Job Referral & Working Rules

Job Referral Rules

Preamble:  Hiring provisions and practices of any collective agreement or any applicable federal or provincial law have precedence over rules set below.  conversely, rules apply to all collective agreements or skill groupings, unless specifically provided for differently in that collective agreement.

  1. (a) A member may place his/her name on the out-of-work registration lists stating any skills the applicant possesses and the jobs the applicant  is able to perform. (b) Apprentices will be referred to work as per position on work registration lists according to their apprenticeship sector.
  2. (a) A member who is on the out-of-work list the longest shall be the first referred to work, provided he/she has the necessary skills to perform the work associated with that skill, subject to seniority or other provisions of the collective agreement covering that work. (b) To be eligible to be on the out-of-work lists, a member must have filled out a local 506 skills sheet.  it is the responsibility of the member to     ensure the skills listed are updated.
  3. If a member is dispatched or obtains work under one collective agreement, his/her name is then removed from all of the out-of-work registration lists.
  4. Job referral rules apply to all collective agreements, unless otherwise specified by that particular collective agreement.
  5. A member seeking employment must register at the union hiring hall between the hours of 7:30 a.m. to 11:00 a.m. and 12:00 noon to 4:30 p.m. Monday to Friday.  all members will be put on the out-of-work registration lists on the day that he/she registers, not on the day of lay-off.
  6. Member will obtain a referral slip from the union hiring hall before commencing work.  members will be called by the dispatch office from 8:00 a.m. to 4:30 p.m. for work the following day.  if the member has been referred late in the day, then the local will send electronically the work referral slip to the job site or company’s office.
  7. After a member has received three (3) calls within any given sector and he/she has not responded or given reasonable reasons for not responding, their name shall be removed from the out-of-work list for that sector.
  8. Acceptance of referral slips constitutes the acceptance of the job.  failure to report or refusal to start work will result in member being placed at the end of the work registration list.
  9. A member is prohibited from exchanging or disposing of his/her work referral slip.
  10. A member properly referred to work from the work registration list and the job referral is thirty (30) working days or less, he/she will return to his/her position on the out-of-work list prior to receiving the referral until such times as his/her total job duration is more than thirty (30) working days.  members who quit will not be given this consideration, but will be placed on the bottom of the out-of-work lists.
  11. When a LiUNA member transfers his membership from another local union, he/she must be registered on the out-of-work list for a minimum of two (2) weeks prior to being referred to work.
  12. (a)  Should any labourer referred for employment be terminated for just cause as defined under the labourers’ code of performance, his or her   referral privileges shall be suspended automatically for one month.  should the same individual be terminated for just cause a second time within a twenty-four (24) month period, his or her hiring hall referral privileges shall be suspended automatically for six months.  should the same individual be terminated for just cause a third time within a twenty-four (24) month period, his or her referral privileges shall automatically be suspended indefinitely (time period begins from the date of first discharge).  a termination “for just cause” under the code is defined to include a termination for any of the reasons specified in the notice of termination form. (b) a termination shall not be considered as “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 a designated panel or an arbitrator shall be final and binding. (c)  the provisions in subsections (a) and (b) notwithstanding, a review committee composed of three (3) members appointed by the business manager of the district council or where the local union is not affiliated with a district council, appointed by the business manager of the local union, may, upon written request of the applicant, vacate or reduce the period of suspension.  a request under this provision shall stay the commencement of suspension from referral unless and until the committee decides otherwise.   the committee’s decision will be by majority vote and shall be based on all of the available evidence including, as appropriate, the circumstances of the termination, skills evaluations by third parties, the availability and need for additional training whether the applicant is an apprentice or journeyman member and such other factors as may be relevant.  the committee’s decision shall rest in its’ sole and complete discretion. (d)  the decision of the committee will affect only the issue of eligibility for future referrals, and will not affect the termination unless all parties expressly consent to have that issue considered by it. (e)  if dissatisfied with the decision by the review committee, the applicant may appeal the committee’s decision to an independent review officer whose costs shall be paid by the international union.  the independent review officer shall establish a procedure for expedited and prompt review of such appeals.  any appeal to the independent review officer shall be filed by the applicant in writing within five (5) calendar days of time he/she has been notified of the review committee’s decision and shall contain a brief statement of the issue/s.  the decision of the independent review officer shall be final and binding.  a request for review under this provision does not affect the commencement or continuation of the suspension from referral unless and until the independent review officer decides otherwise.
  13. The business manager, after consideration and study of a particular case or situation, and in circumstances when he/she believes that it is necessary to fully accomplish an objective or for the purpose of local 506 and/or its’ members, may grant variances, tolerances or exceptions from specific provisions of these by-laws in the operation of the out-of-work list.  in all such cases, any variance, tolerance or exception granted by the business manager must be noted on the out-of-work list and justified to the executive board of local 506.
  14. A member wishing to place his/her name on the hydro – e.p.s.c.a. list must pass a pre-requisite test. such member cannot be referred to work unless they have been security cleared.
  15. The job referral and the working rules may be amended from time to time, subject to approval by the membership.

Working Rules

  1. A member shall carry his/her union card or receipt of dues payment at all times during working hours and at all union meetings, and shall show same to business representative or shop steward upon request.  failure to produce a union card or receipt of dues payment may result in the member being removed from the job site until he/she produces proof of union membership.
  2. A member shall notify the business manager, business representative or shop steward of any violations of the working rules or collective agreement.
  3. A member must produce his/her pay envelope or pay stub for examination when requested by a business representative.
  4. The shop steward will examine the work referral slips and union cards of all new employees reporting for work on his/her job site.
  5. A member violating the working, job referral and constitutional rules may be charged and, if found guilty, will be fined and will also be subject to any other disciplinary action deemed necessary by the trial board.
  6. Any member refusing to sign a certificate of membership card attesting to membership in the local when asked to do so by a business representative or organizer of the local may be charged before a trial board.  when a member signs a certificate, this will be kept confidential.
  7. Acquire the necessary skills through apprenticeship and/or training programs.
  8. Report promptly upon referral to a job and show up to work on time, ready, willing and able to work.
  9. Be aware of and follow the local union’s job referral rules.
  10. Avoid excessive absenteeism and excessive tardiness.
  11. Follow directions from supervisors.
  12. Do not be insubordinate.
  13. Give a fair day’s work.
  14. Treat the employers and the customers tools, property and those of fellow workers with respect.
  15. Avoid disruptions on the job by using the established procedures to resolve disputes.
  16. A member shall observe all safe working practices.