unemployed, the employer from stipulating the special skills required for said job. The Union recognizes the right of the employer to make work assignments, to manage his or her operations, schedule his or her work and direct his or her work force, including the hiring, promoting, suspending, discharging for cause, and laying off of employees, subject only to the limitations in the Agreement and all applicable laws. C. The Union or its agent will furnish the Employers each such required competent workers entered on said list by use of written referral, on a standard form with specific references to wages only as "per the Agreement". Said written referral shall be given to the employee when he/she is dispatched to an employer, excluding out of area employees, as described in Article 3, Section 4, Paragraph E, and said employee shall not be permitted allowed to commence work until hire new apprentices. 5.5 When a company lays off employees, said written referral has been delivered to company shall lay off its employees on the employer or his/her agentfollowing basis: • probationary members • travel card members • local union members 5.6 A standard evaluation form developed by the National Sprinkler Industry JTAC shall be adopted by the Local JTAC and/or Union. The employer shall evaluations forms must be furnished such workers from the Union's open listing in the following manner: The specifically named workers who have been recently laid off or terminated completed by the Employer or by any other Employer within the Multi-Employer unit herein contractor and whom the applicant Employer desires to re-employ provided they are available for employment. Workers who have been employed by Employers within the Multi-Employer unit during the previous ten (10) years. Workers whose names are entered on the list above referred to and who are available for employment. D. The employer or his/her xxxxxxx shall be responsible to see that the work referral of any newly hired or rehired employee, or member renewing his/her work referral (each six (6) months) is in order, or will notify the District Council No. 36 Office or the Local Union in the area by telephone within twenty-four (24) hours of employment of any newly hired or rehired person. Failure to follow the procedure above will result in: First Violation – Written warning Liquidated Damages: Second Violation – Fifty ($50.00) Dollars Third Violation – One hundred ($100.00) Dollars Two hundred ($200.00) Dollars for each additional violation The assessed damages shall be paid to any one of the following as determined by the Union: (1) Joint Apprenticeship Training Trust (2) The Industry Advancement Fund (3) Any jointly administered body recognized to perform the functions of Apprenticeship and Journeyman prevailing wage compliance on public works. E. Employees shall be required to obtain new job referral semi-annually during the months of January and July from either District Council No. 36 or from any Local Union within the jurisdiction of District Council No. 36. F. Reasonable advance notice will be given by the Employers forwarded to the Union or its agent upon ordering such workers, prior to completion of the probationary period. Evaluation forms and template provided by the National JTAC. 5.7 The parties to this collective agreement agree that when an apprentice attends trades school it is not a break in the event that forty-eight (48) hours after such notice the Union or its agent employment with his employer. The apprentice shall not furnish such workers, the Employers may procure workers from any other source or sourcesmake arrangements with their employer 2 weeks before completion of trades’ school as to where they are to report for work. If workers are so employed, there is no work the Employer apprentice will report to the Union or its agents each such worker by name and social security account number at the time of hire. Workers employed under the provisions of this paragraph who fail to make application for and obtain a Certificate of Competence shall not be eligible for future employment until obtaining such a Certification of Competencehall. G. If workers are employed, the Employers shall within twenty-four (24) hours report to the Union or its agent such workers by name and Social Security Account Number.

Appears in 1 contract

Samples: Collective Agreement

Hiring Procedures. Both parties agree that prior to submitting a dispatch request to the hiring hall, the MOA shall recruit from employees represented by this agreement. Both parties further agree that prior to posting a vacancy to the public, the MOA will request a dispatch from the Union’s hiring hall according to D (below). A. The Union shall establish agrees to maintain a hiring hall and maintain an open to solicit qualified workers, both Union and non-discriminatory employment list union, in order to fill MOA requisitions for employment workers. The MOA agrees to use the services of workers of this particular trade, including journeymen or indentured apprentices previously employed by the employers in the multi-employer unit included in this Agreement hiring hall and non-member workers who make application for a place on the list. B. Whenever desiring to employ workers, the Employer shall will call upon the Union or its agent to furnish all qualified workers the MOA may require in the classifications covered by this Agreement, subject to the terms and conditions set forth in this Section 3.1. B. Selection of applicants for such workers as he/she may from time referral to time need and the Union or its agent shall immediately furnish the employer the required number of qualified and competent workers needed by the Employer, provided, however, the Employer shall have entire freedom of selectivity in hiring and may discharge any employees for cause (EXCLUDING STEWARDS) which he/she may deem sufficient, provided there jobs shall be no discrimination on the part a non-discriminatory basis and shall not be based on, or in any way affected by Union membership, bylaws, rules, regulations, constitutional provisions, or any other aspect or obligation of the Employer against any employee for any Union activity. No employee may be discharged for refusing to transport materialsmembership, tools policies or equipment in their personal vehicle. Nothing contained herein shall prohibit the employer from stipulating the special skills required for said jobrequirements. The Union recognizes agrees to not discriminate against non-union workers in referring workers to the right of the employer to make work assignments, to manage his or her operations, schedule his or her work and direct his or her work force, including the hiring, promoting, suspending, discharging for causeMOA, and laying off of employees, subject only the MOA agrees not to discriminate against Union workers in selecting job applicants referred by the limitations in the Agreement and all applicable lawsUnion. C. The Union or its agent will furnish MOA retains the Employers each such required competent workers entered on said list right to reject any job applicant referred by use of written referral, on a standard form with specific references to wages only as "per the Agreement". Said written referral shall be given to the employee when he/she is dispatched to an employer, excluding out of area employees, as described in Article 3, Section 4, Paragraph E, and said employee shall not be permitted to commence work until said written referral has been delivered to the employer or his/her agent. The employer shall be furnished such workers from the Union's open listing in the following manner: The specifically named workers who have been recently laid off or terminated by the Employer or by any other Employer within the Multi-Employer unit herein and whom the applicant Employer desires to re-employ provided they are available for employment. Workers who have been employed by Employers within the Multi-Employer unit during the previous ten (10) years. Workers whose names are entered on the list above referred to and who are available for employment. D. The employer or his/her xxxxxxx shall be responsible to see that In the work referral of any newly hired or rehired employee, or member renewing his/her work referral (each six (6) months) is in order, or will notify the District Council No. 36 Office or the Local Union in the area by telephone within twenty-four (24) hours of employment of any newly hired or rehired person. Failure to follow the procedure above will result in: First Violation – Written warning Liquidated Damages: Second Violation – Fifty ($50.00) Dollars Third Violation – One hundred ($100.00) Dollars Two hundred ($200.00) Dollars for each additional violation The assessed damages shall be paid to any one of the following as determined by the Union: (1) Joint Apprenticeship Training Trust (2) The Industry Advancement Fund (3) Any jointly administered body recognized to perform the functions of Apprenticeship and Journeyman prevailing wage compliance on public works. E. Employees shall be required to obtain new job referral semi-annually during the months of January and July from either District Council No. 36 or from any Local Union within the jurisdiction of District Council No. 36. F. Reasonable advance notice will be given by the Employers to event the Union or its agent upon ordering such workers, and in is unable to supply the event that MOA with qualified workers within forty-eight (48) hours after such notice (Friday, Saturday, Sunday and recognized holidays excluded) from when the Union or its agent shall not furnish such workerscall was received, the Employers MOA may procure recruit workers from any other source or sources. If workers are so employedIn this case, the Employer will report MOA may recruit and hire pursuant to the Union or its agents each such worker by name and social security account number at the time of hire. Workers employed under the provisions of this paragraph who fail to make application for the Municipal Personnel Rules (AMC 3.30). If the MOA hires outside of the hall, the MOA shall furnish the Union with the name(s) of any such workers hired, their classification, and obtain a Certificate date of Competence hire. E. The MOA may fill vacant positions by recall from layoff or by transfer, promotion, or demotion. F. The MOA may fill vacant positions with existing bargaining unit members through departmental or Municipal recruitment announcements. Current temporary employees shall not be eligible to apply for future employment until obtaining such a Certification of Competencedepartmental and municipal vacant positions. G. The Union and the MOA agree to disseminate to employees and applicants for employment, notice of these hiring arrangements. H. Any alleged violation of this Article may be the subject of a grievance under Article 7 of this Agreement. I. If workers are employedthe MOA hires from the hall, the Employers MOA shall within twenty-four (24) hours report to furnish the Union or its agent such workers by name with the name, classification, and Social Security Account Numberdate of hire for the selected individual no later than one week following the employee's hire date.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Hiring Procedures. A. The Employer agrees to engage employees through the services of the Union having jurisdiction and will not engage any person until a dispatch slip the Union is presented or clearance obtained from the union Office. The work dispatch slip shall establish contain the information: a) Current classification Confined space awareness Fall arrest The Employer shall have the right name hire any unemployed member in standing of the Local Union having jurisdiction, and maintain an open and non-discriminatory employment list for employment of workers of this particular trade, including journeymen or indentured apprentices previously employed will be provided with a dispatch slip by the employers in Union. The Employer shall have the multi-employer unit included in this Agreement right to determine the competency and non-member workers who make application for a place on the list. B. Whenever desiring to employ workersqualifications of such employees. If, upon request, the Employer shall call upon the Union or its agent for such workers as he/she may from time is unable to time need and the Union or its agent shall immediately furnish the employer supply the required number of qualified and competent workers needed by the Employer, provided, howeveremployees, the Employer may secure them from other sources, provided however, that such workmen procured from other available sources shall have entire freedom be required by the Ernployer to join the Union within days, if qualified and hired in with Section Employees must meet the educational qualifications of selectivity the respective local Joint Training and Apprenticeship Committee. The Employer shall not discriminate against any employee by reason of his age, membership in hiring and the Union or his participation in its lawful activities, but may discharge any employees employee for cause (EXCLUDING STEWARDS) which he/she may deem sufficient, provided there shall be no discrimination on just and sufficient cause. At the part discretion of the Employer against any employee for any Union activity. No employee may be discharged for refusing to transport materialsLocal Joint Training and Apprenticeship Committee, tools or equipment in their personal vehicle. Nothing contained herein shall prohibit where apprentices are unemployed, the employer from stipulating the special skills required for said job. The Union recognizes the right of the employer to make work assignments, to manage his or her operations, schedule his or her work and direct his or her work force, including the hiring, promoting, suspending, discharging for cause, and laying off of employees, subject only to the limitations in the Agreement and all applicable laws. C. The Union or its agent will furnish the Employers each such required competent workers entered on said list by use of written referral, on a standard form with specific references to wages only as "per the Agreement". Said written referral shall be given to the employee when he/she is dispatched to an employer, excluding out of area employees, as described in Article 3, Section 4, Paragraph E, and said employee shall not be permitted allowed to commence work until hire new apprentices. When a company lays off employees, said written referral has been delivered to company shall lay off its employees on the employer or his/her agent. The employer following basis: potential members travel card members local union members For the purpose of lay off, probationary apprentices shall be furnished such workers from the Union's open listing deemed to The patties to this collective that when an apprentice attends trades school it is not a break in the following manner: with his The specifically named workers who have been recently laid off or terminated by the Employer or by any other Employer within the Multi-Employer unit herein and whom the applicant Employer desires apprentice shall make with his weeks before completion of trades' school as where he is to re-employ provided they are available for employment. Workers who have been employed by Employers within the Multi-Employer unit during the previous ten (10) years. Workers whose names are entered on the list above referred to and who are available for employment. D. The employer or his/her xxxxxxx shall be responsible to see that the work referral of any newly hired or rehired employee, or member renewing his/her work referral (each six (6) months) is in order, or will notify the District Council No. 36 Office or the Local Union in the area by telephone within twenty-four (24) hours of employment of any newly hired or rehired person. Failure to follow the procedure above will result in: First Violation – Written warning Liquidated Damages: Second Violation – Fifty ($50.00) Dollars Third Violation – One hundred ($100.00) Dollars Two hundred ($200.00) Dollars for each additional violation The assessed damages shall be paid to any one of the following as determined by the Union: (1) Joint Apprenticeship Training Trust (2) The Industry Advancement Fund (3) Any jointly administered body recognized to perform the functions of Apprenticeship and Journeyman prevailing wage compliance on public works. E. Employees shall be required to obtain new job referral semi-annually during the months of January and July from either District Council No. 36 or from any Local Union within the jurisdiction of District Council No. 36. F. Reasonable advance notice will be given by the Employers to the Union or its agent upon ordering such workers, and in the event that forty-eight (48) hours after such notice the Union or its agent shall not furnish such workers, the Employers may procure workers from any other source or sourcesfar work. If workers are so employed, there is no work the Employer apprentice will report to the Union or its agents each such worker by name and social security account number at the time of hire. Workers employed under the provisions of this paragraph who fail to make application for and obtain a Certificate of Competence shall not be eligible for future employment until obtaining such a Certification of Competencehall. G. If workers are employed, the Employers shall within twenty-four (24) hours report to the Union or its agent such workers by name and Social Security Account Number.

Appears in 1 contract

Samples: Collective Agreement

Hiring Procedures. A. The Union shall establish and maintain an open and non-discriminatory employment list for employment of workers of this particular trade, including journeymen or indentured apprentices previously employed by the employers in the multi-employer unit included in this Agreement and non-member workers who make application for a place on the list. B. Whenever desiring to employ workers, the Employer shall call upon the Union or its agent for such workers as he/she may from time to time need and the Union or its agent shall immediately furnish the employer the required number of qualified and competent workers needed by the Employer, provided, however, the Employer shall have entire freedom of selectivity in hiring and may discharge any employees for cause (EXCLUDING STEWARDS) which he/she may deem sufficient, provided there shall be no discrimination on the part of the Employer against any employee for any Union activity. No employee may be discharged for refusing to transport materials, tools or equipment in their personal vehicle. Nothing contained herein shall prohibit the employer from stipulating the special skills required for said job. The Union recognizes the right of the employer to make work assignments, to manage his or her operations, schedule his or her work and direct his or her work force, including the hiring, promoting, suspending, discharging for cause, and laying off of employees, subject only to the limitations in the Agreement and all applicable laws. C. The Union or its agent will furnish the Employers each such required competent workers entered on said list by use of written referral, on a standard form with specific references to wages only as "per the Agreement". Said written referral shall be given to the employee when he/she is dispatched to an employer, excluding out of area employees, as described in Article 3, Section 4, Paragraph E, and said employee shall not be permitted to commence work until said written referral has been delivered to the employer or his/her agent. The employer shall be furnished such workers from the Union's open listing in the following manner: The specifically named workers who have been recently laid off or terminated by the Employer or by any other Employer within the Multi-Employer unit herein and whom the applicant Employer desires to re-employ provided they are available for employment. Workers who have been employed by Employers within the Multi-Employer unit during the previous ten (10) years. Workers whose names are entered on the list above referred to and who are available for employment. D. The employer or his/her xxxxxxx shall be responsible to see that the work referral of any newly hired or rehired employee, or member renewing his/her work referral (each six (6) months) is in order, or will notify the District Council No. 36 Office or the Local Union in the area by telephone within twenty-four (24) hours of employment of any newly hired or rehired person. Failure to follow the procedure above will result in: First Violation – Written warning Liquidated Damages: Second Violation – Fifty ($50.00) Dollars Third Violation – One hundred ($100.00) Dollars Two hundred ($200.00) Dollars for each additional violation The assessed damages shall be paid to any one of the following as determined by the Union: (1) Joint Apprenticeship Training Trust (2) The Industry Advancement Fund (3) Any jointly administered body recognized to perform the functions of Apprenticeship and Journeyman prevailing wage compliance on public works. E. Employees shall be required to obtain new job referral semi-annually during the months of January and July from either District Council No. 36 or from any Local Union within the jurisdiction of District Council No. 36. F. Reasonable advance notice will be given by the Employers to the Union or its agent upon ordering such workers, and in the event that forty-eight (48) hours after such notice the Union or its agent shall not furnish such workers, the Employers may procure workers from any other source or sources. If workers are so employed, the Employer will report to the Union or its agents each such worker by name and social security account number at the time of hire. Workers employed under the provisions of this paragraph who fail to make application for and obtain a Certificate of Competence shall not be eligible for future employment until obtaining such a Certification of Competence. G. If workers are employed, the Employers shall within twenty-four (24) hours report to the Union or its agent such workers by name and Social Security Account Number.

Appears in 1 contract

Samples: Master Labor Agreement

Hiring Procedures. A. 14.1 The Union shall establish Contractor and maintain an open subcontractors agree to comply with and non-discriminatory employment list exclusively use the appropriate signatory labor organization’s referral system except as modified for employment of workers of core employees outlined in this particular trade, including journeymen or indentured apprentices previously employed Article. All referral systems will be operated by the employers signatory labor organizations in the multi-employer unit included a nondiscriminatory manner, in this Agreement and non-member workers who make application for a place on the list. B. Whenever desiring to employ workersfull compliance with federal, the Employer shall call upon the Union or its agent for such workers as he/she may from time to time need and the Union or its agent shall immediately furnish the employer the required number of qualified and competent workers needed by the Employer, provided, however, the Employer shall have entire freedom of selectivity in hiring and may discharge any employees for cause (EXCLUDING STEWARDS) which he/she may deem sufficient, provided there shall be no discrimination on the part of the Employer against any employee for any Union activity. No employee may be discharged for refusing to transport materials, tools or equipment in their personal vehicle. Nothing contained herein shall prohibit the employer from stipulating the special skills required for said job. The Union recognizes the right of the employer to make work assignments, to manage his or her operations, schedule his or her work and direct his or her work force, including the hiring, promoting, suspending, discharging for causestate, and laying off of employees, subject only to the limitations in the Agreement and all applicable local laws. C. The Union or its agent will furnish the Employers each such required competent workers entered . Registration on said list by use of written referral, on a standard form with specific references to wages only as "per the Agreement". Said written referral shall be given to the employee when he/she is dispatched to an employer, excluding out of area employeeswork lists, as described in Article 3, Section 4, Paragraph E, and said employee or job referrals shall not be permitted affected positively or negatively by membership or non-membership in a labor organization and shall be open to commence work until said written referral has been delivered all those who meet the respective crafts requirements. 14.2 By Contractor or subcontractor request, the appropriate signatory labor organization shall, to the employer greatest extent possible, prioritize the dispatch of applicants who are residents of the communities surrounding Project Work Sites. At the request of the Contractor or his/her agentsubcontractor, the appropriate signatory labor organization also shall, to the greatest extent possible, prioritize the dispatch of applicants falling within the focus categories set forth in the Preamble. 14.3 The Contractor may reject any applicant referred by a signatory labor organization for any lawful, nondiscriminatory reason, in accordance with the applicable labor organization’s hiring hall rules and regulations. The employer A written explanation shall be furnished such workers from provided to the Union's open listing in the following manner: The specifically named workers who have been recently laid off or terminated by the Employer or by any other Employer affected labor organization within the Multiforty-Employer unit herein and whom the applicant Employer desires to re-employ provided they are available for employment. Workers who have been employed by Employers within the Multi-Employer unit during the previous ten eight (10) years. Workers whose names are entered on the list above referred to and who are available for employment. D. The employer or his/her xxxxxxx shall be responsible to see that the work referral of any newly hired or rehired employee, or member renewing his/her work referral (each six (6) months) is in order, or will notify the District Council No. 36 Office or the Local Union in the area by telephone within twenty-four (2448) hours of employment of any newly hired or rehired person. Failure to follow the procedure above will result in: First Violation – Written warning Liquidated Damages: Second Violation – Fifty ($50.00) Dollars Third Violation – One hundred ($100.00) Dollars Two hundred ($200.00) Dollars for each additional violation The assessed damages shall be paid to any one of the following as determined by the Union: (1) Joint Apprenticeship Training Trust (2) The Industry Advancement Fund (3) Any jointly administered body recognized to perform the functions of Apprenticeship and Journeyman prevailing wage compliance on public worksrejection. E. Employees shall be required to obtain new job referral semi-annually during the months of January and July from either District Council No. 36 or from any Local Union within the jurisdiction of District Council No. 36. F. Reasonable advance notice will be given by the Employers to the Union or its agent upon ordering such workers, and in 14.4 In the event that any signatory labor organizations is unable to fill a request for referrals within forty-eight (48) hours after such notice the Union request is made by the Contractor or its agent shall not furnish such workersa subcontractor (with the exception of Saturdays, Sundays, and holidays), the Employers Contractor or subcontractor may procure workers employ applicants from any other source available source. The Contractor or subcontractor shall provide the appropriate labor organization with the name, address and phone number, or other viable contact information, in writing, for every applicant hired from other sources, and shall refer such applicants to the appropriate labor organization for dispatch to the Project. If workers are so employedAll successful applicants, whether referred by a signatory labor organization, or by another source, shall satisfy their obligations under Article 10. 14.5 To ensure that the Contractor and all subcontractors have an opportunity to employ their core ("Core") employees on the Project, the Employer will report Parties agree that in those situations where the successful Contractor or subcontractor is not a party to a current collective bargaining agreement with the Union affected signatory labor organization, the Contractor, or its agents each such worker subcontractor, may request by name and social security account number at Core employees in accordance with the affected signatory labor organization's hiring hall rules. At the time of hiresigning the letter of assent a list of all Core employees and classifications must be submitted (Attachment 2). Workers employed under All subsequent referrals will be made by the provisions labor organization’s hiring hall. 14.6 In order to be eligible to request a Core employee by name, the Contractor first must, at the request of this paragraph the appropriate signatory labor organization, demonstrate that the person possesses the following qualifications. Applicants, who fail to make application for and obtain a Certificate of Competence shall cannot satisfy the following qualifications, will not be eligible for future employment until obtaining such dispatch as Core employees: a. Holds all licenses required by state or federal law for the Covered Work to be performed; b. Has worked a Certification total of Competenceat least one thousand (1,000) hours in the construction craft performing the Covered Work to be performed, during the prior three (3) years; c. Has the ability to safely perform the essential functions of the job. G. If workers are employed, 14.7 Complaints that the Employers Core employee provisions of this Article have been violated shall within twenty-four (24) hours report be submitted in writing to the Union CWA Administrator and resolved by the PAC on an expedited basis. Any Contractor or subcontractors that willfully attempts, or is found to have willfully circumvented the Core employee hiring provisions of this Article by misclassifying any of its agent such workers employees as supervisors or foremen, or in any other way, shall, by name and Social Security Account NumberOrder of the PAC, forfeit their right to employ Core employees for the remaining duration of the Project.

Appears in 1 contract

Samples: Community Workforce Agreement

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