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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 not

specifically 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 not

specifically 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 dated

referral 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 dated

referral 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 the

requirements of the apprenticeship program.

Apprentices shall be referred under a separate out-of-work list, in order according to the

requirements of the apprenticeship program.

C. Only applicants who are not currently employed at the trade may register their availability

for referral.

Only applicants who are not currently employed at the trade may register their availability

for 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 from

a 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 from

a 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 have

registered 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 have

registered 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 made

orally, shall be confirmed promptly by the employer in writing.

Requests by an employer for specific applicants should be made in writing or, if made

orally, 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 the

request, 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 the

request, 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 previously

discharged for cause by the same employer.

An applicant shall not be referred to an employer if the applicant was previously

discharged 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, the

Local 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.

, the

Local 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 of

every 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 of

every 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 of

each applicant's registration;

All registration by applicants of their availability for referral, including the date of

each applicant's registration;

ii. A current out-of-work list, including all applicants whose registrations of

availability 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 of

availability 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, the

name 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, the

name 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 any

record 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 any

record 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 conspicuously

posted, 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 conspicuously

posted, 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.

 

sullivan.jpg

"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 LIUNAs Build America so America Works campaign, a long-term effort to make taking care of Americas 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 countrys 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.

Gavel Banging

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