Common use of Hiring Clause in Contracts

Hiring. A. In the event that there is a necessity for the Employer to hire employees to fill any vacancies, the Employer agrees that such vacan­ cies or jobs shall be filled in the following manner: 1. Laid-off employees shall be reinstated as provided herein in Ar­ ticle Thirteen. 2. If the Employer has exhausted laid-off employees and there are vacancies or jobs still to be filled, the Employer shall advise the Union Hiring Hall thereof and the Hiring Hall shall be given five (5) working days within which to provide an employee qualified to perform the work required by the job in question. 3. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employee. 4. Employees on a laid-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Article. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain the right to reject without discrimination any job applicant referred by the Union Employment Office. The parties hereto agree that each of them will post notices of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishments.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Hiring. A. In 7.01 The Employer agrees to engage Employees through the event services of the Union dispatch facilities in accordance with the following procedures: (a) For COMMERCIAL/INSTITUTIONAL work only the Employer has the freedom to select from the list of available unemployed members or transfer Employees from other work being performed for the same Employer, within the area jurisdiction of the Union(s). For work in Local 496 jurisdiction only, three out of every four workers hired may be name hired by the contractor off of the Union’s out of work list. Contractors will advise the union of the names of those workers on the out of work list that they will not accept as employees. (b) On INDUSTRIAL work, where a project requires twenty-five (25) or less Employees, the Employer may transfer or name hire any combination of fourteen (14) Employees to the job site, however, no more than six (6) Employees may be name hired. (c) On INDUSTRIAL work, where a project requires twenty-five (25) or more Employees, the Employer may utilize the option in (b) above and in addition may name hire or transfer one (1) additional Employee for every five (5) list hires (d) When applicable, contractors may transfer between the Fabrication Shop and the Modular Yard as per Clause 7.01 except that Employees transferred to the Modular Yard from the Fabrication Shop must remain employed in the Modular Yard for a minimum of thirty (30) calendar days before they can be transferred to a field project within the appropriate jurisdiction. (e) Not withstanding 7.01 (b), (c) and (d), Employees may be transferred or name hired to be employed as Foremen or General Xxxxxxx subject to the following: (i) he/she must be in compliance with Clause 25.02 (a); and, (ii) for the purposes of this Clause, Employees transferred or name hired as Foremen or General Xxxxxxx shall be Industrial Construction Crew Supervisor (ICCS) certified effective May 1, 2017. (iii) he/she will at no time be paid less than the Xxxxxxx’x rate for which they qualify under Clause 25.02 (b) for a minimum of four (4) months from date of hire or transfer or until laid off if less than four (4) months. (f) On hiring, there shall be no distinction between Alberta and UA classified Journeymen Steam Fitters/Pipe Fitters except as allowed for in Clause 25.02 (a). (g) Where there is a necessity demonstrable need for special skills, talents, or where job conditions warrant, on particular job site(s) then by mutual agreement between the Business Manager of the Union and the Employer, the Employer shall be entitled to additional name hires or transfers. 7.02 Where transfers are permitted above, such transfers shall be working within the area jurisdiction of the Union and there shall be no interruption of the Employees’ earnings while being transferred. This clause does not apply to Employees who are on regularly scheduled holidays or absent from work for compassionate reasons, and who are to report to a different job site upon their return. 7.03 Under no circumstances shall any Employer transfer Employees from one company to another company, without terminating the Employees and complying with the hiring procedures as set out above. 7.04 Except as provided for in Clause 7.08, the Employer agrees not to engage any person until clearance is given by the Union office or a dispatch slip from the Union office is presented. (a) In the hiring of Apprentices, the Employer shall give consideration to those duly indentured apprentices that are registered as unemployed at the Union office. The Employer will maintain a minimum ratio of 20% of the number of Journeymen employed on all projects that have more than 14 journeymen employed by that Employer. On projects smaller than this, the Employer will make best efforts to maintain a similar ratio of apprentices to journeymen. It is understood that operational considerations or specialized projects may make the maintenance of these ratios difficult. In these cases the special requirements of the project and the overall number of apprentices employed by the Employer will be taken into consideration (b) The Employer agrees to engage only new or probationary apprentices, who have fulfilled the entrance requirements of the Joint Educational Trust Fund Trustees. (c) All apprentices as a condition of progression shall be required to attend such courses as directed by the Joint Educational Trust Fund Trustees in consultation with the Employer affected. (d) The Joint Educational Trust Fund Trustees shall be the sole body authorized to set conditions and standards of certification of the Steam Fitter-Pipe Fitter UA designation and to determine individual certifications of the Steam Fitter-Pipe Fitter UA designation. (e) The parties recognize that it is in their mutual best interest to include significant involvement of women, aboriginal people, veterans, visible minorities and RAP students in the workforce. To that end, the Trade Division and the Union will jointly undertake recruitment initiatives aimed at increasing the number of these people as new apprentices who will join the union. (f) The Parties agree to cooperate to facilitate broad and liberal leaves for operations and training military leave for workers who serve as members of the Canadian Forces Reserves, in accordance with provincial and federal law and the ‘Declaration of Support for the Reserve Force’ signed by the Canadian Office of the Building and Construction Trades Department and the National Construction Labour Relations Alliance, dated May 12th, 2010. 7.06 The Employer and the Union agree that there will be no discrimination against any Employee for reasons as stipulated under Alberta legislation. 7.07 The Union agrees to furnish competent workers embracing the UA Standard for Excellence to the Employer on request, provided however, that the Employer shall have the right to determine the competency and qualifications of such persons and shall have the right to reject any person or to discharge any Employee for just cause. The Employer shall not discriminate against any Employee by reason of their membership in the Union or their participation in its lawful activities. The reason/cause of the rejection/termination of the Employee will be relayed in writing to the Union. 7.08 Where the Employer has requested the Union office to furnish workers to perform work within the scope of this Agreement, and the required number of workers are not furnished within two (2) working days, after the date for which the workers are requested, the Employer shall have the right to procure the required number of workers from other available sources, provided, however, that such workers procured from other available sources shall be required by the Employer to hire employees make application to fill any vacanciesjoin the Union, if acceptable, not later than thirty (30) calendar days after hiring, and obtain a dispatch slip from the Union office or the Employer shall notify and obtain clearance from the Union office before engaging such persons. In such circumstances, clearance by the Union will not be withheld. 7.09 Provided the Union can supply the Employer with qualified tradesmen, who are members of the appropriate Union, the Employer agrees that such vacan­ cies or jobs at any time on the request of the Union representative giving forty-eight (48) hours notice, any other persons working at the trade shall be filled in laid off. However, where certain skills may be required on site, the following manner:parties may, by mutual consent, waive this requirement. Prospective members awaiting initiation, who have met the requirements for initiation into membership are considered to be members for the purpose of this agreement. 17.10 In reducing the number of Employees required, members of the appropriate Union(s) shall be the last to be laid off, depending on which jurisdictional area the Employer’s project is located in. LaidWorkers on the project may be offered the opportunity to exercise the option to accept a voluntary lay-off employees shall be reinstated as provided herein in Ar­ ticle Thirteen.when there REDUCTION IN CREWS 2. If 7.11 Members of the Union dispatched from the Union office reporting for work at the time and place specified by the Employer has exhausted laid-off employees and there who are vacancies or jobs still to be filled, not engaged by the Employer shall advise the Union Hiring Hall thereof receive a minimum of two (2) hours locally or four (4) hours beyond 300 km reporting pay, plus travel allowance and the Hiring Hall shall be given five (5) working days within which to provide an employee qualified to perform the work required by the job in questionexpense, if applicable. 3. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employee. 4. Employees on a laid-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Article. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain the right to reject without discrimination any job applicant referred by the Union Employment Office. The parties hereto agree that each of them will post notices of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishments.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Hiring. A. In 7.01 The Employer agrees to engage Employees through the event that services of the Union dispatch facilities in accordance with the following procedures: (a) For COMMERCIAL/INSTITUTIONAL work only the Employer has the freedom to select from the list of available unemployed members or transfer Employees from other work being performed for the same Employer, within the area jurisdiction of the Union(s). (b) On INDUSTRIAL work, where a project requires twenty-five (25) or less Employees, the Employer may transfer or name hire any combination of fourteen (14) Employees to the job site, however, no more than six (6) Employees may be name hired. (c) On INDUSTRIAL work, where a project requires twenty-five (25) or more Employees, the Employer may utilize the option in (b) above and in addition may name hire or transfer three (3) additional Employees for each additional twenty-five (25) Employees hired. (d) Where there is a necessity demonstrable need for special skills, talents, or where job conditions warrant, on particular job site(s) then by mutual agreement between the Business Manager of the Union and the Employer, the Employer shall be entitled to additional name hires or transfers. 7.02 Where transfers are permitted above, such transfers shall be working within the area jurisdiction of the Union and there shall be no interruption of the Employees' earnings while being transferred. This clause does not apply to Employees who are on regularly scheduled holidays or absent from work for compassionate reasons, and who are to report to a different job site upon their return. 7.03 Under no circumstances shall any Employer transfer Employees from one company to another company, without terminating the Employees and complying with the hiring procedures as set out above. 7.04 Except as provided for in Clause 7.08, the Employer agrees not to engage any person until clearance is given by the Union office or a dispatch slip from the Union office is presented. (a) In the hiring of Apprentices, the Employer shall give consideration to those duly indentured apprentices that are registered as unemployed at the Union office. (b) The Employer agrees to engage only new or probationary apprentices, who have fulfilled the entrance requirements of the Joint Educational Trust Fund Trustees. (c) All apprentices as a condition of progression shall be required to attend such courses as directed by the Joint Educational Trust Fund Trustees in consultation with the Employer affected. 7.06 The Employer and the Union agree that there will be no discrimination against any Employee for reasons of age, sex, race, colour or creed. 7.07 The Union agrees to furnish competent workmen to the Employer on request, provided however, that the Employer shall have the right to determine the competency and qualifications of such persons and shall have the right to reject any person or to discharge any Employee for just cause. The Employer shall not discriminate against any Employee by reason of their membership in the Union or their participation in its lawful activities. 7.08 Where the Employer has requested the Union office to furnish workmen to perform work within the scope of this Agreement, and the required number of workmen are not furnished within two (2) working days, after the date for which the workmen are requested, the Employer shall have the right to procure the required number of workmen from other available sources, provided, however, that such workmen procured from other available sources shall be required by the Employer to hire employees to fill any vacanciesjoin the Union, if acceptable, not later than thirty (30) days after hiring, and obtain a dispatch slip from the Union office or the Employer shall notify and obtain clearance from the Union office before engaging such persons. In such circumstances, clearance by the Union will not be withheld. 7.09 Provided the Union can supply the Employer with qualified tradesmen, who are members of the appropriate Union, the Employer agrees that such vacan­ cies or jobs at any time on the request of the Union representative giving forty-eight (48) hours notice, any other persons working at the trade shall be filled in laid off. However, where certain skills may be required on site, the following manner:parties may, by mutual consent, waive this requirement. Prospective members awaiting initiation, who have met the requirements for initiation into membership are considered to be members for the purpose of this agreement. 1. Laid-off employees 7.10 In reducing the number of Employees required, members of the appropriate Union(s) shall be reinstated as provided herein in Ar­ ticle Thirteen. 2. If the Employer has exhausted laid-off employees and there are vacancies or jobs still last to be filledlaid off, the Employer shall advise the Union Hiring Hall thereof and the Hiring Hall shall be given five (5) working days within depending on which to provide an employee qualified to perform the work required by the job in question. 3. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of jurisdictional area the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer 's project is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employeelocated in. 4. Employees on a laid-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Article. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain the right to reject without discrimination any job applicant referred by the Union Employment Office. The parties hereto agree that each of them will post notices of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishments.

Appears in 2 contracts

Samples: Mechanical Collective Agreement, Collective Agreement

Hiring. A. In 7.01 The Employer agrees to engage Employees through the event that there is a necessity services of the Union dispatch facilities in accordance with the following procedures: (a) For COMMERCIAL/INSTITUTIONAL work only the Employer has the freedom to select from the list of available unemployed members or transfer Employees from other work being performed for the Employer to hire employees to fill any vacanciessame Employer, within the area jurisdiction of the Union(s). For work in Local 496 jurisdiction only, three out of every four workers hired may be name hired by the contractor off of the Union’s out of work list. Contractors will advise the union of the names of those workers on the out of work list that they will not accept as employees. (b) On INDUSTRIAL work, where a project requires twenty-five (25) or less Employees, the Employer agrees that such vacan­ cies may transfer or jobs shall name hire any combination of fourteen (14) Employees to the job site, however, no more than six (6) Employees may be filled in the following manner: 1. Laid-off employees shall be reinstated as provided herein in Ar­ ticle Thirteenname hired. 2. If the Employer has exhausted laid(c) On INDUSTRIAL work, where a project requires twenty-off employees and there are vacancies five (25) or jobs still to be filledmore Employees, the Employer shall advise may utilize the Union Hiring Hall thereof option in (b) above and the Hiring Hall shall be given in addition may name hire or transfer one (1) additional Employee for every five (5) working days within which list hires (d) When applicable, contractors may transfer between the Fabrication Shop and the Modular Yard as per Clause 7.01 except that Employees transferred to provide an employee qualified the Modular Yard from the Fabrication Shop must remain employed in the Modular Yard for a minimum of thirty (30) calendar (e) Not withstanding 7.01 (b), (c) and (d), Employees may be transferred, or name hired to perform be employed as Foremen or General Foremen subject to the work required by following: (i) he/she must be in compliance with Clause 25.02 (a); and, (ii) for the job in questionpurposes of this Clause, Employees transferred, or name hired as Foremen or General Foremen shall be Industrial Construction Crew Supervisor (ICCS) certified effective May 1, 2017. 3. Should (iii) he/she will at no time be paid less than the Hiring Hall be unable during the five Xxxxxxx’x rate for which they qualify under Clause 25.02 (5b) working days to furnish an employee qualified to perform the job in the discre­ tion for a minimum of the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employee. 4. Employees on a laid-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Article. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain the right to reject without discrimination any job applicant referred by the Union Employment Office. The parties hereto agree that each of them will post notices of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishments.four

Appears in 1 contract

Samples: Collective Agreement

Hiring. A. In 7.01 The Employer agrees to engage Employees through the event that services of the Union dispatch facilities in accordance with the following procedures: (a) For COMMERCIAL/INSTITUTIONAL work only the Employer has the freedom to select from the list of available unemployed members or transfer Employees from other work being performed for the same Employer, within the area jurisdiction of the Union(s). (b) On INDUSTRIAL work, where a project requires twenty-five (25) or less Employees, the Employer may transfer or name hire any combination of fourteen (14) Employees to the job site, however, no more than six (6) Employees may be name hired. (c) On INDUSTRIAL work, where a project requires twenty-five (25) or more Employees, the Employer may utilize the option in (b) above and in addition may name hire or transfer three (3) additional Employees for each additional twenty-five (25) Employees hired. (d) Where there is a necessity demonstrable need for special skills, talents, or where job conditions warrant, on particular job site(s) then by mutual agreement between the Business Manager of the Union and the Employer, the Employer shall be entitled to hire employees additional name hires or transfers. 7.02 Where transfers are permitted above, such transfers shall be working within the area jurisdiction of the Union and there shall be no interruption of the Employees' earnings while being transferred. This clause does not apply to fill Employees who are on regularly scheduled holidays or absent from work for compassionate reasons, and who are to report to a different job site upon their return. 7.03 Under no circumstances shall any vacanciesEmployer transfer Employees from one company to another company, without terminating the Employees and complying with the hiring procedures as set out above. 7.04 Except as provided for in Clause 7.08, the Employer agrees not to engage any person until clearance is given by the Union office or a dispatch slip from the Union office is presented. (a) In the hiring of Apprentices, the Employer shall give consideration to those duly indentured apprentices that are registered as unemployed at the Union office. (b) The Employer agrees to engage only new or probationary apprentices, who have fulfilled the entrance requirements of the Joint Educational Trust Fund Trustees. (c) All apprentices as a condition of progression shall be required to attend such courses as directed by the Joint Educational Trust Fund Trustees in consultation with the Employer affected. (d) The parties recognize that it is in their mutual best interest to include significant involvement of women, aboriginal people, visible minorities and RAP students in the workforce. To that end, the Trade Division and the Union will jointly undertake recruitment initiatives aimed at increasing the number of these people as new apprentices who will join the union. 7.06 The Employer and the Union agree that there will be no discrimination against any Employee for reasons of age, sex, race, colour or creed. 7.07 The Union agrees to furnish competent workmen to the Employer on request, provided however, that the Employer shall have the right to determine the competency and qualifications of such persons and shall have the right to reject any person or to discharge any Employee for just cause. The Employer shall not discriminate against any Employee by reason of their membership in the Union or their participation in its lawful activities 7.08 Where the Employer has requested the Union office to furnish workmen to perform work within the scope of this Agreement, and the required number of 7.09 Provided the Union can supply the Employer with qualified tradesmen, who are members of the appropriate Union, the Employer agrees that such vacan­ cies or jobs at any time on the request of the Union representative giving forty-eight (48) hours notice, any other persons working at the trade shall be filled in laid off. However, where certain skills may be required on site, the following manner:parties may, by mutual consent, waive this requirement. Prospective members awaiting initiation, who have met the requirements for initiation into membership are considered to be members for the purpose of this agreement. 1. Laid-off employees 7.10 In reducing the number of Employees required, members of the appropriate Union(s) shall be reinstated as provided herein in Ar­ ticle Thirteen. 2. If the Employer has exhausted laid-off employees and there are vacancies or jobs still last to be filledlaid off, the Employer shall advise the Union Hiring Hall thereof and the Hiring Hall shall be given five (5) working days within depending on which to provide an employee qualified to perform the work required by the job in question. 3. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of jurisdictional area the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer 's project is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employeelocated in. 4. Employees on a laid-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Article. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain the right to reject without discrimination any job applicant referred by the Union Employment Office. The parties hereto agree that each of them will post notices of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishments.

Appears in 1 contract

Samples: Collective Agreement

Hiring. A. In 7.01 The Employer agrees to engage Employees through the event that services of the Union dispatch facilities in accordance with the following procedures: (a) For COMMERCIAL/INSTITUTIONAL work only the Employer has the freedom to select from the list of available unemployed members or transfer Employees from other work being performed for the same Employer, within the area jurisdiction of the Union(s). (b) On INDUSTRIAL work, where a project requires twenty-five (25) or less Employees, the Employer may transfer or name hire any combination of fourteen (14) Employees to the job site, however, no more than six (6) Employees may be name hired. (c) On INDUSTRIAL work, where a project requires twenty-five (b) above and in addition may name hire or transfer three (3) additional Employees for each additional twenty-five (25) Employees hired. (d) Where there is a necessity demonstrable need for special skills, talents, or where job conditions warrant, on particular job site(s) then by mutual agreement between the Business Manager of the Union and the Employer, the Employer shall be entitled to additional name hires or transfers. 7.02 Where transfers are permitted above, such transfers shall be working within the area jurisdiction of the Union and there shall be no interruption of the Employees' earnings while being transferred. This clause does not apply to Employees who are on regularly scheduled holidays or absent from work for compassionate reasons, and who are to report to a different job site upon their return. 7.03 Under no circumstances shall any Employer transfer Employees from one company to another company, without terminating the Employees and complying with the hiring procedures as set out above. 7.04 Except as provided for in Clause 7.08, the Employer agrees not to engage any person until clearance is given by the Union office or a dispatch slip from the Union office is presented. (a) In the hiring of Apprentices, the Employer shall give consideration to those duly indentured apprentices that are registered as unemployed at the Union office. (b) The Employer agrees to engage only new or probationary apprentices, who have fulfilled the entrance requirements of the Joint Educational Trust Fund Trustees. (c) All apprentices as a condition of progression shall be required to attend such courses as directed by the Joint Educational Trust Fund Trustees in consultation with the Employer affected. (d) The parties recognize that it is in their mutual best interest to include significant involvement of women, aboriginal people, visible minorities and RAP students in the workforce. To that end, the Trade Division and the Union will jointly undertake recruitment initiatives aimed at increasing the number of these people as new apprentices who will join the union. 7.06 The Employer and the Union agree that there will be no discrimination against any Employee for reasons of age, sex, race, colour or creed. 7.07 The Union agrees to furnish competent workmen to the Employer on request, provided however, that the Employer shall have the right to determine the competency and qualifications of such persons and shall have the right to reject any person or to discharge any Employee for just cause. The Employer shall not discriminate against any Employee by reason of their membership in the Union or their participation in its lawful activities 7.08 Where the Employer has requested the Union office to furnish workmen to perform work within the scope of this Agreement, and the required number of workmen are not furnished within two (2) working days, after the date for which the workmen are requested, the Employer shall have the right to procure the required number of workmen from other available sources, provided, however, that such workmen procured from other available sources shall be required by the Employer to hire employees to fill any vacanciesjoin the Union, if acceptable, not later than thirty (30) days after hiring, and obtain a dispatch slip from the Union office or the Employer shall notify and obtain clearance from the Union office before engaging such persons. In such circumstances, clearance by the Union will not be withheld. 7.09 Provided the Union can supply the Employer with qualified tradesmen, who are members of the appropriate Union, the Employer agrees that such vacan­ cies or jobs shall be filled in at any time on the following manner: 1. Laid-off employees shall be reinstated as provided herein in Ar­ ticle Thirteen. 2. If the Employer has exhausted laid-off employees and there are vacancies or jobs still to be filled, the Employer shall advise request of the Union Hiring Hall thereof and the Hiring Hall shall be given five (5) working days within which to provide an employee qualified to perform the work required by the job in question. 3. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employee. 4. Employees on a laidrepresentative giving forty-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Article. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain the right to reject without discrimination any job applicant referred by the Union Employment Office. The parties hereto agree that each of them will post notices of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishments.eight

Appears in 1 contract

Samples: Collective Agreement

Hiring. A. In (a) The Employer has the event that there is a necessity for right to 100% call by name. All employees called by name may be contacted and scheduled by the Employer to hire and shall be included in the Union dispatch under paragraph (c) below. The Employer shall notify the Union of the work schedule for such employees to fill any vacancieson a daily or applicable regular basis. Any show-site that requires more than six (6) employees, the sixth (6th) employee may be selected by the Union for dispatch as Xxxxxxx. If a trained Xxxxxxx is not available the 6th selection reverts to a call by name to the Employer. Any additional employees shall be dispatched to the Employer agrees that such vacan­ cies from the non- discriminatory list maintained by the Union. All employees on a call may be required to accept and complete any job assignment or jobs change in job assignment as determined by the Employer (exclusive of Addendum “B”). (b) The Employer’s remaining labor call shall be filled in the following manner: 1. Laid-off employees shall be reinstated as provided herein in Ar­ ticle Thirteen. 2. If the Employer has exhausted laid-off employees and there are vacancies or jobs still to be filled, the Employer shall advise the Union Hiring Hall thereof and the Hiring Hall shall be given five (5) working days within which to provide an employee qualified to perform the work required by the job in question. 3. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employee. 4. Employees on a laid-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Article. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in list maintained by the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer may request their preference to Union dispatch on how their remaining call shall retain be filled provided that it is in a non-discriminatory fashion. A request may include a one-to-one ratio of QJM or JM to a lower level worker or the right to reject without discrimination any employer may request that QJMs be given first preference for job applicant referred by calls. (c) When the Employer notifies the union of a call (or amends the call) ten (10) or more days in advance, the Union Employment Officemust notify the Employer of its ability or inability to fill the call seven (7) days in advance. The parties hereto agree that each Similarly, when the Employer notifies the union of them will post notices a call (or amends the call) seventy-two (72) hours or more in advance, the Union must notify the Employer of its ability or inability to fill the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishments.call, forty-eight

Appears in 1 contract

Samples: Trade Show Agreement

Hiring. A. In The Employer and Union agree that for any contract, workers shall be hired and clearances issued in accordance with the following. 15.01 If the Employer is only requesting Employees from a single trade (a) The Employer shall have the right if requiring more than six (6) employees, to hire as follows: i) name hire' all supervisors, inclusive of non-working forepersons, ii) name hire' any four (4) employees, iii) hire employees in the following order, one at a time for each of (1) through (3) below, repeating as necessary 1) an employee dispatched from the Union, 2) an employee name requested from the Union, and 3) a 'name hire' of any employee, (b) The Employer shall have the right, if requiring six (6) or less employees, to hire as follows: i) name hire' all supervisors, inclusive of non-working forepersons, ii) name hire' any two (2) employees, iii) an employee dispatched from the Union, iv) an employee name requested from the Union, v) a 'name hire' of any employee, vi) an employee dispatched from the Union, vii) in the event that there is the crew expands beyond six (6) employees, to transition to the agreed ratio, the seventh (7th) and eighth (8th) persons hired shall be a necessity for 'name hire' of any employee. Any hires of the ninth (9th and subsequent positions shall be in accordance with 15.01(a)(iii). 15.02 If the Employer is requesting Employees from multiple trades (a) The Employer shall have the right if requiring more than six (6) employees, to hire as follows per each Union: i) name hire' all supervisors, inclusive of non-working forepersons, ii) name hire' any three (3) employees, iii) hire employees to fill any vacancies, the Employer agrees that such vacan­ cies or jobs shall be filled in the following mannerorder, one at a time for each of (1) through (3) below, repeating as necessary: 1. Laid) an employee dispatched from the Union, 2) an employee name requested from the Union, and 3) a 'name hire' of any employee, (b) The Employer shall have the right, if requiring six (6) or less employees, to hire as follows per each Union: i) name hire' all supervisors, inclusive of non-off employees working forepersons, ii) name hire' any two (2) employees, iii) an employee dispatched from the Union, iv) an employee name requested from the Union, v) a 'name hire' of any employee, vi) an employee dispatched from the Union, vii) in the event that the crew expands beyond six (6) employees, to transition to the agreed ratio, the seventh (7th) shall be reinstated as provided herein a 'name hire' of any employee, the eighth {8th) shall be a ‘name hire’ off the union list, and the ninth (9th) shall be a 'name hire' of any employee. Any hires of the tenth (10th) and subsequent positions shall be in Ar­ ticle Thirteenaccordance with 15.02(a)(iii). 2. If 15.03 Notwithstanding Article 15, any Employee laid off within the Employer has exhausted laidlast year may be rehired, and the Union shall clear such Employees. 15.04 On prime or sub-off employees and there are vacancies or jobs still contracts awarded to be filledlocal companies with a labour component of up to thirty-five thousand dollars ($35,000), the Employer shall advise have the right to 'name hire' all employees provided those requested meet the criteria of being Local Residents. The purpose of this provision is to allow local companies to do small assignments with their regular crew. 15.05 Contract work awarded to Contractors shall not be "split" into sub-contracts with the intent to circumvent this Article. 15.06 The above 'name hires' must be residents of Canada for a period of six (6) months. These 'name hires' may or may not be members of the Union. To qualify for a 'name hire' under this clause, the individual must have been employed by the Employer for at least six (6) months in the last two (2) years and must have the experience, training and required qualifications where applicable. Additional qualified regular employees may be name requested where there is mutual agreement between the Parties. The Employer shall notify the Union Hiring Hall thereof of these hires and the Hiring Hall Union shall provide clearances. 15.07 Any workers hired pursuant to this Article 15 shall follow the principles of priority hiring for Indigenous people and Equity Groups. 15.08 If the Union is unable to supply the workers required within forty-eight (48) hours or such other time as may be given five (5) working days within which to provide an employee qualified to perform the work required agreed by the job in question. 3. Should Employer and Union from the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion date requested, exclusive of the EmployerSaturdays, Sundays and holidays, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employee. 4other sources. Employees on a laid-off status in the drug store industry in which the Employer is engaged so hired shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant required to the provisions of this Article. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-secure membership in the appropriate Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, Such application for membership shall be re­ quired as made within thirty (30) calendar days of hire. 15.09 Where a prerequisite ‘name hire’ Employee or an Employee hired in accordance with 15.08 is not a member of the appropriate Union they shall be required to report to secure membership in the Hiring Hall in order to obtain a work permit therefromappropriate Union. Such application for membership shall be made within thirty (30) calendar days of hire. 15.10 The Employer shall retain Unions recognize the Employer’s right to reject without discrimination any job applicant referred by evaluate all persons to determine their level of competency, qualifications and physical fitness to perform the Union Employment Office. The parties hereto agree that each of them will post notices of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishmentsrequired work.

Appears in 1 contract

Samples: Special Project Needs Agreement

Hiring. A. In 7.01 The Employer agrees to engage Employees through the event that services of the Union dispatch facilities in accordance with the following procedures: (a) For COMMERCIAL/INSTITUTIONAL work only the Employer has the freedom to select from the list of available unemployed members or transfer Employees from other work being performed for the same Employer, within the area jurisdiction of the Union(s). (b) On INDUSTRIAL work, where a project requires twenty-five (25) or less Employees, the Employer may transfer or name hire any combination of fourteen (14) Employees to the job site, however, no more than six (6) employees may be name hired. (c) On INDUSTRIAL work, where a project requires twenty-five (25) or more Employees, the Employer may utilize the option in (b) above and in addition may name hire or transfer three (3) additional employees for each additional twenty-five (25) Employees hired. (d) Where there is a necessity demonstrable need for special skills, talents, or where job conditions warrant, on particular job site(s) then by mutual agreement between the Business Manager of the Union and the Employer, the Employer shall be entitled to additional name hires or transfers. 7.02 Where transfers are permitted above, such transfers shall be working within the area jurisdiction of the union and there shall be no interruption of the Employees' earnings while being transferred. This clause does not apply to employees who are on regularly scheduled holidays or absent from work for compassionate reasons, and who are to report to a different job site upon their return. 7.03 Under no circumstances shall any Employer transfer Employees from one company to another company, without terminating the Employees and complying with the hiring procedures as set out above. 7.04 Except as provided for in Clause 7.08, the Employer agrees not to engage any person until clearance is given by the Union office or a dispatch slip from the Union office is presented. (a) In the hiring of Apprentices, the Employer shall give consideration to those duly indentured apprentices that are registered as unemployed at the Union office. (b) The Employer agrees to engage only new or probationary apprentices, who have fulfilled the entrance requirements of the Joint Educational Trust Fund Trustees. (c) All apprentices as a condition of progression shall be required to attend such courses as directed by the Joint Educational Trust Fund Trustees in consultation with the Employer affected. 7.06 The Employer and the Union agree that there will be no discrimination against any Employee for reasons of age, sex, race, colour or creed. 7.07 The Union agrees to furnish competent workmen to the Employer on request, provided however, that the Employer shall have the right to determine the competency and qualifications of such persons and shall have the right to reject any person or to discharge any Employee for just cause. The Employer shall not discriminate against any Employee by reason of their membership in the Union or their participation in its lawful activities. 7.08 Where the Employer has requested the Union office to furnish workmen to perform work within the scope of this Agreement, and the required number of workmen are not furnished within two (2) working days, after the date for which the workmen are requested, the Employer shall have the right to procure the required number of workmen from other available sources, provided, however, that such workmen procured from other available sources shall be required by the Employer to hire employees to fill any vacanciesjoin the Union, if acceptable, not later than thirty (30) days after hiring, and obtain a dispatch slip from the Union office or the Employer shall notify and obtain clearance from the Union office before engaging such persons. In such circumstances, clearance by the Union will not be withheld. 7.09 Provided the Union can supply the Employer with qualified tradesmen, who are members of the appropriate Union, the Employer agrees that such vacan­ cies or jobs at any time on the request of the Union representative giving forty-eight (48) hours notice, any other 7.10 In reducing the number of Employees required, members of the appropriate Union(s) shall be filled in the following manner: 1. Laid-off employees shall be reinstated as provided herein in Ar­ ticle Thirteen. 2. If the Employer has exhausted laid-off employees and there are vacancies or jobs still last to be filledlaid off, the Employer shall advise the Union Hiring Hall thereof and the Hiring Hall shall be given five (5) working days within depending on which to provide an employee qualified to perform the work required by the job in question. 3. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of jurisdictional area the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer 's project is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employeelocated in. 4. Employees on a laid-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Article. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain the right to reject without discrimination any job applicant referred by the Union Employment Office. The parties hereto agree that each of them will post notices of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishments.

Appears in 1 contract

Samples: Collective Agreement

Hiring. A. In 7.01 The Employer agrees to engage Employees through the event that there is a necessity services of the Union dispatch facilities in accordance with the following procedures: (a) For COMMERCIAL/INSTITUTIONAL work only the Employer has the freedom to select from the list of available unemployed members or transfer Employees from other work being performed for the Employer to hire employees to fill any vacanciessame Employer, within the area jurisdiction of the Union(s). For work in Local 496 jurisdiction only, three out of every four workers hired may be name hired by the contractor off of the Union’s out of work list. Contractors will advise the union of the names of those workers on the out of work list that they will not accept as employees. (b) On INDUSTRIAL work, where a project requires twenty-five (25) or less Employees, the Employer agrees that such vacan­ cies may transfer or jobs shall name hire any combination of fourteen (14) Employees to the job site, however, no more than six (6) Employees may be filled in the following manner: 1. Laid-off employees shall be reinstated as provided herein in Ar­ ticle Thirteenname hired. 2. If the Employer has exhausted laid(c) On INDUSTRIAL work, where a project requires twenty-off employees and there are vacancies five (25) or jobs still to be filledmore Employees, the Employer shall advise may utilize the Union Hiring Hall thereof option in (b) above and the Hiring Hall shall be given in addition may name hire or transfer one (1) additional Employee for every five (5) working days within which list hires (d) When applicable, contractors may transfer between the Fabrication Shop and the Modular Yard as per Clause 7.01 except that Employees transferred to provide an employee qualified the Modular Yard from the Fabrication Shop must remain (e) Not withstanding 7.01 (b), (c) and (d), Employees may be transferred or name hired to perform be employed as Foremen or General Foremen subject to the work required by following: (i) he/she must be in compliance with Clause 25.02 (a); and, (ii) for the job in questionpurposes of this Clause, Employees transferred or name hired as Foremen or General Foremen shall be Industrial Construction Crew Supervisor (ICCS) certified effective May 1, 2017. 3. Should (iii) he/she will at no time be paid less than the Hiring Hall be unable during the five Xxxxxxx’x rate for which they qualify under Clause 25.02 (5b) working days to furnish an employee qualified to perform the job in the discre­ tion for a minimum of the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employee. 4. Employees on a laid-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Article. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain the right to reject without discrimination any job applicant referred by the Union Employment Office. The parties hereto agree that each of them will post notices of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishments.four

Appears in 1 contract

Samples: Collective Agreement

Hiring. A. In the event that there is a necessity for the Employer (a) The Buyer shall hire (subject to hire employees to fill any vacancieseach employee’s agreement), the Employer agrees that such vacan­ cies or jobs shall be filled in the following manner: 1. Laid-off employees shall be reinstated effective as provided herein in Ar­ ticle Thirteen. 2. If the Employer has exhausted laid-off employees and there are vacancies or jobs still to be filled, the Employer shall advise the Union Hiring Hall thereof and the Hiring Hall shall be given five (5) working days within which to provide an employee qualified to perform the work required by the job in question. 3. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of the EmployerClosing Date, all of the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employee. 4. Employees on a laid-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer Company on the day immediately prior to the Closing Date, active or inactive (such employees being hereafter referred to as the “Transferred Employees”) at a comparable job and at a rate of pay not less than each such Transferred Employee’s pay as of September 30, 2004. Upon request of the Buyer, the Company shall provide the Buyer reasonable access to data (including computer data) regarding the ages, dates of hire, compensation and job description of the Transferred Employees. (b) The Buyer shall assume and be responsible for any severance costs associated with the termination of the Transferred Employees’ employment with the Company. The Buyer shall discharge all liabilities and claims based on occurrences or conditions first occurring or commencing on or after the Closing Date with respect to Transferred Employees arising out of their employment with the Buyer after the Closing Date, including, but not limited to, any claims arising out of any employee benefit plan, policy, program or arrangement maintained at any time by the Buyer (a “Buyer Plan” or collectively, the “Buyer Plans”), except Buyer shall not assume any liabilities with respect to the WARN Act or COBRA benefits for any terminations occurring prior to the Closing Date (unless provided otherwise by law or pursuant to applicable regulations) nor shall the provisions of this ArticleCompany or the Parent be liable under the WARN Act, COBRA, or state unemployment claims law for any Transferred Employee terminated by Buyer after the Closing. (c) At Closing, the Buyer shall establish and make available a group medical plan for the Transferred Employees and their dependents that is substantially similar to the group medical plan available to the Transferred Employees immediately prior to Closing. The Hiring Hall Buyer shall operate on credit the Transferred Employees with all service of the Transferred Employees recognized under the employee benefit plans, policies, programs, or arrangements maintained by the Parent or the Company (the “Parent Plans”) as service with the Buyer for purposes of eligibility to participate, vesting and levels of benefits available, under all Buyer Plans. The Buyer shall waive any coverage waiting period, pre-existing condition and actively-at-work requirements under the Buyer Plans for the Transferred Employees and shall provide that any expenses incurred before the Closing Date by a nonTransferred Employee (and his or her dependents) during the calendar year of the Closing shall be taken into account for purposes of satisfying the applicable deductible, coinsurance and maximum out-discriminatory basis of-pocket provisions, and employment applicable annual and/or lifetime maximum benefit limitations of the Buyer Plans. The Buyer Plans shall not be denied require contributions by Transferred Employees at a rate that exceeds the rate in effect for other similarly situated employees of the Buyer. Any reports or other information provided to employees because of membership Buyer by the Company or non-membership the Parent in the Union, consistent connection with the provisions of Buyer performing his obligations under this Article. In all cases, the employee, in order to start working, Section 7.1(c) shall be re­ quired as a prerequisite to report to at the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain the right to reject without discrimination any job applicant referred by the Union Employment Office. The parties hereto agree that each of them will post notices sole expense of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishmentsBuyer.

Appears in 1 contract

Samples: Asset Purchase Agreement (Integrated Electrical Services Inc)

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Hiring. A. In 7.01 The Employer agrees to engage Employees through the event that services of the Union dispatch facilities in accordance with the following procedures: (a) For COMMERCIAL/INSTITUTIONAL work only the Employer has the freedom to select from the list of available unemployed members or transfer Employees from other work being performed for the same Employer, within the area jurisdiction of the Union(s). (b) On INDUSTRIAL work, where a project requires twenty-five (25) or less Employees, the Employer may transfer or name hire any combination of fourteen (14) Employees to the job site, however, no more than six (6) employees may be name hired. (c) On INDUSTRIAL work, where a project requires twenty-five (25) or more Employees, the Employer may utilize the option in (b) above and in addition he may name hire or transfer three (3) additional employees for each additional twenty-five (25) Employees hired. (d) Where there is a necessity demonstrable need for special skills, talents, or where job conditions warrant, on particular job site(s) then by mutual agreement between the Business Manager of the Union and the Employer, the Employer shall be entitled to hire additional name hires or transfers. 7.02 Where transfers are permitted above, such transfers shall be working within the area jurisdiction of the union and there shall be no interruption of the Employees' earnings while being transferred. This clause does not apply to employees who are on regularly scheduled holidays or absent from work for compassionate reasons, and who are to fill report to a different job site upon their return. 7.03 Under no circumstances shall any vacanciesEmployer transfer Employees from one company to another company, without terminating the Employees and complying with the hiring procedures as set out above. 7.04 Except as provided for in Clause 7.08, the Employer agrees not to engage any person until clearance is given by the Union office or a dispatch slip from the Union office is presented. (a) In the hiring of Apprentices, the Employer shall give consideration to those duly indentured apprentices that are registered as unemployed at the Union office. (b) The Employer agrees to engage only new or probationary apprentices, who have fulfilled the entrance requirements of the Joint Educational Trust Fund Trustees. (c) All apprentices as a condition of progression shall be required to attend such courses as directed by the Joint Educational Trust Fund Trustees in consultation with the Employer affected. 7.06 The Employer and the Union agree that there will be no discrimination against any Employee for reasons of age, sex, race, colour or creed. 7.07 The Union agrees to furnish competent workmen to the Employer on request, provided however, that the Employer shall have the right to determine the competency and qualifications of such persons and shall have the right to reject any person or to discharge any Employee for just cause. The Employer shall not discriminate against any Employee by reason of their membership in the Union or their participation in its lawful activities. 7.08 Where the Employer has requested the Union office to furnish workmen to perform work within the scope of this Agreement, and the required number 7.09 Provided the Union can supply the Employer with qualified tradesmen, who are members of the appropriate Union, the Employer agrees that such vacan­ cies or jobs at any time on the request of the Union representative giving forty-eight (48) hours notice, any other persons working at the trade shall be filled in laid off. However, where certain skills may be required on site, the following manner:parties may, by mutual consent, waive this requirement. Prospective members awaiting initiation, who have met the requirements for initiation into membership are considered to be members for the purpose of this agreement. 1. Laid-off employees 7.10 In reducing the number of Employees required, members of the appropriate Union(s) shall be reinstated as provided herein in Ar­ ticle Thirteen. 2. If the Employer has exhausted laid-off employees and there are vacancies or jobs still last to be filledlaid off, the Employer shall advise the Union Hiring Hall thereof and the Hiring Hall shall be given five (5) working days within depending on which to provide an employee qualified to perform the work required by the job in question. 3. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of jurisdictional area the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer 's project is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employeelocated in. 4. Employees on a laid-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Article. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain the right to reject without discrimination any job applicant referred by the Union Employment Office. The parties hereto agree that each of them will post notices of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishments.

Appears in 1 contract

Samples: Collective Agreement

Hiring. A. In the event that there is a necessity for the Employer to hire employees to fill any vacancies, the Employer agrees that such vacan­ cies or jobs (a) The Union shall be filled the sole bargaining authority for all employees covered by this Agreement and it is agreed that all present and future employees coming under the scope and provisions of this Agreement shall become members and/or maintain membership in the following manner: 1Union. Laid-off All new employees shall be reinstated as provided herein in Ar­ ticle Thirteeninformed of this Section. Union membership will be available to all on an equal basis without discrimination, subject only to the By- Laws and Constitution of the Union. 2(b) The Employer agrees to require membership in the Union as a condition of hire and continued employment. (c) All employees covered by this Agreement must be cleared by referral slip through the office of Local Union No. 280 before being hired. A referral slip must contain the employee's name, category, rate of pay and Social Insurance Number. Outside the Lower Mainland of British Columbia, this may be accomplished either through an "Area Dispatcher", so appointed by the Union, or by a responsible Shop Xxxxxxx where no Area Dispatcher has been appointed. (d) Those employees with seniority retention rights shall be recalled in accordance with Article 15, Section 15.01 Paragraph C before new employees are hired. (e) If the Employer has exhausted laid-off employees and there are vacancies or jobs still no employees on the seniority list with right to be filledrecall, the Employer shall advise the Union Hiring Hall thereof and the Hiring Hall shall be given five (5) working days within which to provide an employee qualified to perform the work required by the job in question. 3. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee Company shall have the right to displace the temporary employee. 4hire new employees providing that they obtain Local 280 membership clearance before commencing work. Employees on a laidIt is also understood that if new employees are required that Local 280 shall be notified and shall co-off status operate in every way in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list hiring of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Articlenew employees. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain Company will have the right to reject without discrimination interview the applicant and request a physical examination before hiring. The Company has the right to refuse any job applicant referred by applicant, which it xxxxx xxx not be suitable. (f) In the event that the Union Employment Office. The parties hereto agree is unable to supply the Employer with qualified personnel within forty-eight (48) hours, the Employer shall have the right to employ any available qualified personnel, provided, however, that each all provisions of them will post notices of the provisions relating to the functioning of the within hiring arrangements Section 4.01 (b) and safeguards relating thereto in places where Notices to employees and applicants for employment (c) are customarily posted in their respec­ tive establishmentscomplied with.

Appears in 1 contract

Samples: Collective Agreement

Hiring. A. Section 1. The Employer is an Equal Opportunity Employer and will continually make good-faith efforts to recruit candidates in a manner consistent with its commitment to workplace diversity, equity, inclusion, and justice. The Employer or its representatives shall make good-faith efforts to circulate, internally and externally, information about open bargaining unit positions in a manner that assists in the recruitment of candidates who identify as part of traditionally under-represented groups by race, ethnicity, gender identity, sexual orientation, age, and/or disability at the Employer or in the media industry. To the extent possible and appropriate, these efforts shall include: 1) Dialogue with journalism or communications department leaders of minority-serving institutions such as HBCUs 2) Communication with leaders of local and national affinity groups including but not limited to the National Association of Hispanic Journalists, National Association of Black Journalists, Native American Journalists Association, Asian American Journalists Association, The Association of LGBTQ Journalists and others 3) Attendance at conferences of the above professional associations for recruiting purposes 4) Submission of job listings to boards run by the above professional associations. The Employer agrees to post new jobs and vacancy announcements internally only for five business days. The Employer agrees to interview all qualified internal candidates. After the internal period, the LABOR AGREEMENT BETWEEN GRIST MAGAZINE INC. AND TNG-CWA #37082 18 Employer will post on its website notices of vacancies and new jobs when they occur. The Employer agrees not to hire from any outside sources within a seven (7) day period after such posting except in the case of an emergency or other special needs. Such notices shall contain a job description which shall include job qualifications and salary range of the vacant position. In the event that no applicant meets the job qualifications as contained in the posted job description and the Employer elects to change the qualifications for the vacant position, a revised notice which contains such amended qualifications shall be posted for an additional posting period. Managers shall be encouraged to inform employees of vacancies in their departments or units. The Employer shall fill the vacancy with an employee from the bargaining unit if there is a necessity for at least one qualified applicant from within the Employer bargaining unit who applied within the applicable posting period and whose abilities, in the Employer’s objective determination, are substantially equal to hire employees to fill any vacanciesor higher than those of all other applicants; in all other cases, the Employer agrees that such vacan­ cies may fill the vacancy with any applicant regardless of whether or jobs shall be filled not they are in the following manner: 1bargaining unit. Laid-off employees shall The Guild will be reinstated as provided herein in Ar­ ticle Thirteenadvised of who was selected. Section 2. If the Employer has exhausted laid-off employees and there are vacancies or jobs still to be filledFor each open position, the Employer shall advise track race, ethnicity, gender identity, sexual orientation, age, and disability data of applicants and interviewees as voluntarily self-reported by candidates, including information on how applicants learned about job postings. Such information shall be available to the Union Guild upon request for individual unit positions. Section 3. For each new unit position, the Employer shall establish a Hiring Hall thereof Committee tasked with interviewing candidates. No less than one-third of the Hiring Committee shall consist of bargaining unit members, and the Hiring Hall Committee should consist of a diverse group of employees in applicable departments. The final hiring decision is made by the department manager. Section 4. At least one portion of a candidate’s interview with the employer shall consist of a series of structured questions standardized across candidates. Section 5. Applicants who are requested to perform work during an application period (including but not limited to: editing tests, writing tests, and/or data visualization) shall be given five (5) working days within which to provide an employee qualified to perform the work required compensated by the job in question.Employer for this work no later than 30 days after the submission of an invoice. Applicants will be paid $200 for this work. LABOR AGREEMENT BETWEEN GRIST MAGAZINE INC. AND TNG-CWA #37082 19 3Section 6. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employee. 4. Employees on a laid-off status in the drug store industry in which the Employer is engaged Salary ranges shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Articleposted with open positions. The Hiring Hall shall operate on a non-discriminatory basis and employment Applicants shall not be denied obligated to employees because of membership or non-membership report their previous salary at any point in the Union, consistent with hiring and interview process. Section 7. All job listings in the provisions of this Article. In all cases, bargaining unit shall indicate that the employee, in order to start working, shall be re­ quired as position is a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain the right to reject without discrimination any job applicant referred by the Union Employment Office. The parties hereto agree that each of them will post notices of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishmentsGuild-represented position.

Appears in 1 contract

Samples: Labor Agreement

Hiring. A. In 7.01 The Employer agrees to engage Employees through the event that services of the Union dispatch facilities in accordance with the following procedures: (a) For COMMERCIAL/INSTITUTIONAL work only the Employer has the freedom to select from the list of available unemployed members or transfer Employees from other work being performed for the same Employer, within the area jurisdiction of the Union(s). (b) On INDUSTRIAL work, where a project requires twenty-five (25) or less Employees, the Employer may transfer or name hire any combination of fourteen (14) Employees to the job site, however, no more than six (6) employees may be name hired. (c) On INDUSTRIAL work, where a project requires twenty-five (25) or more Employees, the Employer may utilize the option in (b) above and in addition may name hire or transfer three (3) additional employees for each additional twenty-five (25) Employees hired. (d) Where there is a necessity demonstrable need for special skills, talents, or where job conditions warrant, on particular job site(s) then by mutual agreement between the Business Manager of the Union and the Employer, the Employer shall be entitled to additional name hires or transfers. 7.02 Where transfers are permitted above, such transfers shall be working within the area jurisdiction of the union and there shall be no interruption of the Employees' earnings while being transferred. This clause does not apply to employees who are on regularly scheduled holidays or absent from work for compassionate reasons, and who are to report to a different job site upon their return. 7.03 Under no circumstances shall any Employer transfer Employees from one company to another company, without terminating the Employees and complying with the hiring procedures as set out above. 7.04 Except as provided for in Clause 7.08, the Employer agrees not to engage any person until clearance is given by the Union office or a dispatch slip from the Union office is presented. (a) In the hiring of Apprentices, the Employer shall give consideration to those duly indentured apprentices that are registered as unemployed at the Union office. (b) The Employer agrees to engage only new or probationary apprentices, who have fulfilled the entrance requirements of the Joint Educational Trust Fund Trustees. (c) All apprentices as a condition of progression shall be required to attend such courses as directed by the Joint Educational Trust Fund Trustees in consultation with the Employer affected. 7.06 The Employer and the Union agree that there will be no discrimination against any Employee for reasons of age, sex, race, colour or creed. 7.07 The Union agrees to furnish competent workmen to the Employer on request, provided however, that the Employer shall have the right to determine the competency and qualifications of such persons and shall have the right to reject any person or to discharge any Employee for just cause. The Employer shall not discriminate against any Employee by reason of their membership in the Union or their participation in its lawful activities. 7.08 Where the Employer has requested the Union office to furnish workmen to perform work within the scope of this Agreement, and the required number of workmen are not furnished within two (2) working days, after the date for which the workmen are requested, the Employer shall have the right to procure the required number of workmen from other available sources, provided, however, that such workmen procured from other available sources shall be required by the Employer to hire employees to fill any vacanciesjoin the Union, if acceptable, 7.09 Provided the Union can supply the Employer with qualified tradesmen, who are members of the appropriate Union, the Employer agrees that such vacan­ cies or jobs at any time on the request of the Union representative giving forty-eight (48) hours notice, any other persons working at the trade shall be filled in laid off. However, where certain skills may be required on site, the following manner:parties may, by mutual consent, waive this requirement. Prospective members awaiting initiation, who have met the requirements for initiation into membership are considered to be members for the purpose of this agreement. 1. Laid-off employees 7.10 In reducing the number of Employees required, members of the appropriate Union(s) shall be reinstated as provided herein in Ar­ ticle Thirteen. 2. If the Employer has exhausted laid-off employees and there are vacancies or jobs still last to be filledlaid off, the Employer shall advise the Union Hiring Hall thereof and the Hiring Hall shall be given five (5) working days within depending on which to provide an employee qualified to perform the work required by the job in question. 3. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of jurisdictional area the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer 's project is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employeelocated in. 4. Employees on a laid-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Article. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain the right to reject without discrimination any job applicant referred by the Union Employment Office. The parties hereto agree that each of them will post notices of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishments.

Appears in 1 contract

Samples: Mechanical Collective Agreement

Hiring. A. In (a) The Employer has the event that there is a necessity for right to 100% call by name. All employees called by name may be contacted and scheduled by the Employer and shall be included in the Union dispatch under paragraph (c) below. The Employer shall notify the Union of the work schedule for such employees on a daily or applicable regular basis. Any show-site that requires more than six (6) employees, the seventh (7th) employee may be selected by the Union for dispatch as Xxxxxxx. If a trained Xxxxxxx is not available the seventh (7th) selection reverts to hire a call by name to the Employer. Any additional employees shall be dispatched to the Employer from the non-discriminatory list maintained by the Union. All employees on a call may be required to accept and complete any job assignment or change in job assignment as determined by the Employer (exclusive of Addendum “B”). (b) The Employer’s remaining labor call shall be filled from a non-discriminatory list maintained by the Union. The Employer may request their preference to Union dispatch on how their remaining call shall be filled provided that it is in a non-discriminatory fashion. When dispatched for Trade Show work is received the call shall be filled as follows: x. Xxxxx Show Qualified Journeyman ii. Trade Show Journeyman iv.UBC members on the Trade Show industry Out of Work list v. Any UBC members on the Out of Work List with the consent of both parties (c) When the Employer notifies the union of a call (or amends the call) ten (10) or more business (Monday through Friday) days in advance, the Union must notify the Employer of its ability or inability to fill any vacanciesthe call seven (7) days in advance. Similarly, when the Employer notifies the union of a call (or amends the call) seventy-two (72) hours or more in advance, the Union must notify the Employer of its ability or inability to (d) fill the call, forty-eight (48) hours in advance. The Union will have failed to fill a call if: i. The Union dispatch fails to provide the number of UBC members sought; ii. The Union dispatches members who are not qualified or certified as sought/required; a. Certified includes forklift, rigging, and overhead certification; b. Qualification includes the capacity to follow instructions, and the capacity to read and comprehend written work orders, bills of lading, freight manifests, etc.; c. For the purposes of I&D work performed for an I&D house or a General Contractor, qualified also means having enough people with I&D experience as required by the I&D House. If the Union is unable to fill a call, the Employer agrees that may utilize individuals to work within the jurisdiction of the Union such vacan­ cies or jobs shall be filled in the following mannerthat: 1i. The employees from any other source or the Exhibitors themselves may perform work within the Union’s jurisdiction without dispute or grievance, and without the wage and economic conditions provision contained in Art. Laid-off employees shall 15; and ii. The Employer may utilize those individuals or the Exhibitors themselves to work within the jurisdiction of the Union without dispute or grievance, and without the wage and economic conditions provision contained in Art. 15; and they may be reinstated as provided herein in Ar­ ticle Thirteen. 2retained for any particular booth or project even while bargaining unit members are dismissed if they are needed for continuity of work or have travelled from outside of the city where the work is being performed. If the Employer has exhausted laid-off employees and there are vacancies chooses to cancel or jobs still to be filledreduce a labor call, for other than operational reasons, with less than 48 hours’ notice (unless such cancellation is beyond the Employer’s control), the Employer shall advise the Union Hiring Hall thereof and the Hiring Hall scheduled employees shall be given five (5) working days within which to provide an employee qualified to perform the work required by the job in question. 3. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employee. 4. Employees on a laidpaid two hours show-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Articleup pay. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer employer shall retain the right to hire or reject without discrimination any job applicant referred person dispatched. (e) To qualify for dispatch from the Out-of-Work list a person must have all of the required tools. (f) When an employee fails to report to work as scheduled or fails to report absence at least one (1) hour prior to the scheduled report time, except for reasons beyond the control of the employee, such employee shall be subject to written warning for the first offense and to discharge (or Do Not Send letter to the Union) for the second offense within a twelve (12) month period. The warning and discharge (or DNS) notices shall be sent to the Union in writing within seven (7) calendar days of the infraction. Such discharge or do not send notice shall be rescinded after six (6) months from date of issue upon the written request of the Union. When an employee is late for work and does not call into the single designated phone number (provided by the Union Employment Officeemployer) prior to the reporting time, the Employer may request a replacement and the employee is considered a “No-Show” and the above “No-Show” disciplinary actions shall apply. The parties hereto agree Those that each of them will post notices do call in prior to being late and show up for work, such employee shall be subject to a written warning for the first offense and to discharge (or Do Not Send letter to the Union) for the third offense within a six (6) month period. As long as the employee who has called in can report to work within an hour of the provisions relating original scheduled starting time, the employee will be put to the functioning of the within hiring arrangements work and safeguards relating thereto in places where Notices to employees and applicants will be paid for employment are customarily posted in their respec­ tive establishments.actual time

Appears in 1 contract

Samples: Trade Show Agreement

Hiring. A. In 7.01 The Employer agrees to engage Employees through the event services of the Union dispatch facilities in accordance with the following procedures: (a) For COMMERCIAL/INSTITUTIONAL work only the Employer has the freedom to select from the list of available unemployed members or transfer Employees from other work being performed for the same Employer, within the area jurisdiction of the Union(s). For work in Local 496 jurisdiction only, three out of every four workers hired may be name hired by the contractor off of the Union’s out of work list. Contractors will advise the union of the names of those workers on the out of work list that they will not accept as employees. (b) On INDUSTRIAL work, where a project requires twenty-five (25) or less Employees, the Employer may transfer or name hire any combination of fourteen (14) Employees to the job site, however, no more than six (6) Employees may be name hired. (c) On INDUSTRIAL work, where a project requires twenty-five (25) or more Employees, the Employer may utilize the option in (b) above and in addition may name hire or transfer one (1) additional Employee for every five (5) list hires (d) When applicable, contractors may transfer between the Fabrication Shop and the Modular Yard as per Clause 7.01 except that Employees transferred to the Modular Yard from the Fabrication Shop must remain employed in the Modular Yard for a minimum of thirty (30) calendar days before they can be transferred to a field project within the appropriate jurisdiction. (e) Not withstanding 7.01 (b), (c) and (d), Employees may be transferred or name hired to be employed as Foremen or General Foremen subject to the following: (i) he/she must be in compliance with Clause 25.02 (a); and, (ii) for the purposes of this Clause, Employees transferred or name hired as Foremen or General Foremen shall be Industrial Construction Crew Supervisor (ICCS) certified effective May 1, 2017. (iii) he/she will at no time be paid less than the Xxxxxxx’x rate for which they qualify under Clause 25.02 (b) for a minimum of four (4) months from date of hire or transfer or until laid off if less than four (4) months. (f) On hiring, there shall be no distinction between Alberta and UA classified Journeymen Steam Fitters/Pipe Fitters except as allowed for in Clause 25.02 (a). (g) Where there is a necessity demonstrable need for special skills, talents, or where job conditions warrant, on particular job site(s) then by mutual agreement between the Business Manager of the Union and the Employer, the Employer shall be entitled to additional name hires or transfers. 7.02 Where transfers are permitted above, such transfers shall be working within the area jurisdiction of the Union and there shall be no interruption of the Employees’ earnings while being transferred. This clause does not apply to Employees who are on regularly scheduled holidays or absent from work for compassionate reasons, and who are to report to a different job site upon their return. 7.03 Under no circumstances shall any Employer transfer Employees from one company to another company, without terminating the Employees and complying with the hiring procedures as set out above. 7.04 Except as provided for in Clause 7.08, the Employer agrees not to engage any person until clearance is given by the Union office or a dispatch slip from the Union office is presented. (a) In the hiring of Apprentices, the Employer shall give consideration to those duly indentured apprentices that are registered as unemployed at the Union office. The Employer will maintain a minimum ratio of 20% of the number of Journeymen employed on all projects that have more than 14 journeymen employed by that Employer. On projects smaller than this, the Employer will make best efforts to maintain a similar ratio of apprentices to journeymen. It is understood that operational considerations or specialized projects may make the maintenance of these ratios difficult. In these cases the special requirements of the project and the overall number of apprentices employed by the Employer will be taken into consideration (b) The Employer agrees to engage only new or probationary apprentices, who have fulfilled the entrance requirements of the Joint Educational Trust Fund Trustees. (c) All apprentices as a condition of progression shall be required to attend such courses as directed by the Joint Educational Trust Fund Trustees in consultation with the Employer affected. (d) The Joint Educational Trust Fund Trustees shall be the sole body authorized to set conditions and standards of certification of the Steam Fitter-Pipe Fitter UA designation and to determine individual certifications of the Steam Fitter-Pipe Fitter UA designation. (e) The parties recognize that it is in their mutual best interest to include significant involvement of women, aboriginal people, veterans, visible minorities and RAP students in the workforce. To that end, the Trade Division and the Union will jointly undertake recruitment initiatives aimed at increasing the number of these people as new apprentices who will join the union. (f) The Parties agree to cooperate to facilitate broad and liberal leaves for operations and training military leave for workers who serve as members of the Canadian Forces Reserves, in accordance with provincial and federal law and the ‘Declaration of Support for the Reserve Force’ signed by the Canadian Office of the Building and Construction Trades Department and the National Construction Labour Relations Alliance, dated May 12th, 2010. 7.06 The Employer and the Union agree that there will be no discrimination against any Employee for reasons as stipulated under Alberta legislation. 7.07 The Union agrees to furnish competent workers embracing the UA Standard for Excellence to the Employer on request, provided however, that the Employer shall have the right to determine the competency and qualifications of such persons and shall have the right to reject any person or to discharge any Employee for just cause. The Employer shall not discriminate against any Employee by reason of their membership in the Union or their participation in its lawful activities. The reason/cause of the rejection/termination of the Employee will be relayed in writing to the Union. 7.08 Where the Employer has requested the Union office to furnish workers to perform work within the scope of this Agreement, and the required number of workers are not furnished within two (2) working days, after the date for which the workers are requested, the Employer shall have the right to procure the required number of workers from other available sources, provided, however, that such workers procured from other available sources shall be required by the Employer to hire employees make application to fill any vacanciesjoin the Union, if acceptable, not later than thirty (30) calendar days after hiring, and obtain a dispatch slip from the Union office or the Employer shall notify and obtain clearance from the Union office before engaging such persons. In such circumstances, clearance by the Union will not be withheld. 7.09 Provided the Union can supply the Employer with qualified tradesmen, who are members of the appropriate Union, the Employer agrees that such vacan­ cies or jobs at any time on the request of the Union representative giving forty-eight (48) hours notice, any other persons working at the trade shall be filled in laid off. However, where certain skills may be required on site, the following manner:parties may, by mutual consent, waive this requirement. Prospective members awaiting initiation, who have met the requirements for initiation into membership are considered to be members for the purpose of this agreement. 17.10 In reducing the number of Employees required, members of the appropriate Union(s) shall be the last to be laid off, depending on which jurisdictional area the Employer’s project is located in. LaidWorkers on the project may be offered the opportunity to exercise the option to accept a voluntary lay-off employees shall be reinstated as provided herein in Ar­ ticle Thirteen.when there REDUCTION IN CREWS 2. If 7.11 Members of the Union dispatched from the Union office reporting for work at the time and place specified by the Employer has exhausted laid-off employees and there who are vacancies or jobs still to be filled, not engaged by the Employer shall advise the Union Hiring Hall thereof receive a minimum of two (2) hours locally or four (4) hours beyond 300 km reporting pay, plus travel allowance and the Hiring Hall shall be given five (5) working days within which to provide an employee qualified to perform the work required by the job in questionexpense, if applicable. 3. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employee. 4. Employees on a laid-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Article. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain the right to reject without discrimination any job applicant referred by the Union Employment Office. The parties hereto agree that each of them will post notices of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishments.

Appears in 1 contract

Samples: Collective Agreement

Hiring. A. In 7.01 The Employer agrees to engage Employees through the event that services of the Union dispatch facilities in accordance with the following procedures: (a) For COMMERCIAL/INSTITUTIONAL work only the Employer has the freedom to select from the list of available unemployed members or transfer Employees from other work being performed for the same Employer, within the area jurisdiction of the Union(s). (b) On INDUSTRIAL work, where a project requires twenty-five (25) or less Employees, the Employer may transfer or name hire any combination of fourteen (14) Employees to the job site, however, no more than six (6) employees may be name hired. (c) On INDUSTRIAL work, where a project requires twenty-five (25) or more Employees, the Employer may utilize the option in (b) above and in addition he may name hire or transfer three (3) additional employees for each additional twenty-five (25) Employees hired. (d) Where there is a necessity demonstrable need for special skills, talents, or where job conditions warrant, on particular job site(s) then by mutual agreement between the Business Manager of the Union and the Employer, the Employer shall be entitled to additional name hires or transfers. 7.02 Where transfers are permitted above, such transfers shall be working within the area jurisdiction of the union and there shall be no interruption of the Employees' earnings while being transferred. This clause does not apply to employees who are on regularly scheduled holidays or absent from work for compassionate reasons, and who are to report to a different job site upon their return. 7.03 Under no circumstances shall any Employer transfer Employees from one company to another company, without terminating the Employees and complying with the hiring procedures as set out above. 7.04 Except as provided for in Clause 7.08, the Employer agrees not to engage any person until clearance is given by the Union office or a dispatch slip from the Union office is presented. (a) In the hiring of Apprentices, the Employer shall give consideration to those duly indentured apprentices that are registered as unemployed at the Union office. (b) The Employer agrees to engage only new or probationary apprentices, who have fulfilled the entrance requirements of the Joint Educational Trust Fund Trustees. (c) All apprentices as a condition of progression shall be required to attend such courses as directed by the Joint Educational Trust Fund Trustees in consultation with the Employer affected. 7.06 The Employer and the Union agree that there will be no discrimination against any Employee for reasons of age, sex, race, colour or creed. 7.07 The Union agrees to furnish competent workmen to the Employer on request, provided however, that the Employer shall have the right to determine the competency and qualifications of such persons and shall have the right to reject any person or to discharge any Employee for just cause. The Employer shall not discriminate against any Employee by reason of their membership in the Union or their participation in its lawful activities. 7.08 Where the Employer has requested the Union office to furnish workmen to perform work within the scope of this Agreement, and the required number of workmen are not furnished within two (2) working days, after the date for which the workmen are requested, the Employer shall have the right to procure the required number of workmen from other available sources, provided, however, that such workmen procured from other available sources shall be required by the Employer to hire employees to fill any vacanciesjoin the Union, if acceptable, not later 7.09 Provided the Union can supply the Employer with qualified tradesmen, who are members of the appropriate Union, the Employer agrees that such vacan­ cies or jobs at any time on the request of the Union representative giving forty-eight (48) hours notice, any other persons working at the trade shall be filled in laid off. However, where certain skills may be required on site, the following manner:parties may, by mutual consent, waive this requirement. Prospective members awaiting initiation, who have met the requirements for initiation into membership are considered to be members for the purpose of this agreement. 1. Laid-off employees 7.10 In reducing the number of Employees required, members of the appropriate Union(s) shall be reinstated as provided herein in Ar­ ticle Thirteen. 2. If the Employer has exhausted laid-off employees and there are vacancies or jobs still last to be filledlaid off, the Employer shall advise the Union Hiring Hall thereof and the Hiring Hall shall be given five (5) working days within depending on which to provide an employee qualified to perform the work required by the job in question. 3. Should the Hiring Hall be unable during the five (5) working days to furnish an employee qualified to perform the job in the discre­ tion of jurisdictional area the Employer, the Employer may hire an employee from any source. In the event of a bona fide emergency, the Employer 's project is priv- eleged to hire a temporary employee from any source during the aforesaid five (5) working day period, it being understood, however, that if the Hiring Hall succeeds in dispatchng during said period an employee whose qualifications are satisfactory to the Employer that the said employee shall have the right to displace the temporary employeelocated in. 4. Employees on a laid-off status in the drug store industry in which the Employer is engaged shall be dispatched from the Hiring Hall’s list of employees after exhausting the laid-off list of employees of the Employer pursuant to the provisions of this Article. The Hiring Hall shall operate on a non-discriminatory basis and employment shall not be denied to employees because of membership or non-membership in the Union, consistent with the provisions of this Article. In all cases, the employee, in order to start working, shall be re­ quired as a prerequisite to report to the Hiring Hall in order to obtain a work permit therefrom. The Employer shall retain the right to reject without discrimination any job applicant referred by the Union Employment Office. The parties hereto agree that each of them will post notices of the provisions relating to the functioning of the within hiring arrangements and safeguards relating thereto in places where Notices to employees and applicants for employment are customarily posted in their respec­ tive establishments.

Appears in 1 contract

Samples: Collective Agreement

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