Common use of HIRING AND DISPATCHING Clause in Contracts

HIRING AND DISPATCHING. A. The Employer recognizes the Union as the sole and exclusive source of labor for all classifications covered by this Agreement. The Employer accepts the exclusive hiring hall procedure (See Appendix A) as the Union's procedure for dispatching Installers. The Union reserves the right to modify its dispatching procedures in Appendix A during the term of this agreement. The Employer shall be entitled to complete a crew with workers from any source when the Union is unable to provide sufficient qualified workers. B. Workers who were covered by the “Convention Services Agreement” (SHOP) in effect until March 31, 2012 shall be known as Regulars. Workers who were covered by the Trade Show and Convention Decorator agreement (SHOW) in effect until March 31, 2012 shall be known as Installers. C. The Union upon request of the Employer shall dispatch up to thirty-six (36) Installers by name. Regular status employees of the Employer shall not be counted against the Employer’s “call-by-name” list. D. The Employer shall notify the Union of their call by name and provide their rollover lists for the next calendar week by 2:00 PM each Monday (except holidays) via e-mail or fax. There will be no modifications to the list during that calendar week except by mutual agreement as required for security reasons or client demands. If the Union does not receive a list by 2:00 PM each Monday the latest current list will remain in effect E. The Union agrees to furnish competent workers in good standing to the best of its ability, and the membership of the Union will give loyal, unprejudiced support to the requirements of the Employer. F. The Employer shall have the right to reject any worker dispatched by the Union if the worker is deemed by the Employer, in its sole discretion, not to be in a fit condition to perform the work for which the worker is dispatched. Workers sent home for just cause shall not be again dispatched to the same Employer for the remainder of the show. G. When Installers are requested, the final update for the following days dispatch shall be sent to the Union before 2:00 PM by the Employer or such late dispatch shall be subject to low priority. The initial dispatch requirement for Saturday, Sunday or Monday morning shall be sent to the Union by 2:00 PM Friday. All initial requests for labor shall be submitted in writing, via e-mail or fax. This notification will satisfy the approximate number of Installers needed. Other dispatch, layoff and rollover information shall be sent by e-mail or fax. H. On reporting for the installation an Installer shall notify the Employer if he/she will not be available for the dismantle. No later than completion of the installation the Employer shall notify those employees available for the dismantle when to return. Employees so notified shall return as scheduled, except for reason of undue hardship. Employers may reassign Journeyperson Installers from one job or jobsite to another so long as no layoff of more than 48 hours (excluding holidays) occurs and shall give priority callback subject to reasonable operational requirements. Rollover from Friday to Monday is allowed as the sole exception to this provision. Employers may reassign Apprentices or B or C list Installers from one jobsite to another only with mutual agreement of the Union. I. The normal order of layoff for installers shall be: first “C” list, second “B” list and last “A” list or Apprentice, unless operational inefficiencies on a given day would result from layoff in that order. The workday shall end at midnight (unless completing a minimum guarantee). Employees not scheduled by the Employer to work on the subsequent day of installation shall be notified by 3:00 PM, whenever practicable, and no later than the end of their shift on the day of layoff. An employee placed on such layoff may decline recall to that show providing the Employer is so advised at the time of layoff. J. The Employer shall select and designate a primary foreperson for installers on the call, and such foreperson shall be excluded from the number of employees dispatched by name (See Article III, par. C) and shall be paid 11% above journeyperson rate of pay. Such foreperson shall remain accessible until work at all locations is completed and shall be available to properly supervise the work and perform other forepersons duties and responsibilities under the direction of the Employer. Whenever three or more Installers are employed one shall be a foreperson. The right to promote or demote forepersons shall be at the sole discretion of the Employer. K. Should a court of competent jurisdiction or the National Labor Relations Board determine that seniority provisions such as those contained in the Procedures for Installers are unlawful, those provisions shall become inoperative. The parties shall meet as soon as possible to agree upon revised provisions. L. Other details of the dispatch procedure shall be conducted in accordance with the Employment Office Procedures for Installers (See Appendix A). M. The Union shall furnish each Installer and Apprentice with an appropriate photo identification badge to be properly displayed above the waist while working. Each Employer shall furnish Company identification to be properly and visibly worn while working for that Employer. N. The employer shall maintain a daily sign-in sheet that includes the name and classification of each employee. The Employer shall provide a copy to the Union in a timely manner. Upon request the union may review employee time records and obtain copies of sign-in sheets. O. The employer shall maintain a daily time record and furnish a copy to each employee on a daily basis. P. It is agreed that Building Trades workers from other unions shall be paid at the “B” rate after being properly dispatched.

Appears in 1 contract

Sources: Trade Show and Convention Installer Agreement

HIRING AND DISPATCHING. A. The Employer recognizes the Union as the sole and exclusive source of labor for all classifications covered by this Agreement. The Employer installers and accepts the exclusive hiring hall procedure (See Appendix Aattached herewith) as the Union's procedure for dispatching Installers. The Union reserves the right to modify its dispatching procedures in Appendix A during the term of this agreementinstallers. The Employer shall be entitled to complete a crew with workers from any source when the Union is unable to provide sufficient qualified workers. B. Workers who were covered by the “Convention Services Agreement” (SHOP) in effect until March 31, 2012 shall be known as Regulars. Workers who were covered by the Trade Show and Convention Decorator agreement (SHOW) in effect until March 31, 2012 shall be known as Installers. C. The Union upon request of the Employer shall dispatch up to thirty-six (36) 36 journeyperson Installers by namename effective May 1, 2004. Regular status employees Effective February 1, 2005 this number shall be increased by 3 journeypersons for each 10% increase in total hours reported to both the Installers and Builders Pension Trust up to a maximum of 48 journeypersons during the Employer term of this Agreement. The total hours reported to such Trust each calendar year shall not constitute the base hours for the subsequent calendar year. Should there be counted against a decrease in reported hours the Employer’s “call-by-name” list. D. call by name shall decrease by 3 journeypersons for each 10% decrease in total hours reported to the Trust. The Employer shall notify the Union of their call by name and provide their rollover lists list for the next calendar week by 2:00 PM each Monday (except holidays) via e-mail or fax). There will be no modifications to the list during that calendar week except by mutual agreement on special occasions as required for security reasons or client demands. If the Union does not receive a list by 2:00 PM each Monday the latest current list will remain in effect. All communications in regard to dispatch and call by name shall be by fax or email. Telephone communications shall be confirmed by fax or email. E. C. The Union agrees to furnish competent workers in good standing to the best of its ability, and the membership of the Union will give loyal, unprejudiced support to the requirements of the Employer. F. D. The Employer shall have the right to reject any worker dispatched by the Union if the worker is deemed by the Employer, in its sole discretion, not to be in a fit condition to perform the work for which the worker is dispatched. Workers sent home for just cause (excluding minor offenses such as tardiness and the like), shall not be again dispatched to the same Employer for the remainder of the showshow with notification to the Union. G. E. When Installers members of the bargaining unit are requestedrequired to fulfill the needs of any Employer, the final update for the following days dispatch shall be sent to the Union before 2:00 PM by the Employer or such late dispatch shall be subject to low priority. The initial dispatch requirement for Saturday, Sunday or Monday morning shall be sent to the Union by 2:00 PM Friday. "All initial requests for labor shall be submitted in writing, via e-mail Facsimile (or faxElectronic Mail, if timely). This notification will satisfy the approximate number of Installers needed. Other members of the bargaining unit needed to fulfill the Employers need; other dispatch, layoff and rollover information shall be sent by e-mail FAX (or faxE mail, if timely). Dispatching of workers shall be accomplished by telephone or other electronic methods. H. F. On reporting for the installation an Installer employee shall notify the Employer if he/she they will not be available for the dismantle. No later than completion of the installation the Employer shall notify those employees available for the dismantle when to return. Employees so notified shall return as scheduled, except for reason of undue hardship. Employers may reassign Journeyperson journeyperson Installers from one job or jobsite to another so long as no layoff of more than 48 hours (excluding holidays) occurs and shall give priority callback subject to reasonable operational requirements. Rollover from Friday to Monday is allowed as the sole exception to this provision. Employers may not reassign Apprentices or B or C list Installers from one jobsite to another only with mutual agreement of the Unionanother. I. G. The normal order of layoff for installers shall be: first “C” list, second “B” list and last “A” list or Apprenticelist, unless operational inefficiencies on a given day would result from layoff in that order. The workday shall end at midnight (unless completing a minimum guarantee). Employees who will not be scheduled by the Employer to work on the subsequent day of installation shall be notified by 3:00 PM, PM whenever practicable, practicable and no later than the end of their shift on the day of layoff. An employee placed on such layoff may decline recall to that show providing the Employer is so advised at the time of layoff. J. H. The Employer shall select and designate a primary an initial foreperson for installers on the call, and such foreperson shall be excluded from the number of employees dispatched by name (See Article III, par. C) in paragraph B and shall be paid 11% above journeyperson rate of pay. Such foreperson shall remain accessible until work at all locations is completed and shall be available to properly supervise the work and perform other forepersons duties and responsibilities under the direction of the Employer. Whenever three or more A Installers are employed one shall be a foreperson. The right to promote or demote forepersons shall be remain at the sole discretion of the Employer. K. I. Should a court of competent jurisdiction or the National Labor Relations Board determine that seniority provisions such as those contained in the Procedures for Installers are unlawful, those provisions shall become inoperative. The , and the parties shall meet as soon as possible to agree upon revised provisionsprovisions as similar to the present ones as possible. L. J. Other details of the dispatch procedure shall be conducted in accordance with the Employment Office Procedures for Installers (See Appendix A)attached hereto. M. K. The Union shall furnish each Installer and Apprentice employee with an appropriate photo identification badge to be properly displayed above the waist while working. Each Employer shall furnish a Company identification sticker to be properly and visibly worn affixed to the designated position on such badge while working for that Employer. N. The employer shall maintain a daily sign-in sheet that includes the name and classification of each employee. The Employer may require employees working as forepersons or leadpersons to wear Company furnished work clothing. All other employees shall provide not be required to wear Company furnished work clothing unless a copy to the Union in specific requirement for a timely mannerparticular show or exhibit. Upon request the union may review employee time records and obtain copies of sign-in sheets. O. The employer shall maintain a daily time record and furnish a copy to each employee on a daily basis. P. It is agreed that Building Trades workers from other unions In all circumstances work clothing shall be paid at safe and appropriate for the “B” rate after being properly dispatchedjob.

Appears in 1 contract

Sources: Trade Show and Convention Decorator Agreement