Local 100 Dispatch Procedures

 

 

The procedures listed below will apply to all applicants in all classifications whose Collective Bargaining Agreement contains a system of referral.

 

 

 

1.   OUT OF WORK LIST

 

The Union will maintain an “Out of Work List”, which will list the applicants within each group in chronological order of the dates they register their availability for employment. This must be done in person at the Fresno Union Hall at 1921 N. Gateway, Suite 102, Fresno, CA.  Sign-in time will be from 8:00am through 5:00 pm, Monday through Friday.

 

2.  BUSINESS MANAGER

 

The Business Manager is responsible to fill calls in a timely manner as needed by employers. In an EMERGENCY, referral may have to be made outside normal hours using whatever means are available. This will be done in a non-discriminatory manner.

 

3.  DISPATCH

 

a.      Daily sign-in must be completed by 8:20 am to be eligible for the daily dispatch, which will follow shortly thereafter, and remain open until all calls are filled.

b.      Applicant will have the option of signing in and being dispatched from the Fresno or Visalia offices.

       i.       Fresno – 1921 N. Gateway, Suite 102, Fresno CA    

       ii.       Visalia (Carpenters’ Hall) – 636 Oak St., Visalia, CA  

c.       ALL FIRST TIME DISPATCHES MUST BE MADE IN FRESNO.

d.      Failure to accept a referral, whether it is a long-call or a short-call, either by refusal or being unavailable when a referral could have been accepted, will result in a “turndown” unless the referral was for “a special-skills call”, or the applicant is on official union business at the direction of the Business Manager.

e.      Registrants will receive a maximum of one (1) “turndown” per day.

f.        All “turndowns” are cleared upon accepting a referral. This shall not apply in the case of rejection due to lack of state certification or trainee registration.

g.      Registrants will be allowed two (2) “turndowns” without penalty. However, registrants will be removed from the out of work list upon receiving a third “turndown.”

 

 

h.      Registrants must re-register (resign) on the out of work list IN PERSON, either in Fresno or Visalia, after being removed from the out of work list for receiving a third “turndown.” If re-registering in Visalia, it must be done on the form provided by Local 100 and faxed from the Visalia Hiring Hall.

i.        Effective January 1, 2007, registrants who are rejected by the employer, or are returned to the Hall for reasons other than rejection before being employed, will not receive a “turndown.” This shall not apply in the case of rejection due to lack of state certification or trainee registration.

j.        Registrants who receive an ineligible-for-rehire from an employer, or are rejected by an employer, will not be penalized for refusing a referral for that same employer for a period of six (6) months following the date of termination or rejection. This shall not apply in the case of rejection due to lack of state certification or trainee registration.

 

4.  JOB RECORDER

 

 Job call recorder will be available each workday at 5:30 pm (559-251-8278)

 

5.   SHORT CALLS

 

Short calls are for a maximum of forty (40) hours of work. All applicants must return to the hall to re-register at the completion of the short call, and shall then be restored to his/her appropriate place within the group, provided termination is through no fault of his own. Any applicant failing to re-register within 7 days of ACCEPTING a short call will be removed from the “out of work list” unless he/she can demonstrate that conditions beyond his/her control caused the short call to continue past 7 days.

The contractor may offer to keep the member past the 40 hours; however the member is not obligated to stay. After receiving a third (3rd) short call, the applicant’s name shall be moved to the bottom of the “Out of Work List”.  Short calls that roll over to the next day or run through the entire book will not count against an applicant as a third (3rd) short call.  Job calls of one (1) day or less are exempt, and are not counted as a short call.

 

      An applicant who is hired for a long call and who receives, through no fault of his own, work of forty (40) hours or less, shall be restored to his/her appropriate place within the group.  Such a call will not be reclassified as, or be considered as, a short call.

  RESIGN PROCEDURE

 

Monthly Resign may be done in person or by fax.  Failure to resign will result in removal from the “Out of Work List”.

 

            In-person resign must be made only in the Fresno office during the first five (5) Calendar days of each month. If a weekend falls near the beginning of the month, there may be less than five business days to actually resign in person. Fax resign must also be received within the first five (5) calendar days of each month. Please note that the fax resign is always ONLY the first five (5) CALENDAR days of the month, even if that includes weekends.  The fax resign must include the following: Full name (Printed and Signature), Card Number. If these items are not present in a fax resign, your name will not be maintained on the “Out of Work List”.  The fax number for resign is 559-251-0543.

 

    VACATIONS AND DISABILITY

 

a.   Any Applicant who wishes to maintain his place on the Out of Work List while on vacation must register with the Dispatcher prior to leaving on vacation. Applicants may take only one (1) vacation pass not to exceed 14 calendar days in any one (1) calendar year.

 

b.   Applicants may place their names on the Out of Work List under “disability”. While on the list under “disability”, the Applicant will maintain his number on the list, and will not move up as Applicants before him are dispatched.

 FOREMAN CALL OUT PROCEDURE

 

Under the following conditions, an employer will have the opportunity to request a particular applicant as Foreman:

 

a.      The employer shall notify the Business Manager, in writing, of the name of the individual that is to be requested for employment as Foreman.

b.      The Business Manager will refer such applicant to the employer provided, however, that all names in higher priority groups, if any, shall be exhausted before such Foreman Call Out can be made.

c.       The requested applicant must have been signed on the out of work list for a minimum of one (1) week prior to dispatch on a foreman call out.

d.      The requested applicant must perform the duties of Foreman, and shall be paid Foreman’s wages for the duration of his/her employment at said company.

e.      If an employer abuses the conditions of the Foreman Call Out, the Business Manager shall have the right to refuse such request by said employer.  The Business Manager retains the right to revoke the Foreman Call Out Procedure at any time.

 9.   LAYOFF LOTTERY PROCEDURES

 

Whenever a single-day layoff of three or more men occurs on any one job, a lottery will be used to determine the position of each such member on the out of work list.  This lottery will be used for all Books so affected

 

All those members laid off on the same day from the same job will be included in this lottery, providing they have re-registered by 12:00 o’clock noon of the business day following their date of termination.  Those re-registering after this cut-off time will lose their eligibility to participate in the lottery and shall have their position on the out of work list treated in the normal manner, as if they had each received an individual, non-group layoff.  Members who sign the Books during the lottery eligibility period who are not eligible to be lottery members shall not have their re-register positions affected by the lottery proceedings.

 

Should jobs be dispatched prior to 12:00 o’clock noon of the business day following the date of termination, a mini-lottery of those lottery-eligible members already re-registered at the close of dispatch sign-in will be held prior to dispatch to determine the out of work list order to be used for that dispatch only.  Any mini-lottery participants not dispatched that day will be included in the general lottery to be held after the 12:00 noon cut off time.

 

CBA Section 4.15:  An Appeals Committee is hereby established composed of one member appointed by the Union, one member appointed by the Employer or by the Association, as the case may be, and a Public Member appointed by both these members.

 
CBA Section 4.16:  It shall be the function of the Appeals Committee to consider any complaint of any employee or applicant for employment arising out of the administration by the Local Union of Sections 4.4 through 4.14 of the Agreement.  The Appeals Committee shall have the power to make a final and binding decision on any such complaint, which shall be complied with by the Local Union.  The Appeals Committee is authorized to issue procedural rules for the conduct of its business, but is not authorized to add to, subtract from, or modify any of the provisions of this Agreement and its decisions shall be in accordance with this Agreement.

 

10. DISCHARGE FOR CAUSE

 

Any individual receiving 2 (two) discharges for cause within a twelve month period shall be suspended from future referral from this Local until they appear before the Appeals Committee for a determination as to their continued eligibility for referral.