|
|
 |
|
laborlocal
laborers435.com

HIRING HALL GUIDELINES FOR U.S. AFFILIATES LABORERS'
INTERNATIONAL UNION OF NORTH AMERICA 1. Requirements and Review Process Each Local Union in the United States shall adopt written referral rules conforming to the revised Hiring Hall Guidelines, set forth below. The purpose of these Hiring Hall Guidelines is to maintain and
administer a processing system for referral of applicants to employment in a fair and equitable manner,
and to establish records and procedures which will be adequate to disclose fully the basis on which each
referral is made. All rules and policies pertaining to the
referral of applicants must be written and prominently posted in the Local Union office and hiring hall.
All referral issues notspecifically mandated by the following Guidelines must
be individually approved by membership vote at two consecutive meetings and then submitted, with the relevant
minutes, for GEB Attorney review and approval. Once approved by the GEB Attorney, all
referral rules will remain in effect indefinitely; renewed approval is not required. All referral issues notspecifically mandated by the following Guidelines must be individually
approved by membership vote at two consecutive meetings and then submitted, with the relevant minutes,
for GEB Attorney review and approval. Once approved by the GEB Attorney, all referral
rules will remain in effect indefinitely; renewed approval is not required. 2. Non-Discrimination in Job Referrals 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. 3. Effect on Hiring Hall Guidelines All referrals by a Local Union to jobs within its jurisdiction shall be made in accordance with these
Guidelines except to the extent that any rule contained herein conflicts with a term of collective bargaining
agreement. Any Local Union that concludes that these Guidelines conflict with the term of a collective
bargaining agreement shall submit a Notice of Conflict citing the relevant sections of the agreement and
the Hiring Hall Guidelines to the GEB Attorney. The GEB Attorney shall advise the Local Union in writing
whether such a conflict exists. 4. Registration of Availability
for Referral A. An applicant seeking referral to a job must file with the
Local Union a signed and datedreferral form providing name, telephone number, 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. Blank referral forms will be available at the Local Union.
The Local Union will compile an out-of-work list, consisting of the applicants who have registered their
availability for referral, listed in order of seniority according to their date of registration. The Local
Union may confirm any prior employment, licenses, or certifications listed by an applicant. The Local Union
may challenge an applicant's representations concerning his prior employment, licenses, or certifications.
If the Local Union makes a 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 the Local Union may file a protest
with the Independent Hearing Officer, who shall finally resolve all such disputes. An applicant seeking referral to a job must file with the Local Union a signed and datedreferral
form providing name, telephone number, 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. Blank
referral forms will be available at the Local Union. The Local Union will compile an out-of-work list,
consisting of the applicants who have registered their availability for referral, listed in order of seniority
according to their date of registration. The Local Union may confirm any prior employment, licenses, or certifications listed by an applicant. The Local Union may challenge an applicant's representations
concerning his prior employment, licenses, or certifications. If the Local Union makes a 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 the Local Union may file a protest with the Independent Hearing Officer, who shall
finally resolve all such disputes. B. Apprentices shall be referred under a separate out-of-work list, in order according to therequirements
of the apprenticeship program. Apprentices shall be referred under
a separate out-of-work list, in order according to therequirements of the apprenticeship program. C. Only applicants who are not currently employed at the
trade may register their availabilityfor referral. Only
applicants who are not currently employed at the trade may register their availabilityfor referral. D. Applicants shall be removed from the out-of-work list
upon receiving a job referral,subject to the Local Union’s stated short-term referral policy (this may
include instituting a policy whereby applicants are removed from the referral list after a single referral, Applicants shall be removed from the out-of-work list upon receiving a job referral,subject
to the Local Union’s stated short-term referral policy (this may include instituting a policy whereby
applicants are removed from the referral list after a single referral, regardless
of the duration of the job). An applicant who is laid off or discharged froma
job must again register his or her availability for referral by telephone, postcard, or in person, in accordance
with the Local Union’s written policy, in order to be included on the out-of-work list. ). An applicant who is laid off or discharged froma job must again register his or
her availability for referral by telephone, postcard, or in person, in accordance with the Local Union’s
written policy, in order to be included on the out-of-work list. E. Applicants must also register their availability for referral periodically
(once each month,ninety days, or half year), in accordance with the Local Union’s written policy. Applicants must also register their availability for referral periodically (once each month,ninety
days, or half year), in accordance with the Local Union’s written policy. 5. Referral Procedure A. Applicants on the out-of-work list shall
be referred to jobs in the order in which they haveregistered their availability for referral, with the first
registered applicant referred first, provided that the applicant has the qualifications requested by the
employer. Applicants on the out-of-work list shall be referred
to jobs in the order in which they haveregistered their availability for referral, with the first registered
applicant referred first, provided that the applicant has the qualifications requested by the employer. B. Requests by an employer for specific applicants should
be made in writing or, if madeorally, shall be confirmed promptly by the employer in writing. Requests by an employer for specific applicants should be made in writing or, if madeorally,
shall be confirmed promptly by the employer in writing. C.
The Local Union shall record all employer requests for laborers, the date and time of therequest,
the name of the dispatcher, the name of the employer, the location of the job, and the start date of the
job. The Local Union shall record all employer requests for laborers,
the date and time of therequest, the name of the dispatcher, the name of the employer, the location of the
job, and the start date of the job. D. An applicant shall not be referred to an employer if the applicant was previouslydischarged
for cause by the same employer. An applicant shall not be referred
to an employer if the applicant was previouslydischarged for cause by the same employer. 6. Dissemination of the Referral Rules All rules and referral policies must be in writing. These Guidelines and all Local Union referral rules
and policies must be posted conspicuously in the office and hiring hall of each Local Union, where they
are available for review at all times in which the Local Union is open. Additional copies of these Guidelines
and all Local Union referral rules shall be made available to members upon request, subject to the payment
of reasonable copying costs. New members shall receive a free copy of the job referral rules upon admission
to membership. 7. Job Referral Records A Local Union shall maintain accurate and current records of all job referrals. The
records shall be preserved for a period of three (3) years from the making of each record. The records
shall include the following information: A.
Under telephone referral systems where the Local Union calls the applicant, theLocal
Union must record all referral attempts, including the date and time of the call(s), the name of the person
making the call(s), and the outcome of the call. , theLocal
Union must record all referral attempts, including the date and time of the call(s), the name of the person
making the call(s), and the outcome of the call. B. Under telephone
bid systems, the Local Union must record every bid received,including the name
of the applicant, the time of his or her call, the name of the office employee who took the call, and the
job the applicant was bidding for. , the Local Union must record
every bid received,including the name of the applicant, the time of his or her call, the name of the office employee who took the call, and the job the applicant was bidding for. C. Under in-person referral systems , the Local Union must record the
attendance ofevery applicant and the outcome of each attempted referral made by the Local Union or bid
for referral made by the applicant. , the Local Union must record
the attendance ofevery applicant and the outcome of each attempted referral made by the Local Union or bid for referral made by the applicant. D. Under
all referral systems , the Local Union must also record: , the Local Union must also record:i. All registration by applicants of their availability for referral, including the date ofeach applicant's
registration; All registration by applicants of their availability
for referral, including the date ofeach applicant's registration; ii. A current out-of-work list, including all applicants whose registrations
ofavailability for referral are then in effect, listing the date of each applicant's registration,
and organized according to seniority. A current out-of-work list,
including all applicants whose registrations ofavailability for referral are then in effect, listing the date
of each applicant's registration, and organized according to seniority. iii. All requests from employers for workers, including the date of
each request, thename of the employer, 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 a specific applicant pursuant to 5(B), above. All requests from
employers for workers, including the date of each request, thename of the employer, 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 a specific applicant pursuant to 5(B), above. iv. All job referrals made, including the name of the employer, the
applicant referred,the date on which the applicant registered his or her availability for employment, the date of the referral, the location of the job site, the date the applicant was hired,
and the date any employment terminated. All job referrals made,
including the name of the employer, the applicant referred,the date on which the applicant registered his
or her availability for employment, the date of the referral, the location of the job site, the date the
applicant was hired, and the date any employment terminated. 8. Access to Job Referral Information A. The Local Union must
promptly respond to any applicant’s request for access to anyrecord containing the job referral information
described in §7, pertaining to periods during which the applicant was registered for referral. Access
to records includes the right to photocopy or take notes from all referral documents. Local Unions may
adopt rules that restrict access to Social Security Numbers and, where there is a concern that such information may be misused in a manner contrary to the interests of the local union, members’
telephone numbers. In all cases, however, applicants must be provided sufficient information to determine
the identity of all individuals registered, contacted, or dispatched for employment. An
appointment for inspection shall be scheduled for within five (5) days of request. Copies shall be provided
promptly, subject to reasonable copying costs. The Local Union
must promptly respond to any applicant’s request for access to anyrecord containing the job referral
information described in §7, pertaining to periods during which the applicant was registered for referral.
Access to records includes the right to photocopy or take notes from all referral documents. Local Unions
may adopt rules that restrict access to Social Security Numbers and, where there is a concern that such information may be misused in a manner contrary to the interests of the local union, members’
telephone numbers. In all cases, however, applicants must be provided sufficient information to determine
the identity of all individuals registered, contacted, or dispatched for employment. An
appointment for inspection shall be scheduled for within five (5) days of request. Copies shall be provided
promptly, subject to reasonable copying costs. B. Lists containing the information described in §7D(i) and 7D(ii) shall be conspicuouslyposted,
or otherwise immediately available for inspection, at the offices of a Local Union 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. Lists containing the information described in §7D(i) and 7D(ii) shall be conspicuouslyposted,
or otherwise immediately available for inspection, at the offices of a Local Union 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. 9. Alleged Violations of Hiring Hall Rules Any complaints or concerns regarding alleged violations of hiring hall procedures should be directed
to the GEB Attorney’s Office, at (202) 457-6198. Alleged violations of LIUNA’s Code of Ethics
should be promptly addressed to Inspector General W. Douglas Gow, (202) 942-2360.
|
|
|
|
"We must become so strong that any contractor who would abuse us shudders at our name, and we must become so well known
that any worker in need calls out our name"
-Terence M. O'Sullivan, General President, LIUNA
LIUNA Kicks Off Its Biggest Ever
Member-to-Member Voter Registration Phone Bank to Build America More than 5,000 Volunteers Strong on One Night Coast-to-Coast LIUNA Members in Union Halls and Living Rooms Will “Make a Call to Build
America” In Virtual Phone Bank to Enlist Tens of Thousands of New Voters --(BUSINESS WIRE)--LIUNA – the Laborers’ International Union of North America - will kick-off its first
Make a Call to Build America voter registration phone-banking night on Thursday, May 29, with more than 5,000 members
volunteering in an historic nationwide member-to-member effort to register tens of thousands of new voters. The union expects
the May 29 Make a Call to Build America – one of four LIUNA will hold before the Nov. 4 election
– to be the largest single member-to-member voter registration phone bank ever conducted by a union. Using
groundbreaking predictive dialing technology, thousands of LIUNA members will make calls from their homes while thousands
more will participate at events in more than 20 Local Union halls from Los Angeles to Las Vegas to West Virginia. WHAT: | | Make a Call to Build America
- expected to be the largest ever member-to-member voter registration phone bank conducted by a labor union. | | | WHEN: | 7:00 to 8:30 p.m. Eastern Time, Thursday May 29, 2008 (some
West Coast, Hawaii and Alaska members will continue through 2:30 a.m. Eastern Time). | |
| WHERE:
| LIUNA
Local Unions and members' homes across the country. Contact Jacob Hay, (202) 286-2549 or jhay@liuna.org to make arrangements to observe phone banks in your area. |
Make a Call to Build America
is a key part of LIUNA’s “Build America so America Works” campaign,
a long-term effort to make taking care of America’s highways, bridges, dams, schoolhouses and other basics
a national priority, in part by electing Build America candidates. The effort also includes ongoing targeted advertising outreach,
the new website www.LiunaBuildsAmerica.org and The Petition to Build America, with a goal of 1 million voices telling Congress and the country’s
next president to “build America so America works.” The half-million members
of LIUNA – the Laborers’ International Union of North America – are
on the forefront of the construction industry, a powerhouse of 10 million workers who build America.
|
|

| Plaintiffs: |
Rochester Laborers'
Pension, Welfare-S.U.B., Annuity and Apprentice and Training Funds, by Robert Brown, as Chairman and Daniel Hogan, as Secretary
and Laborers International Union of North America, Local Union No 435, by Robert Brown, as Business Manager |
| Defendants: |
Mainlining Service, Inc. |
| http://dockets.justia.com/docket/court-nywdce/case_no-6:2007cv06516/case_id-66276/ |
|
|
| Filed: |
October
19, 2007 |
|
|
 |
|
|
 |
|
|
|
 |