Section 1. Registration of Availability for Referral
An applicant seeking referral to a job must file with Local 66 a signed and dated referral form providing name, telephone number and social security number, and stating any skills the applicant possesses and the jobs the applicant is able to perform, including any relevant licenses or certifications, and setting for the geographic locations in which the applicant is willing to accept work. Blank referral forms will be available at the offices of Local 66. An applicant on the Out of Work List shall be a journeyperson as determined by the Joint Apprenticeship Training Committee (“JATC”) or enrolled as an apprentice in the JATC administered program. If the JATC has determined an applicant lacks sufficient experience in a particular skill area and requires that the applicant undergo further training, the applicant will not be eligible for referral in that area until the JATC deems him/her qualified in that area. Local 66 may confirm any prior employment, licenses, or certifications listed by an applicant. Local 66 has five business days from the time a member places his or her name on the Out-of Work List to challenge an applicant’s representations concerning his or her prior employment, licenses, or certifications. If Local 66 makes a timely challenge, it must promptly notify the applicant in writing, who shall have five business days from the receipt of this notice in which to respond and to submit any relevant information. Any applicant who remains aggrieved by a final decision of Local 66 may file a protest with the Independent Hearing Officer, who shall finally resolve all such disputes in accordance with procedures that he shall establish.
Apprentices shall be referred under a separate out-of-work list, and shall be listed according to their apprenticeship year. Where a job calls for a particular type of work specified in the Work Process Schedule for a Construction Craft Laborer under a state or federal Bureau of Apprenticeship Training approved Apprenticeship Program, the dispatcher may pass over an Apprentice who has attained the required work experience in that area and refer the next available Apprentice who has not satisfied that requirement. Apprentices shall not be required to posses the skill qualifications otherwise specified by the Employer, and the referral form for Apprentices need not request information on Apprentices’ skills.
Only applicants who are not currently employed within the trade jurisdiction of Local 66 can register their availability for referral (except as specifically provided below in §2(C) on short term referrals). Applicants who, after registering their availability for referral, on their own, obtain one or more jobs at the trade must advise Local 66 within 24 hours. Those applicants will then be removed from the out-of-work lists, subject to the provisions at §2(C) on short-term referrals. Failure to advise Local 66 of such employment as required herein will result in the applicant being removed from the out-of-work lists for a period of 14 days during which the applicant would otherwise have been registered and eligible for referral. Local 66 members in retiree status (and thus subject to a cap on their hours of work) shall not be permitted to register for referral on the Out of Work List.
Applicants shall be removed from the out-of-work lists upon receiving a job referral, subject to the provisions at §2(C) on short term referrals. An applicant who is laid off or discharged from a job must again register his or her availability in order to be included on the out-of-work lists.
Once an applicant has registered his or her availability for referral, by filing a signed referral form with Local 66, the applicant may afterward register his or her availability by telephone, telefax or letter to Local 66.
An applicant’s registration of availability for referral shall be in effect for the calendar quarter in which the registration of availability is filed (i.e. January 1 through March 31; April 1 through June 30; July 1 through September 30; or October 1 through December 31). An applicant must again register his or her availability by telephone, telefax, letter, or in person within the first five business days of the following calendar quarter in order to retain his or her position on the Out-of-Work lists.
Section 2. Referral Procedure
Applicants on the out-of-work lists shall be referred to jobs in the order in which they have registered their availability for referral, with the first registered applicant referred first, provided that the applicant has indicated that he or she has the qualifications requested by the employer and is willing to work in the geographic location of the job, and further provided that said applicant has not been rejected and deemed unsatisfactory for work in writing by the employer making the request for workers.
Written requests by an employer for specific individuals shall be fulfilled, as required by applicable collective bargaining agreements. Said written requests may be forwarded to Local 66 by telefax.
An applicant who is referred to a job or jobs which cumulatively last 80 hours or less either because (1) the job or jobs are terminated, or (2) the applicant is laid off or discharged, will return to his or her position on the Out-of Work List if the applicant notifies the Local 66 Hiring Hall within 24 hours of each such lay-off or termination, but shall be placed at the bottom of the applicable Out-of Work List if any such notice is provided more than 24 hours after the termination or lay off. The short term referral provisions herein are inapplicable and the applicant will be removed from the Out-of-Work list for a period of 14 days during which the applicant would otherwise have been registered and eligible for referral if the applicant takes any actions within the first 80 hours of employment designed to manipulate these provisions of the Hiring Hall Rules, such as voluntarily quitting or requested to be laid off or discharged from a job to which the applicant is referred. After such a 14-day period, the applicant may once again register, whereupon he shall be placed at the bottom of the applicable out-of-work list regardless of the number of hours worked.
D. To notify an applicant of a job referral, Local 66 will call the applicant at the telephone number provided by the applicant on the referral form between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday, and shall allow the telephone to ring no fewer than ten times. Local 66 will record the date and time of the call, the person making the call, the name of the employer, the location of the jobs, the start date of the job, and the results of the call, including whether the call was answered, by whom and what response, if any, was made. Only the applicant may accept a job referral. In the event the call is answered by a third party or an answering machine, Local 66 shall leave a message indicating that an attempt at a referral was made, shall record the same as required, and shall proceed to the next applicant with the required skills on the out-of-work list. Local 66 shall not be required to hold open work referrals as a result of leaving a message with any third party or answering machine, and the applicant shall be considered unavailable unless he/she successfully contacts the Hiring Hall within 30 minutes of the placement of the initial call. The Hiring Hall shall only be required to offer the referral to the applicant as a result of such a returned call if the referral has not otherwise since been filled. An applicant shall not be considered unavailable, and shall not be called, if the applicant has given Local 66 notice in writing of unavailability for a cumulative period not to exceed thirty days in any period for which the applicant has the same list number.
E. Any applicant who is twice deemed unavailable or twice refuses referrals shall be removed from the Out-of-Work-List and shall be required to re-register in order to be eligible for future referrals.
F. In the event Local 66 receives notice from an employer of its need for workers that provides the Union fewer than three (3) regular business hours (i.e. 8:00 a.m. – 4:30 p.m.) to fulfill the request, the Union shall attempt to contact applicants, one time each, successively utilizing the following procedures to the extent necessary to refer sufficient workers; within each of the following categories the Local will contact applicants in the order they appear on the applicable Out-of-Work-List: (i) if the attempt to refer applicants occurs during regular business hours, by contacting applicants present at the Hiring Hall or at union activity sites who have completed a sign-in sheet made available for that purpose; (ii) by contacting applicants who have registered with the Union as residing in the town in which workers are needed; (iii) by contacting applicants who have registered with the Union as residing in the county in which workers are needed (i.e. Nassau, Western Sufflok, and Eastern Suffolk, with Suffolk divided by Route 112, and with applicants residing in any of the five boroughs of New York City being treated for this purpose as residing in Nassau County); and iv) by contacting the remaining applicants on the applicable Out of Work List. The refusal or unavailability of an applicant to accept a short notice job under any of the provisions of this Section 2(F) shall not be considered a refusal or unavailability for referral purposes under Section 2(E) of these Hiring Hall Rules.
If while attempting to contact applicants for referral to a short-notice job under paragraph 2(F) above, or within two hours of filling any such request, Local 66 receives an additional short-notice request for labor, the Local shall not call applicants who refused or were unavailable for the preceding referral or other referrals that were filled in the preceding two hours, until it has called all other applicants on the applicable Out-of-Work List.
H. All applicants on the Out of Work list shall be eligible for participation in union activity at job sites and such opportunities shall be offered to applicants in the same order and in the same manner as regular job referrals, which shall include, but not be limited to, counting a refusal of such an opportunity or an unavailability for referral as an incident under Section 2, E above. The preceding notwithstanding, applicants who participate in such union activity shall retain their position on the list and, when applicable, shall be called for job referrals pursuant to these Rules at the location of their union activity.
I. When Local 66 determines that the applicant who is first on the Out-of-Work List cannot be referred because of refusal, unavailability, written confirmation of rejection by or unacceptability to the requesting employer, lack of required skills, or unwillingness to work at the location of the job, Local 66 will then refer the next applicant on the out-of-work list who is willing, available, has not previously in writing been rejected by or deemed unacceptable to the requesting employer, has the required skills, and is willing to work at the location of the job.
J. An applicant shall not be referred to an employer if the applicant was previously discharged for cause or rejected in writing by the same employer. The preceding shall not limit the right of the Employer to reject any applicant for employment as provided in a collective bargaining agreement, and the Local shall not be required to contact an applicant for referral to a job where the Employer has informed the Local that it will not accept the applicant for employment on the job. Applicants who are twice lawfully rejected by employers, confirmed in writing, for lack of skills, alcohol or substance abuse, or other incidents of gross negligence or gross incompetence, after referral by Local 66, shall not be eligible for referral to a job requiring the same skills, or in the case of the other referenced reasons for rejection, to any job, without first providing Local 66 with references from two employers post-dating the rejections, showing the applicant has demonstrated the skills and/or competence required to perform the work.
K. When an applicant is referred to a job but does not report as required, the applicant shall be ineligible for referral by Local 66 according to the following schedule: (i) for the first failure to report in any 12-month period the person shall not be eligible for referral for fourteen-days; (ii) for the second failure to report in any 12-month period the person shall not be eligible for referral for thirty days; and (iii) for the third failure to report in any 12-month period (or any failure to report in excess of three in any 12-month period) the person shall not be eligible for referral for 90 days plus such additional time as it may take the applicant to provide the Hiring Hall with two positive references from employers postdating the last violation indicating that the applicant worked for the employer and had no attendance problems. At the end of the applicable period of ineligibility for referral, the applicant may once again register for referral. E.g. an applicant who has failures to report in January, March, and November 2002 would serve a fourteen day suspension after the first incident, a thirty day suspension after the second incident, a ninety day suspension after the third incident (plus such additional time as it may take to obtain two positive references), and would serve another ninety day plus two positive reference suspension if he had an additional failure to report within 12 months following the March 2002 suspension. Local 66 may waive any of the above referenced penalties where the applicant demonstrates by clear and convincing evidence submitted within 48 hours of the start of the job that the failure to report was due to factors beyond his or her control and that he or she made a timely, good faith effort to inform Local 66 that he or she would not be able to report for the job. Local 66 may also waive any of the above referenced penalties and/or retain an applicant’s position on the Out of Work List without making calls to him for up to three days where the applicant is unable to report and/or unavailable because of a death in the family.
L. The responsibility of the Local 66 Business Manager regarding the union office of Steward under the Uniform Local Constitution, Article IV, Section E(3), and specifically his responsibility to appoint and supervise Stewards, shall not be repealed or superseded by these Rules.
Section 3. Dissemination of the Job Referral Rules
These rules shall be conspicuously posted at the offices of Local 66. An additional copy of these rules shall be made available to members of Local 66 and to applicants upon request. Multiple copies of these rules shall be made available to members of Local 66 and to applicants upon request subject to the payment of reasonable copying costs. New members of Local 66 shall receive a copy of the job referral rules upon admission to membership.
Section 4. Job Referral Information
Local 66 shall maintain accurate and current records of all job referrals. The records shall be preserved for a period of three years from the making of each record. The records shall include the following information:
All registration by applicants of their availability for referral, including the date of each applicant’s registration;
Current out-of-work lists, including all applicants whose registration of availability for referral are then in effect, and the date of each applicant’s registration;
All requests from employers for workers, including the date of each request, the location of the job site, the length of the job, if known, and any request by the employer for applicants with special skills, licenses, or certifications, or an applicant employed by the employer pursuant to 2(B) above;
All instances where a job referral is not made because of an applicant (1) refuses the referral, (2) is unavailable, (3) has previously been rejected in writing by the requesting employer, or (4) lacks the required skills, including (where applicable) the date and time of the call(s), the person making the call(s), the name of the employer, the location of the job site, the start date of the job, the basis for not making the referral, the results of the call, including whether the call was answered and by whom, and what response, if any, was made; and
All job referrals made, including the applicant referred, the date on which the applicant registered his or her availability for employment, the date of the referral, the employer, the location of the job site, and the date the applicant was hired.
Section 5. Access to Job Referral Information
Any applicant can inspect or copy any record containing the job referral information described in §4. An appointment for inspection shall be scheduled for within five (5) days of request. Copies of 500 pages or less shall be provided within ten (10) days of request. Copies of more than 500 pages shall be provided within thirty (30) days of a request. Local 66 will charge $.50 per page to copy the first twenty (20) pages, and $.25 per page thereafter. A request for copies shall be deemed to be effective from the date the copy cost is paid to Local 66.
Lists containing the information described in §4(B) and (E) shall be conspicuously posted; or otherwise immediately available for inspection, at the offices of Local 66 on a weekly basis, so that the previous week is posted or immediately available by the close of business on the following Monday. The information shall remain posted or immediately available for at least two weeks.
Section 6. Multiple Out-of-Work Lists
Local 66 has established three out-of-work sub-lists based upon the applicants’ lifetime hours of work at the trade, or having been credited with equivalent qualification by the JATC. Effective July 1, 2004, eligibility for said lists is as follows:
List A: 4,000 or more hours of work at the trade.
List B: 2,000 to 3,999 hours of work at the trade.
List C: Fewer than 1,999 hours of work at the trade.
B. The preceding notwithstanding, an applicant shall only be eligible to register on the B List or the C List if he/she was either: (i) on the B or C List on or after July 1, 2005, or ii) was on the B or C List on or after July 1, 2004 and can demonstrate that he/she worked at least 2000 hours under Local 66 collective bargaining agreements between his/her last appearance on such list through July 1, 2006. Applicants who have had their membership in Local 66 terminated since their last appearance on the B or C List shall not be eligible to again register on such lists.
C. Requests by employers for workers shall be filled first from List A, then from List B, and then from List C.
Section 7. Miscellaneous
A. Referrals to jobs will be on a nondiscriminatory basis and will not be based on, or in any way affected by, race, gender, national origin, sexual orientation, disability, religion, or lawful union-related activity.
B. All referrals by a Local union to jobs within its jurisdiction shall be made in accordance with these rules except to the extent that any rule contained herein conflicts with either provincial law or with a term of collective bargaining agreement or in accordance with a variance granted under Section 7, C. below. Any Local Union that concludes that these rules conflict with provincial law or the term of a collective bargaining agreement shall apply to the GEB Attorney, furnishing such information as he shall determine. The GEB Attorney shall advise the Local Union in writing whether such a conflict exists. In cases where a term of a collective bargaining agreement conflicts with these rules, the Local Union or district council shall use its best efforts to modify that term in any successor agreement in order to fully conform to these rules. All newly negotiated agreements should include these rules and, where applicable, the Local Union or district council shall use its best efforts to include an exclusive hiring hall provision in all successor or newly negotiated collective bargaining agreements.
C. Application for a variance from a provision(s) of these Rules may be made in writing to the General Executive Board Attorney. The General Executive Board Attorney may grant such an application provided he determines that the variance is consistent with the LIUNA Ethical Practices Code, with applicable law, and is intended to further a legitimate purpose. Any such variance shall be effective for a period for a period of one year and shall be subject to further application to the General Executive Board Attorney in order to continue beyond one year. Further, a variance shall be subject to any other condition imposed by the General Executive Board Attorney.
D. Any complaints or concerns regarding alleged violations of the Code of Ethics and/or Uniform Job Referral Rules to discriminate, punish, retaliate or reward members for their Union political or election activity should be promptly addressed to Inspector General W. Douglas Gow, (202) 942-2360.
FAX (631) 249-6903