Exclusive Hiring Hall – Industrial Painter
Section 1. The Union shall be the sole and exclusive source of referrals of applicants for employment.
Section 2. The Employer shall have the right to reject any applicant for employment.
Section 3. The Union shall select and refer applicants for employment without discrimination against such applicants by reason of membership or non-membership in the Union and such selection and referral shall not be affected in any way by rules or regulations, bylaws, constitutional provisions, or any other aspect or obligation of the Union membership policies or requirements. All such selection and referral shall be in accordance with the following procedure set forth in this Article.
Section 4. The Union shall maintain a register of qualified journeyperson applicants for employment, established on the basis of the following Groups listed, Each applicant for employment shall be registered in the highest priority Group in which he or she qualifies. Applicants shall then be referred to available jobs by means of “Group priority” in the chronological order in which they register in the Group. When all qualified applicants in Group I have been referred, qualified applicants from Group II shall be referred.
Group I: All qualified journeyperson applicants for employment who are residents of the geographic jurisdictional area of District Council 711, Local 1331 constituting the normal bridge, tank and structural steel painting labor market and who have been employed for a period of at least one (1) year in the last three (3) years
Group II: All other applicants for employment who satisfy the requirements for “qualified journeyperson” status.
For the purpose of satisfying the standard set forth in the Group I or Group II provisions, a “qualified journeyperson” shall be any applicant who has at least three (3) years of actual, practical working experience in the trade as a journeyperson or an apprentice; and
Has successfully served an apprenticeship at the trade under the apprentice program established by an IUPAT- affiliated District Council (or Local Union); or
Has passed a journeyman examination given by the District Council 711 Examining Board; or
Has successfully passed a competency examination that adequately tests the degree of skill and training necessary to be a competent journeyperson.
2. “Resident” means a person who has maintained his or her permanent home in the above-defined geographical area for a period of not less than one (1) year or who, having had a permanent home in this area, has temporarily left with the intention of returning home to this area as his or her permanent home.
3. “Examination” is defined to include only written and/or practical examinations given by the IUPAT District Council 711 FTI Apprentice Committee or the IUPAT District Council 711 Examining Board, or by any duly constituted District Council or Local Union affiliated with the IUPAT. If the registration list is exhausted, and the Union is unable to refer applicants for employment to the Employer within 48 hours from the time of receiving the Employer’s request, except Saturdays, Sundays, and holidays; the Employer
shall be free to secure applicants without using the referral procedure. The Employer shall notify the Union within five (5) days of their date of hire of the names, addresses, and Social Security numbers of such directly hired employees.
Section 5. Employers shall advise the Union of the number of applicants and any special skills and certifications needed. The Union shall refer applicants to the Employer by first referring applicants in Group I in the order of their places on the register, and then referring applicants in the same manner, successively, from the other groups. This provision, and the language set forth in Section 4 notwithstanding, an Employer shall be permitted to review the available names of applicants on the referral list and select individuals for referral as follows: The Employer may recall individuals who have been employed by the Employer within the past twenty-four (24) months, notwithstanding their place on the referral list; and the Employer may select individuals with special skills and certifications; and the Employer may select an individual by name after reviewing the available referral list, notwithstanding his/her place on the referral list.
Section 6. For one (1) time project agreements and for organizing purposes the Union has the right to refer applicants for employment notwithstanding their place on the referral list.
Section 7. Any applicant may be rejected by the Employer in writing within twenty four (24) hours, in which case the applicant shall be returned to his/her appropriate place within his or her group, and shall be referred to other employment in accordance with the position of the group and his or her place within the group.
Section 8. Any applicant who refuses two (2) offers of employment or quits a job he/she has been referred will have their name placed at the bottom of the referral list.
Section 9. Once an employee accumulates forty (40) hours of employment collectively from signatory contractors of the IUPAT his/her name will be removed from the referral list.
Section 10. When an employee is laid off from employment he/she will call the Union office to have his/her name placed on the referral list.
(b) A termination shall not be considered “for just cause” for purpose of this provision if the person referred for employment has filed a grievance challenging the propriety of his or her termination, unless and until the grievance is resolved in a manner that affirms the termination for just cause. For the purpose of this provision, a decision of the District Council Joint Trade Board and/or an arbitrator shall be final and binding.
(c) The provisions in subsections (a) and (b) notwithstanding, a Termination Review Committee, composed of the members of the District Council Joint Trade Board [or, alternatively, if there is no Joint Board, “composed of two (2) members appointed by the Business Manager/Secretary Treasurer of the District Council and two (2) members appointed by the Employer Association”] may, upon written request of the applicant, vacate or reduce the period of suspension should the Committee determine, following inquiry or investigation, in its sole and complete discretion, that equity requires such action.