Common use of UNION SECURITY AND REFERRAL Clause in Contracts

UNION SECURITY AND REFERRAL. 1. The Unions are recognized by the Contractor as a source of employment referrals. The appropriate Local Unions will be contacted and shall refer all applicants for employment to the project according to the standards or criteria uniformly applied to maintenance projects in the area. 2. The Work that the Contractor performs involves operating units that in all cases must be kept running. This situation means that some of the Work is of an urgent nature, and therefore, will require at times, the acceptance of extreme fluctuations in labor demand. The Unions, by this Agreement, completely understand the necessity of these extremes and agree to make every effort to cause the manpower requirements of the Contractor to be fulfilled. In urgent circumstances the Unions agree that the Contractor, once having requested personnel from a Local Union, may temporarily assign employees already at the facility from one or more other crafts to assist the designated craft in performing the Work until the Local Union having jurisdiction has complied with the request for personnel. If insufficient skills are available at the facility the Contractor may transfer existing employees working under this Agreement from other facilities inside or outside of the territory of the Local Union having jurisdiction. With respect to transfers from facilities outside of the territory of the Local Union having jurisdiction, such transfers will be voluntary on the part of the employee. Also, the Contractor will pay travel expenses and the transferred employee(s) will receive the higher rate of pay between the two locations. Once the Local Union having jurisdiction has furnished the requested personnel, the substitute personnel will be replaced by them. This craft interchange will be ad-hoc in nature and will in no way set precedent for jurisdictional assignments by the Contractor. 3. The above shall not restrict the Contractor from soliciting and hiring qualified personnel from any other source, provided the Unions are unable to fulfill manpower requirements within forty-eight hours, emergencies excluded. 4. All employees hired by the Contractor shall, as a condition of employment, become and remain members in good standing of the appropriate Union after the 7th day following the beginning of such employment. 5. Any employee, who, at his/her time of employment is a member in good standing of a Union shall be considered in compliance with the Union Security Article in this contract so long as he/she maintains good standing in that Union. 6. The Contractor agrees to be bound by the hiring and book-classification layoff practices, if applicable, in the local area not inconsistent with the terms of this Agreement. In cases where a Contractor is signatory to an established national agreement with a Signatory International Union that contains provisions that supersede the referral terms in that Union’s local agreements, such provisions will apply at locations agreed to by a representative of the International Union. 7. On nuclear facilities it is agreed that applicants referred to the project under this Article shall be considered probationary employees until such time as they meet the owners’ security requirements not inconsistent with State and Federal laws. This provision shall not preclude such probationary employees’ rights under Article VII relative to any grievance arising under any other section of this Agreement. 8. An employee who resigns from work at any project without sufficient notice to minimize the impact on critical work will not be hired with any other Contractor which has signed an LOA for a period of 30 days following the date of resignation. However, the application of this provision to a particular employee may be waived when the Contractor which had employed the employee prior to resignation and the respective Local Union in the area where the employee wishes to work mutually agree that the individual can be hired. Such agreement shall not be unreasonably withheld.

Appears in 3 contracts

Samples: Maintenance Agreement, Maintenance Agreement, Maintenance Agreement

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UNION SECURITY AND REFERRAL. 1. The Unions are recognized by the Contractor as a source of employment referrals. The appropriate Local Unions will be contacted and shall refer all applicants for employment to the this project according to the standards or criteria uniformly applied to any maintenance projects project in the area. 2. The Work Plant maintenance, repair and renovation that the Contractor performs involves operating units that in all cases must be kept running. This situation means that some of the Work work is of an urgent emergency nature, and therefore, will require at times, the acceptance of extreme fluctuations in the labor demand. The Unions, by this Agreement, completely understand the necessity of these extremes and agree to make every effort to cause fulfill the manpower requirements of the Contractor to be fulfilled. In urgent circumstances the Unions agree that the Contractor, once having requested personnel from a Local Union, may temporarily assign employees already at the facility from one or more other crafts to assist the designated craft in performing the Work until the Local Union having jurisdiction has complied with the request for personnel. If insufficient skills are available at the facility the Contractor may transfer existing employees working under this Agreement from other facilities inside or outside of the territory of the Local Union having jurisdiction. With respect to transfers from facilities outside of the territory of the Local Union having jurisdiction, such transfers will be voluntary on the part of the employee. Also, the Contractor will pay travel expenses and the transferred employee(s) will receive the higher rate of pay between the two locations. Once the Local Union having jurisdiction has furnished the requested personnel, the substitute personnel will be replaced by them. This craft interchange will be ad-hoc in nature and will in no way set precedent for jurisdictional assignments by the Contractor. 3. The above shall not restrict the Contractor from soliciting and hiring qualified personnel from any other source, provided the Unions are unable to fulfill manpower requirements within forty-eight hours, emergencies excluded. 4. All employees hired by the Contractor shall, as a condition of employment, become and remain members in good standing of the appropriate Union after the 7th day following the beginning of such employment. 5. Any employee, who, at his/her time of employment is a member in good standing of a Union any AFL-CIO Building Trades Union, shall be considered in compliance with the Union Security Article in this contract so long as he/she maintains good standing in that Union. 6. The Contractor agrees to be bound by the hiring and book-classification layoff practices, if applicable, practices in the local area not inconsistent with the terms of this Agreement. In cases where a Contractor is signatory to an established national agreement with a Signatory International Union that contains provisions that supersede the referral terms in that Union’s local agreements, such provisions will apply at locations agreed to by a representative of the International Union.(Bulletin 13) 7. On nuclear facilities it is agreed that applicants referred to the project under this Article shall be considered probationary employees until such time as they meet the owners' security requirements not inconsistent with State and Federal laws. This provision shall not preclude such probationary employees' rights under Article VII relative to any grievance arising under any other section of this Agreement. 8agreement. An employee who resigns from work at any project without sufficient notice to minimize the impact on critical work will not be hired with any other Contractor which has signed an LOA for a period of 30 days following the date of resignation. However, the application of this provision to a particular employee may be waived when the Contractor which had employed the employee prior to resignation and the respective Local Union in the area where the employee wishes to work mutually agree that the individual can be hired. Such agreement shall not be unreasonably withheld.SECTIONS 4 AND 5 DO NOT APPLY IN STATES WITH RIGHT TO WORK LAWS

Appears in 3 contracts

Samples: Project Maintenance Agreement, Project Maintenance Agreement, Project Maintenance Agreement

UNION SECURITY AND REFERRAL. 1. The Unions are recognized by the Contractor as a source of employment referrals. The appropriate Local Unions will be contacted and shall refer all applicants for employment to the this project according to the standards or criteria uniformly applied to any maintenance projects project in the area.. (Bulletin 1) (Note: All Bulletins are available on-line at: xxxxx://xxxxx.xxx/agreements/.) 2. The Work Plant maintenance, repair and renovation that the Contractor performs involves operating units that in all cases must be kept running. This situation means that some of the Work work is of an urgent emergency nature, and therefore, will require at times, the acceptance of extreme fluctuations in the labor demand. The Unions, by this Agreement, completely understand the necessity of these extremes and agree to make every effort to cause fulfill the manpower requirements of the Contractor to be fulfilled. In urgent circumstances the Unions agree that the Contractor, once having requested personnel from a Local Union, may temporarily assign employees already at the facility from one or more other crafts to assist the designated craft in performing the Work until the Local Union having jurisdiction has complied with the request for personnel. If insufficient skills are available at the facility the Contractor may transfer existing employees working under this Agreement from other facilities inside or outside of the territory of the Local Union having jurisdiction. With respect to transfers from facilities outside of the territory of the Local Union having jurisdiction, such transfers will be voluntary on the part of the employee. Also, the Contractor will pay travel expenses and the transferred employee(s) will receive the higher rate of pay between the two locations. Once the Local Union having jurisdiction has furnished the requested personnel, the substitute personnel will be replaced by them. This craft interchange will be ad-hoc in nature and will in no way set precedent for jurisdictional assignments by the Contractor. 3. The above shall not restrict the Contractor from soliciting and hiring qualified personnel from any other source, provided the Unions are unable to fulfill manpower requirements within forty-eight hours, emergencies excluded. 4. All employees hired by the Contractor shall, as a condition of employment, become and remain members in good standing of the appropriate Union after the 7th day following the beginning of such employment. 5. Any employee, who, at his/her time of employment is a member in good standing of a Union any signatory Union, shall be considered in compliance with the Union Security provisions of this Article in this contract so long as he/she maintains good standing in that Union. 6. The Contractor agrees to be bound by the hiring and book-classification layoff practices, if applicable, practices in the local area not inconsistent with the terms of this Agreement. In cases where a Contractor is signatory to an established national agreement with a Signatory International Union that contains provisions that supersede Reverse layoff provisions, even when made part of the referral terms hiring hall procedures in that Union’s local agreements, such provisions will apply at locations agreed to by a representative are inconsistent with the terms of the International Unionthis Agreement and therefore are not recognized. 7. On nuclear facilities it is agreed that applicants referred to the project under this Article shall be considered probationary employees until such time as they meet the ownersOwners’ security requirements not inconsistent with State and Federal laws. This provision shall not preclude such probationary employees’ rights under Article VII relative to any grievance arising under any other section of this Agreement. 8. An employee who resigns from work at any project without sufficient notice to minimize the impact on critical work will not be hired with any other The Contractor which has signed an LOA for a period of 30 days following the date of resignation. However, the application of this provision to a particular employee may be waived when the Contractor which had employed the employee prior to resignation and the respective Local Union in the area where the employee wishes to work mutually agree that the individual can be hired. Such agreement shall not be unreasonably withheld.required to pay the cost of an employee’s Transportation Worker Identification Credential (TWIC). SECTIONS 4 AND 5 DO NOT APPLY IN STATES WITH RIGHT TO WORK LAWS

Appears in 3 contracts

Samples: Project Maintenance Agreement, Maintenance Agreement, Project Maintenance Agreement

UNION SECURITY AND REFERRAL. Section 1. The Unions are recognized by the Contractor as a source of employment referrals. The appropriate Local Unions will be contacted and shall refer all applicants for employment to the project according to the standards or criteria uniformly applied to maintenance projects in the area. 2. The Work that the Contractor performs involves operating units that in all cases must be kept running. This situation means that some of the Work is of an urgent nature, and therefore, will require at times, the acceptance of extreme fluctuations in labor demand. The Unions, by this Agreement, completely understand the necessity of these extremes and agree to make every effort to cause the manpower requirements of the Contractor to be fulfilled. In urgent circumstances the Unions agree that the Contractor, once having requested personnel from a Local Union, may temporarily assign employees already at the facility from one or more other crafts to assist the designated craft in performing the Work until the Local Union having jurisdiction has complied with the request for personnel. If insufficient skills are available at the facility the Contractor may transfer existing employees working under this Agreement from other facilities inside or outside of the territory of the Local Union having jurisdiction. With respect to transfers from facilities outside of the territory of the Local Union having jurisdiction, such transfers will be voluntary on the part of the employee. Also, the Contractor will pay travel expenses and the transferred employee(s) will receive the higher rate of pay between the two locations. Once the Local Union having jurisdiction has furnished the requested personnel, the substitute personnel will be replaced by them. This craft interchange will be ad-hoc in nature and will in no way set precedent for jurisdictional assignments by the Contractor. 3. The above shall not restrict the Contractor from soliciting and hiring qualified personnel from any other source, provided the Unions are unable to fulfill manpower requirements within forty-eight hours, emergencies excluded. 4. All employees hired by the Contractor shall, as As a condition of employment, become and remain members in good standing of commencing on the appropriate Union after the 7th eighth (8th) day following the beginning of such employment or the effective date of this Agreement, whichever is later, any employee covered by this Agreement shall be required to acquire and, for the duration of his employment, maintain membership in the Union and remain current in the payment of financial obligations to the Union to the extent enforceable under law. Section 2. Upon the written request of the Union, the Employer shall terminate the services of any employee who is in violation of the foregoing condition of employment. Section 3. This Section shall not apply in states that have "Right to Work" laws. Section 4. Either party to this Agreement shall have the right to reopen negotiations pertaining to this Article when the laws applicable thereto have been changed by giving the other party thirty (30) days written notice. Section 5. Any employee, who, at his/her time of employment is a member in good standing of a Union shall be considered in compliance with the Union Security Article in this contract so long as he/she maintains good standing in that Union. 6. The Contractor Employer agrees to be bound recognize the referral procedures established or negotiated by the hiring and book-classification layoff practices, if applicable, in the local area not inconsistent union provided they comply with the terms of this Agreement. In cases where a Contractor is signatory to an established national agreement with a Signatory International Union that contains provisions that supersede the referral terms in that Union’s local agreements, such provisions will apply at locations agreed to by a representative of the International Union. 7. On nuclear facilities it is agreed that applicants referred to the project under this Article shall be considered probationary employees until such time as they meet the owners’ security requirements not inconsistent with existing State and Federal laws, Executive Orders, and other rules or regulations governing civil rights to ensure that there shall be no discrimination in employment against any employee or applicant for employment because of race, creed, color, sex, age or national origin. This provision In hiring workers, the Employer shall not preclude such probationary retain the right of rejection of any applicant and the determination of the number of workers required. Section 6. The Employer shall have the right to employ a number of key employees’ rights under Article VII relative . Key employees are defined as a limited number of regular employees who have the experience and qualifications necessary to any grievance arising under any other section of do the work, and who are necessary to the Employer's efficiency in carrying out the work covered by this Agreement. The Employer shall furnish the Union with the names and social security numbers of all key employees when employed on the job. 8Section 7. An When the Employer requires any new employees or classifications covered by this Agreement, it may first call the Union to fill its request for employees who have had experience within the coverage of Article II, Section 1. If the Union is unable to furnish the experienced personnel needed by the Employer within twenty-four (24) hours, then the Employer may fill the requirements through its own source. In either event, when any employee who resigns from work at any project without sufficient notice to minimize the impact on critical work will not be hired with any other Contractor which has signed an LOA for a period of 30 days following is hired, his name, social security number, and the date of resignation. However, hire will be forwarded to the application Union at time of this provision to a particular employee may be waived when the Contractor which had employed the employee prior to resignation and the respective Local Union in the area where the employee wishes to work mutually agree that the individual can be hired. Such agreement shall not be unreasonably withheldhire.

Appears in 2 contracts

Samples: National Concrete Coring, Drilling and Sawing Agreement, National Concrete Coring, Drilling and Sawing Agreement

UNION SECURITY AND REFERRAL. 1A. The Contractor recognizes the Council as the sole and exclusive bargaining representative for all craft employees of the Contractor on this Project. B. The Contractor agrees to recognize and be bound by the legal referral facilities maintained by the Union(s) which are not inconsistent with the terms of this Agreement, including Article II, and shall notify the Union either in writing or by telephone when workers are required. C. All Contractors signatory to the Project Agreement must contact the Council Office to report their project’s scope of work, begin date, staffing needs, etc., at least ten days, except in emergencies, before beginning work. All Contractors signatory to the Project Agreement with the cost of labor expected to exceed $100,000 may be required to conduct a pre-job conference (teleconference if less than $100,000) as determined by the Council Office. The Unions are recognized Contractor will determine the date, time, and location of such conferences and make arrangements for the facilities for such meetings. D. Selection of applicants for referral to jobs shall be on a nondiscriminatory basis and shall not be based on or in any way affected by Union membership, by-laws, rules, regulations, constitutional provisions, or any other aspect of or obligation of Union membership, policies, or requirements. There shall be no discrimination against any employee or applicant for employment because of his/her membership or nonmembership in the Union. E. In the event the referral facilities maintained by the Union(s) are unable to fill the requisition of the Contractor(s) for employees within a 48-hour period after such a requisition is made (Saturday, Sunday, and holidays excluded), applicants for such requisition may be employed from any source. The 48-hour period does not apply in an emergency. F. The Contractor shall have the right to reject any applicant referred by the Union(s) for good and sufficient cause. Good and sufficient cause shall include failure to demonstrate competency in work processes or techniques through successful completion of tests as may be required by the Contractor. G. The Contractor shall have the right to hire lead foremen and foremen in accordance with Section B above and other key employees. Key employees are defined as craft employees who possess special skills or abilities and are not readily available in the area. The Contractor will also have the right to hire persons currently receiving benefits from the Office of Workers’ Compensation Programs (OWCP) as a source result of injuries or illnesses incurred as a result of TVA employment. The Union shall have the opportunity to refer qualified candidates for the positions of lead foremen and foremen and qualified OWCP recipients. These employees will be referred through the recognized craft referral procedure. In cases of employment referralsfor positions requiring special skills or qualifications, the Contractor will notify the Union(s) of the qualification tests or skills required and the Union(s) may refer any qualified applicant. The appropriate Local Unions will Contractor shall be contacted and the sole judge of all applicants’ qualifications. H. The Union(s) shall not refer all applicants employees employed at the project site by a signatory Contractor to other employment, nor shall the Union engage in other activities which encourage work force turnover or absenteeism. I. During a layoff, the Contractor has the right to retain the employees of their choice without regard to any other criteria. Employees terminated for cause may not again be referred for employment to the Owner’s project according to site for a period of not less than 90 days. After 90 days, such employees may be rehired at the standards or criteria uniformly applied to maintenance projects in the areaContractor’s sole discretion. 2. The Work J. An employee or applicant required to satisfactorily demonstrate his/her ability to perform certain tasks through an examination or test (e.g., welding tests) or to demonstrate expertise determined by the Contractor to be necessary to perform nuclear maintenance and modifications work (e.g., electrical splices, mechanical connections) or to satisfactorily complete requirements for nuclear plant access (e.g., General Employee Training) shall be paid for that time required to take the exam or test provided the employee or applicant successfully passes the exam or test. K. Plant maintenance and modifications that the Contractor performs involves operating units that in all cases must be kept running. This situation means that some of the Work work is of an urgent natureemergency nature and, and therefore, will require at times, times the acceptance of extreme fluctuations in the labor demand. The Council Unions, by this Agreement, completely understand the necessity of these extremes and agree to make every effort to cause fulfill the manpower staffing requirements of the Contractor to be fulfilled. In urgent circumstances the Unions agree that the Contractor, once having requested personnel from a Local Union, may temporarily assign employees already at the facility from one or more other crafts to assist the designated craft in performing the Work until the Local Union having jurisdiction has complied with the request for personnel. If insufficient skills are available at the facility the Contractor may transfer existing employees working under this Agreement from other facilities inside or outside of the territory of the Local Union having jurisdiction. With respect to transfers from facilities outside of the territory of the Local Union having jurisdiction, such transfers will be voluntary on the part of the employee. Also, the Contractor will pay travel expenses and the transferred employee(s) will receive the higher rate of pay between the two locations. Once the Local Union having jurisdiction has furnished the requested personnel, the substitute personnel will be replaced by them. This craft interchange will be ad-hoc in nature and will in no way set precedent for jurisdictional assignments by the Contractor. 3. The above shall not restrict the Contractor from soliciting and hiring qualified personnel from any other source, provided the Unions are unable to fulfill manpower requirements within forty-eight hours, emergencies excluded. 4. All employees hired by the Contractor shall, as a condition of employment, become and remain members in good standing of the appropriate Union after the 7th day following the beginning of such employment. 5. Any employee, who, at his/her time of employment is a member in good standing of a Union shall be considered in compliance with the Union Security Article in this contract so long as he/she maintains good standing in that Union. 6. The Contractor agrees to be bound by the hiring and book-classification layoff practices, if applicable, in the local area not inconsistent with the terms of this Agreement. In cases where a Contractor is signatory to an established national agreement with a Signatory International Union that contains provisions that supersede the referral terms in that Union’s local agreements, such provisions will apply at locations agreed to by a representative of the International Union. 7. On nuclear facilities it L. It is agreed that applicants referred to the project under this Article shall be considered probationary employees until such time as they meet any Owner or Contractor requirements for security or access clearance in connection with federal law or regulation. A Contractor employing craftsmen who are required to have Nuclear Regulatory Commission (NRC) clearance may request and shall be referred craftsmen who have currently active NRC clearances irrespective of their place on the owners’ security requirements not inconsistent with State and Federal lawsout-of-work list. This provision shall not preclude such probationary employees’ rights under Article VII relative to any grievance arising under any other section of this Agreement. Determinations as to whether a security or access clearance should be granted or revoked, or actions related thereto, are not subject to the grievance procedure. 8. An employee who resigns from work M. It is agreed that on any project, at any project without sufficient notice to minimize the impact on critical work will not be hired with any other Contractor which has signed an LOA for a period of 30 days following the date of resignation. HoweverContractor’s discretion, the application total number of this provision to apprentices and nonjourneymen in a particular employee may craft is not to exceed 33-1/3 percent of the craft work force. Apprentices and nonjourneymen shall only be waived when used in the crafts which recognize such classifications. In the event that the Local Unions cannot supply apprentices or nonjourneymen as required, the Contractor may hire from any source available to achieve the maximum ratio set forth above. Recognizing the need to maintain continuing support of apprenticeship and similar training programs, the Contractor will, to the extent permitted by job conditions, employ apprentices to perform work which had employed is performed by his/her craft and which is within his/her capabilities. The Contractor will be informed annually of TVA’s affirmative action goals for apprenticeship programs. When the employee prior Union cannot provide minority and women candidates adequate to resignation meet these goals or to permit the Contractor to be in compliance with the affirmative action requirements placed upon government Contractors and any contract requirements which the Owner may impose, the Contractor may acquire qualified candidates in underrepresented groups from any source. These candidates must meet the standards set forth in the appropriate Union apprenticeship program. N. The Contractor agrees that it will, when requested by the appropriate Union, deduct from the gross wages of each employee, who is at the time a member of the Union or has made application to become a member of the Union, current Union dues and any voluntary deductions for charitable contributions which are sponsored or supported by the Union representing the employee. The deductions shall be made by the Contractor upon presentation of a proper legal payroll deduction authorization for each such type of payment, signed by the employee, and requesting such deduction be made. The deductions made shall be remitted monthly in the following month to the respective Local Union in the area where the employee wishes to work mutually agree that the individual can be hired. Such agreement shall not be unreasonably withheldUnions.

Appears in 1 contract

Samples: Project Maintenance and Modification Agreement

UNION SECURITY AND REFERRAL. 1. The Unions are recognized by the Contractor as a source of employment referrals. The appropriate Local Unions will be contacted and shall refer all applicants for employment to the this project according to the standards or criteria uniformly applied to any maintenance projects project in the area.. (Bulletin 1) (Note: All Bulletins are available on-line at: xxxxx://xxxxx.xxx/agreements/.) 2. The Work Plant maintenance, repair and renovation that the Contractor performs involves operating units that in all cases must be kept running. This situation means that some of the Work work is of an urgent emergency nature, and therefore, will require at times, the acceptance of extreme fluctuations in the labor demand. The Unions, by this Agreement, completely understand the necessity of these extremes and agree to make every effort to cause fulfill the manpower requirements of the Contractor to be fulfilled. In urgent circumstances the Unions agree that the Contractor, once having requested personnel from a Local Union, may temporarily assign employees already at the facility from one or more other crafts to assist the designated craft in performing the Work until the Local Union having jurisdiction has complied with the request for personnel. If insufficient skills are available at the facility the Contractor may transfer existing employees working under this Agreement from other facilities inside or outside of the territory of the Local Union having jurisdiction. With respect to transfers from facilities outside of the territory of the Local Union having jurisdiction, such transfers will be voluntary on the part of the employee. Also, the Contractor will pay travel expenses and the transferred employee(s) will receive the higher rate of pay between the two locations. Once the Local Union having jurisdiction has furnished the requested personnel, the substitute personnel will be replaced by them. This craft interchange will be ad-hoc in nature and will in no way set precedent for jurisdictional assignments by the Contractor. 3. The above shall not restrict the Contractor from soliciting and hiring qualified personnel from any other source, provided the Unions are unable to fulfill manpower requirements within forty-eight hours, emergencies excluded. 4. All employees hired by the Contractor shall, as a condition of employment, become and remain members in good standing of the appropriate Union after the 7th day following the beginning of such employment. 5. Any employee, who, at his/her time of employment is a member in good standing of a Union any signatory Union, shall be considered in compliance with the Union Security provisions of this Article in this contract so long as he/she maintains good standing in that Union. 6. The Contractor agrees to be bound by the hiring and book-classification layoff practices, if applicable, practices in the local area not inconsistent with the terms of this Agreement. In cases where a Contractor is signatory to an established national agreement with a Signatory International Union that contains provisions that supersede Reverse layoff provisions, even when made part of the referral terms hiring hall procedures in that Union’s local agreements, such provisions will apply at locations agreed to by a representative are inconsistent with the terms of the International Unionthis Agreement and therefore are not recognized. 7. On nuclear facilities it is agreed that applicants referred to the project under this Article shall be considered probationary employees until such time as they meet the ownersOwners’ security requirements not inconsistent with State and Federal laws. This provision shall not preclude such probationary employees’ rights under Article VII relative to any grievance arising under any other section of this Agreement. 8. An employee who resigns from work at any project without sufficient notice to minimize the impact on critical work will not be hired with any other The Contractor which has signed an LOA for a period of 30 days following the date of resignation. However, the application of this provision to a particular employee may be waived when the Contractor which had employed the employee prior to resignation and the respective Local Union in the area where the employee wishes to work mutually agree that the individual can be hired. Such agreement shall not be unreasonably withheldrequired to pay the cost of an employee’s Transportation Worker Identification Credential (TWIC).

Appears in 1 contract

Samples: Project Maintenance Agreement

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UNION SECURITY AND REFERRAL. 1. The Unions are recognized by the Contractor as a source of employment referrals. The appropriate Local Unions will be contacted and shall refer all applicants for employment to the this project according to the standards or criteria uniformly applied to any Government ship maintenance projects project in the area.. (Bulletin 1) (Note: All Bulletins are available on-line at: xxxxx://xxxxx.xxx/agreements/.) 2. The Work U.S. Navy Ship maintenance, repair, modernization and overhaul that the Contractor performs involves operating units that in all cases must be kept running, or redeployed to the fleet to meet National Security needs. This situation means that some of the Work work is of an urgent emergency nature, and therefore, will require at times, the acceptance of extreme fluctuations in the labor demand. The Unions, by this Agreement, completely understand the necessity of these extremes and agree to make every effort to cause fulfill the manpower requirements of the Contractor to be fulfilled. In urgent circumstances the Unions agree that the Contractor, once having requested personnel from a Local Union, may temporarily assign employees already at the facility from one or more other crafts to assist the designated craft in performing the Work until the Local Union having jurisdiction has complied with the request for personnel. If insufficient skills are available at the facility the Contractor may transfer existing employees working under this Agreement from other facilities inside or outside of the territory of the Local Union having jurisdiction. With respect to transfers from facilities outside of the territory of the Local Union having jurisdiction, such transfers will be voluntary on the part of the employee. Also, the Contractor will pay travel expenses and the transferred employee(s) will receive the higher rate of pay between the two locations. Once the Local Union having jurisdiction has furnished the requested personnel, the substitute personnel will be replaced by them. This craft interchange will be ad-hoc in nature and will in no way set precedent for jurisdictional assignments by the Contractor. 3. The above shall not restrict the Contractor from soliciting and hiring qualified personnel from any other source, provided the Unions are unable to fulfill manpower requirements within forty-eight hours, emergencies excluded. 4. All employees hired by the Contractor shall, as a condition of employment, become and remain members in good standing of be referred to the appropriate applicable Local Union after the 7th day for potential membership immediately following the beginning of such employment. 5. Any employee, who, at his/her time of employment is a member in good standing of a Union any signatory Union, shall be considered in compliance with the Union Security provisions of this Article in this contract so long as he/she maintains good standing in that Union. 6. The Contractor agrees to be bound by the hiring and book-classification layoff practices, if applicable, practices in the local area not inconsistent with the terms of this Agreement. In cases where a Contractor is signatory to an established national agreement with a Signatory International Union that contains provisions that supersede Reverse layoff provisions, even when made part of the referral terms hiring hall procedures in that Union’s local agreements, such provisions will apply at locations agreed to by a representative are inconsistent with the terms of the International Unionthis Agreement and therefore are not recognized. 7. On nuclear facilities it is agreed that applicants referred to the project under this Article shall be considered probationary employees until such time as they meet the owners’ Government’s trade proficiency and security requirements not inconsistent with State and Federal laws. This provision shall not preclude such probationary employees’ rights under Article VII relative to any grievance arising under any other section of this Agreement. 8. An employee who resigns from work at any The International Unions involved agree that upon request, International Representatives shall be assigned without delay and attempt a project settlement in the event of a question on assignments. 9. The Contractor agrees that he shall abide by such jurisdictional agreements reached by and with International Union Representatives. 10. The International Unions agree that failing to reach a project decision, there shall be submitted a joint statement of facts and request to the General Presidents’ Committee for assistance in resolving said dispute. 11. The Contractor shall have the unqualified right to select and hire directly all supervisors it considers necessary and desirable without sufficient notice such persons being referred by the Unions and/or their respective local unions. The Contractor shall have the right to minimize determine the impact on critical work will not be hired with any other Contractor which has signed an LOA for a period competency of 30 days following the date of resignation. Howeverall employees, the application right to determine the number of employees required, and shall have the sole responsibility for selecting the employees to be laid off consistent with contract skills and knowledge requirements. The Contractor shall also have the right to reject any applicant referred by the Unions and/or their respective local unions based on personal interview or review of resume and experience. 12. The Unions represent that their local unions administer and control their referrals and it is agreed that these referrals will be made in a nondiscriminatory manner and in full compliance with Federal, State and local laws and regulations which require equal employment opportunities and non- discrimination. 13. The Employer agrees to be bound by the referral rules in a local area not inconsistent with the terms of this provision to Agreement provided that, where the referral rules that prevail in a particular employee may local area are on other than an exclusive basis, such rules shall be waived when applicable if not in violation of either State or Federal law. 14. The International Unions and their respective local unions shall not knowingly refer employees currently employed by the Contractor which had employed to other employment. 15. The International Unions and their respective local unions will exert their utmost efforts to recruit sufficient numbers of skilled employees to fulfill the employee prior manpower requirements of the Employer. 16. Where governmental agencies impose equal employment obligations on the Contractor's project, referral procedures shall be subordinate to resignation and the respective Local Union in the area where the employee wishes to work mutually agree that the individual can be hiredsuch obligations. Such agreement shall not be unreasonably withheld.SECTIONS 4 AND 5 DO NOT APPLY IN STATES WITH RIGHT TO WORK LAWS

Appears in 1 contract

Samples: u.s. Navy Ship Maintenance Agreement

UNION SECURITY AND REFERRAL. 13.1. The Contractor agrees that it will, when requested by the appropriate Union, deduct from the gross wages of each employee, who is at the time a member of the Union or has made application to become a member of the Union, current Union dues and any voluntary deductions for charitable contributions that are sponsored or supported by the Union representing the employee. The deductions shall be made by the Contractor upon presentation of a proper legal payroll deduction authorization for each such type of payment, signed by the employee, and requesting such deduction be made. The deductions made shall be remitted monthly in the following month to the respective LUs. 3.2. The Unions are recognized by the Contractor as a source of employment referrals. The appropriate Local Unions primary LU will be contacted first and shall refer all applicants for employment to the project for direct employment, according to the standards or criteria uniformly applied LU’s referral procedures, except as may be modified by the special provisions and requirements of this Agreement. When the primary LU is unable to maintenance projects in fill the areaContractor’s manpower requisitions, the Contractor has the right to hire qualified craft labor from other secondary Unions, subject to their policies, hiring procedures, and Appendix A/LRS. 23.3. The Work Unions acknowledge that the Contractor performs involves operating units that in all cases must be kept running. This situation means that some of the Work is of an urgent nature, and therefore, will require at times, the acceptance of extreme fluctuations in labor demand. The Unions, by demand may occur for emergency work scope performed under this Agreement, completely understand the necessity of these extremes Agreement and agree to will make every effort to cause fulfill the manpower requirements requests of the Contractor in a timely and expeditious manner. Emergency transfers are addressed and governed by Appendix A/LRS for each Union. 3.4. When the applicable primary and secondary Unions are unable to be fulfilled. In urgent circumstances fulfill the Unions agree that the Contractormanpower requests within twenty-four (24) hours, once having requested personnel from a Local Union, may temporarily assign employees already at the facility from one or more other crafts to assist the designated craft in performing the Work until the Local Union having jurisdiction has complied with the request for personnel. If insufficient skills are available at the facility the Contractor may transfer existing employees working under this Agreement from other facilities inside or outside of the territory of the Local Union having jurisdiction. With respect to transfers from facilities outside of the territory of the Local Union having jurisdiction, such transfers will be voluntary on the part of the employee. Alsoemergencies excluded, the Contractor will pay travel expenses and the transferred employee(s) will receive the higher rate of pay between the two locations. Once the Local Union having jurisdiction has furnished the requested personnel, the substitute personnel will be replaced by them. This craft interchange will be ad-hoc in nature and will in no way set precedent for jurisdictional assignments by the Contractor. 3. The above shall not restrict the Contractor be restricted from soliciting and hiring qualified personnel from any other sourcesource(s) directly at the project site. Applicants not referred by the Unions and hired directly at the project site shall be paid no less than a comparable compensation package, as referenced in the appropriate classification in Appendix A/LRS. The provisions of this Agreement shall not apply to any applicant until he or she is employed on a project. 3.5. At the Contractor’s sole discretion, a ratio of at least one (1) apprentice, helper, trainee, or other non- journeyman classification for every one (1) journeyman may be hired and maintained. In the event that the Union cannot supply apprentices, helpers, trainees, or other non-journeymen as required, the Contractor may hire from any source available to achieve the one-to-one ratio set forth above. Recognizing the need to maintain the continuing support of apprenticeship and similar training programs in the construction industry, the Contractor will, to the extent permitted by safety and job-site conditions, employ apprentices, helpers, trainees, or other non-journeymen to perform work that is safely within their capabilities. Special Classifications are referenced in Appendix A/LRS and are essential to reduce overall crew costs. 3.6. The LMCC will develop special provisions to address pre-employment processes and applicable background checks for plants covered by security- and site-access requirements mandated by the government, Owner, or others. 3.7. For all projects, modifications, and maintenance work performed by Contractors at plants and industrial facilities listed in Appendix B that are within the area jurisdiction of the Central Mississippi Building and Construction Council (Central Mississippi B&CC) or Gulf Coast B&CC, the Contractor (at any tier) agrees to deduct $0.10 per hour worked on the defined projects from the paycheck of each of its employees covered by this Agreement, provided that the Unions are unable to fulfill manpower requirements within forty-eight hours, emergencies excludedemployees have executed proper written authorization for such deduction. The deduction remittance shall be paid on a monthly basis no later than the fifteenth (15th) of each month following the calendar month in which the authorized deductions were made. Such deductions shall be specified on each Union’s LRS as a deduction from the base hourly rate. Not applicable for other locations. 43.8. All employees hired by The parties agree to facilitate the Contractor shallentry of veterans and wounded warriors who are interested in pursuing a career in the construction industry into the building and construction trades unions. The Contractors and Unions agree to use the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center’s “Helmets to Hardhats” (H2H) program to serve as a condition resource for advancing the entry of employment, become qualified veterans and remain members in good standing of wounded warriors into the appropriate Union after the 7th day following the beginning of such employmentconstruction industry trades. This paragraph is applicable on all projects. 5. Any employee, who, at his/her time of employment is a member in good standing of a Union shall be considered in compliance with the Union Security Article in this contract so long as he/she maintains good standing in that Union. 63.9. The Contractor agrees to be bound by Central Mississippi B&CC or Gulf Coast B&CC will accept referrals from the hiring and book-classification layoff practices, if applicable, in the local area not inconsistent with the terms Mississippi Department of this Agreement. In cases where a Contractor is signatory to an established national agreement with a Signatory International Union that contains provisions that supersede the referral terms in that Union’s local agreements, such provisions will apply at locations agreed to by a representative of the International UnionEmployment Security Workforce Investment Network (WIN) Centers. 7. On nuclear facilities it is agreed that applicants referred to the project under this Article shall be considered probationary employees until such time as they meet the owners’ security requirements not inconsistent with State and Federal laws. This provision shall not preclude such probationary employees’ rights under Article VII relative to any grievance arising under any other section of this Agreement. 8. An employee who resigns from work at any project without sufficient notice to minimize the impact on critical work will not be hired with any other Contractor which has signed an LOA for a period of 30 days following the date of resignation. However, the application of this provision to a particular employee may be waived when the Contractor which had employed the employee prior to resignation and the respective Local Union in the area where the employee wishes to work mutually agree that the individual can be hired. Such agreement shall not be unreasonably withheld.

Appears in 1 contract

Samples: Maintenance and Modification Agreement

UNION SECURITY AND REFERRAL. 15.1. The Employers recognize the Unions are recognized by signatory to this Agreement as the Contractor as a source sole and exclusive collective bargaining agents for their respective construction craft employees performing Covered Work for the Project, and further recognize the traditional and customary craft jurisdiction of employment referrals. The appropriate Local Unions will be contacted and shall refer all applicants for employment to the project according to the standards or criteria uniformly applied to maintenance projects in the areaeach Union. 2. The Work that the Contractor performs involves operating units that in all cases must be kept running. This situation means that some of the Work is of an urgent nature, and therefore, will require at times, the acceptance of extreme fluctuations in labor demand. The Unions, by this Agreement, completely understand the necessity of these extremes and agree to make every effort to cause the manpower requirements of the Contractor to be fulfilled. In urgent circumstances the Unions agree that the Contractor, once having requested personnel from a Local Union, may temporarily assign employees already at the facility from one or more other crafts to assist the designated craft in performing the Work until the Local Union having jurisdiction has complied with the request for personnel. If insufficient skills are available at the facility the Contractor may transfer existing employees working under this Agreement from other facilities inside or outside of the territory of the Local Union having jurisdiction. With respect to transfers from facilities outside of the territory of the Local Union having jurisdiction, such transfers will be voluntary on the part of the employee. Also, the Contractor will pay travel expenses and the transferred employee(s) will receive the higher rate of pay between the two locations. Once the Local Union having jurisdiction has furnished the requested personnel, the substitute personnel will be replaced by them. This craft interchange will be ad-hoc in nature and will in no way set precedent for jurisdictional assignments by the Contractor. 3. The above shall not restrict the Contractor from soliciting and hiring qualified personnel from any other source, provided the Unions are unable to fulfill manpower requirements within forty-eight hours, emergencies excluded. 45.2. All employees hired by the Contractor shall, as a condition of employment, performing Covered Work shall be or shall become and then remain members in good standing of the appropriate Union after as a condition of employment on or before the 7th eighth (8th) day of employment, or the eighth (8th) day following the beginning execution of such employmentthis Agreement, whichever is later. 55.3. Any employee, who, at his/her time of employment is a member in good standing of a Union The Unions shall be considered in compliance with the Union Security Article in this contract so long as he/she maintains good standing in that Union. 6source of all craft employees for Covered Work for the Project. The Contractor agrees Employers agree to be bound by the hiring and book-classification layoff practicespractices of the respective Union, if applicableincluding hiring of apprentices, and to utilize its registration facilities and referral systems. However, in the event the referral facilities maintained by the Unions do not refer qualified or appropriately skilled employees as requested by the Employer within a forty-eight (48) hour period after such request is made by the Employer (Saturdays, Sundays and Holidays excepted), the Employer may employ workers from any source. The Employer may hire employees by name that have special skills or have previous maintenance, construction or site experience. For any employee not referred by the Union, the Employer shall arrange for a dispatch to be issued for such applicant from the Union within twenty- four (24) hours of the commencement of employment, and the dispatch shall upon request be issued by the Union to the employee. 5.4. The Unions shall exert their utmost efforts, including requesting assistance from other local area unions, to recruit a sufficient number of qualified or appropriately skilled craft-persons to fulfill the labor requirements of the Employers. The Owner, Employers and the Unions are committed to fully and effectively implementing the requirements of SB 54 (Xxxxxxx, 2013). The parties agree that using a skilled and trained workforce is essential to ensure worker and public safety. To implement those requirements, except where requested by name by the Employer, the Unions shall dispatch journey-level workers who satisfy the criteria of Health & Safety Code section 25536.7 paragraph (b)(10)(C), and have graduated from an apprenticeship program as specified in paragraph (b)(10)(A), or have at least as many hours of on-the-job experience as specified in paragraph (b)(10)(A) and who are qualified or appropriately skilled, including experience working in a refinery environment, including training and certification to operate commonly used tools and equipment (e.g. forklifts, torqueing equipment, etc.). The referral facilities will give priority in dispatch to workers who, prior to dispatch, will meet the requirements of SB 54 such that the Employer can satisfy the criteria of Health & Safety Code section 25536.7, paragraphs (b)(10)(A), (b)(10)(C), and (b)(11). When requested by an Employer that has requested workers from the referral facilities to meet the requirements of Health & Safety Code section 25536.7, paragraphs (b)(10)(A), (b)(10)(C), and/or (b)(11)(B)(iii) and, due to workforce shortages, the Employer is unable to obtain sufficient such workers within 48 hours of the request (Saturdays, Sundays, and holidays excepted), the Union will provide a letter to the Employer within 24 hours attesting that sufficient workers meeting those requirements are temporarily unavailable (“Attestation Letter”). The Attestation Letter shall be in the form attached to this Agreement as Attachment B. 5.5. The Owner and other Employers agree to accept, as meeting the requirements of Health & Safety Code paragraph 25536.7(b)(10)(C), certificates or other valid proof of training completion for workers who have completed the portion of the advanced safety training program provided by a Joint Apprenticeship Committee co-sponsored by one of the Unions and approved by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations that meets the requirements of Health & Safety Code paragraph 25536.7(b)(10)(C). The advanced safety training as required by California law is a state mandated requirement and the time required for the training is non-compensable. 5.6. The Owner shall maintain a list of individuals who previously have been terminated by Owner or terminated or barred from Owner’s premises by a contractor at Owner’s request. Any individual on such list shall not inconsistent be allowed to return to Owner’s premises or to perform work related to any Project. Disputes arising under this section are not subject to the grievance or other dispute resolution provisions of this Agreement or a Master Agreement, except for disputes over mistaken identity, i.e., whether the individual denied access to Owner’s premises is the same individual whose name appears on Owner’s list. The parties agree that, on Employer’s request, Owner will reconsider whether an individual should remain on the list. 5.7. Subject to applicable law, the Unions shall make all efforts to source local residents as provided in all applicable community outreach programs and agreements and shall cooperate with each Employer’s efforts to comply with all applicable laws, goals and regulations related to such local hiring requirements. 5.8. Each Union shall have the terms of right to designate a working craft journeyman as xxxxxxx under this Agreement. In cases where Such designated xxxxxxx shall be a qualified xxxxxxx assigned to a crew and shall perform the work of that craft. Stewards shall be permitted a reasonable amount of time during working hours to perform applicable union duties. Under no circumstances shall there be non- working stewards. The xxxxxxx shall not perform supervisory duties. 5.9. The xxxxxxx shall be the last journeyman to be laid off in his craft, provided that he is qualified to perform the required work. If Contractors work multiple shifts, each Union may designate a xxxxxxx for each shift worked. The Union shall be given twenty-four (24) hour notice by the applicable Contractor before a xxxxxxx is signatory laid off or terminated. 5.10. The Contractor shall appoint a Representative who shall cooperate with the on-site Union Representative in the exchange of information which will be beneficial to an established national agreement with a Signatory International Union that contains provisions that supersede the referral terms in that Union’s local agreements, such provisions will apply at locations agreed to by a representative harmonious operation of the International Unionproject. 75.11. On nuclear facilities it is agreed that applicants referred to Upon receiving permission of the project under this Article Contractor, officials of any of the Unions shall be considered probationary employees until such granted the privilege of entering the premises of the Owner at any time as they meet the owners’ security requirements not inconsistent with State and Federal laws. This provision shall not preclude such probationary employees’ rights under Article VII relative during regular daylight hours to any grievance arising under any other section of access projects covered by this Agreement. 8. An employee who resigns from work at any project without sufficient notice to minimize the impact on critical work will not Requests shall be hired with any other Contractor which has signed an LOA for a period of 30 days following the date of resignation. However, the application of this provision to a particular employee may be waived when arranged through the Contractor which had employed for such visitations in keeping with Owner's uniform rules of safety and security as expeditiously as possible. Each Union shall designate one (1) official and one alternate as its representatives and so inform the employee prior to resignation and the respective Local Union in the area where the employee wishes to work mutually agree that the individual can be hired. Such agreement shall not be unreasonably withheldContractor.

Appears in 1 contract

Samples: Construction & Maintenance Labor Agreement

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