Section One: IATSE Local 927 Constitution & By Laws
Section Two: Contracts under negotiation
A: The
B: The
Section One:
International
Artist and
Affiliated Crafts of the
AFL-CIO
Local 927
NON - CONTRACTUAL REFERRAL PROCEDURE
UNIFORM RULES
AND REGULATIONS FOR THE HIRING HALL AND REFERRAL LISTS OF I.A.T.S.E. UNION
LOCAL 927
Preamble
Whereas, certain agreements and
practices relating to the hiring of employees are in effect
between Local 927 and certain employees who operate within the jurisdiction of
Local 927; and
Whereas, Local 927 wishes to
establish and maintain written rules and regulations regarding the practices of
its Hiring Hall in referring both members and nonmembers for temporary and
permanent employment; and do so in a fair and nondiscriminatory manner:
Local 927 does hereby
approve and adopt this preamble and the following " UNIFORM RULES AND
REGULATIONS FOR THE HIRING HALL AND REFERRAL LISTS OF I.A.T.S.E. UNION LOCAL
927" and declares its intention to establish and maintain its
referral system on this basis.
Equal Employment
Local
927 recognizes it is required by law not to discriminate with regard to
employment against any person on the basis of union membership, race, religion,
age, color, sex, national origin, or ancestry; and hereby declares its
acceptance and support of such laws. This shall apply to hiring, placement of
employment, training during employment, and rates of pay or other forms of
compensation.
NOTICE:
The Hiring Hall is not an
employer. No guarantee, assumption, promise, contract or warranty is now, will
or should ever be made that participation in the Hiring Hall and Referral Lists
will
provide any person a job.
1. Application
1.1 Eligibility
1.1.1 Any person may make
application to the Referral Hall to be listed for both temporary and
permanent employment referrals. Union
membership or affiliation is not required.
1.1.2 Initial application may be
made at any time.
1.1.3 An applicant must be at
least (18) years of age.
1.1.4 An applicant must be
physically able to work in the position(s) for which he or she applies.
1.1.5 Applicants may be required
to take an appropriate skills and/or knowledge test.
1.1.6 The Referral Review Board
may ask applicants to a personal interview.
1.1.7 An applicant shall not be
considered until any past-due Hiring Hall Referral fees have been paid in full.
1.2 Application Materials
1.2.1.
Forms. All applicants shall fill out the following forms, and provide the
following
information:
1.2.1.1. An Application for
Qualifications for Job Referral.
1.2.1.2. A verifiable resume or other
materials adequately certifying the applicant’s
training
and/or experience.
1.2.1.3. An Application
covering temporary employment with an employment agency, with which Local 927
maintains a written agreement.
1.2.1.4. An agreement to pay the Referral Fee, acknowledging that a
percentage of gross wages
is
charged for referral and that failure to pay the fee will result in suspension
from
referral and ultimately in removal from the Referral List.
1.2.1.5. Completed W-4 and I-9 forms
1.2.1.6. Proper identification as specified on the I-9 form.
1.2.1.7. Other forms as may be necessary to administer and maintain the
Referral List
and
its operation, or by agreement with an employer or employment agency, or
as
may be required by law.
1.2.2. Additional Forms. Applicants are
encouraged to complete the following forms, which
will authorize
additional worthwhile services:
1.2.2.1. Automatic Deduction of Fees. A form authorizing the employer or
paymaster to
automatically
deduct the required referral fee from wages and submit it to Local 927.
This is a convenient way to pay the
required fee on time.
1.2.2.2. Collective Bargaining
Authorization. A form authorizing Local 927 to act as
bargaining
agent. This allows Local 927 to represent the users of the Referral
Hall
and to bargain on their behalf.
1.2.3. Registration Fee. All applicants
shall submit an annual forty-eight ($48.00) dollar non-
refundable
registration fee, except for members in "good standing" of Local 927,
whose
regular
quarterly membership dues shall include the fee. The Registration Fee is valid
until
the next season's lottery. Pro-rata Registration Fees shall not be accepted.
1.2.4. Submission. All applications shall be submitted by mail, in person to the office or in person by appointment with the Business Agent.
1.2.5. Lottery Drawing. A drawing shall
be held on April 15 of each year, or as soon
thereafter
as reasonably possible, to determine random initial placement of registrants
on
the appropriate A, B, or C Lists.
1.2.5.1. Lottery Registration
Period. New and Renewal Applications received between
January 1 and March
15 shall be accepted for the lottery.
1.2.5.2. Late Application.
Applications not received complete during the Lottery Registration
Period shall be
considered late, and shall not be included in the lottery.
1.2.6. Renewal. Registrants are placed
on the lists for one year. Registrants must renew their
listing
at least once a year, prior to March 15.
1.2.7. No Referral Work.
Should a registrant not receive a referral call for twelve months, the
registrant shall be given the choice to either receive a refund of the
registration fee or to apply
the fee to the next year's referral list.
1.3
Review of Applications
1.3.1. A Referral Review
Board appointed by the Executive Board or Local 927 shall review the
material
submitted by each applicant and determine whether the applicant is qualified
for
referral by
Local 927's Hiring Hall.
1.3.2. Application shall be
made by completing the appropriate form(s), and will be marked with
the date and
time of receipt.
1.4
Placement of Qualified Registrants on Lists
1.4.1. All first time
registrants shall serve a probationary period of twelve (12) months. During
this period,
the Referral Review Board can remove from the lists a registrant whose work
does not
meet the standards outlined in the Hiring Hall rules.
1.4.2. Placement of
registrants on Referral Lists is solely by approval of the Referral Review
Board.
1.4.3. All registrants will
be placed on an A, B, C Rotating Referral List. If a registrant does not
apply for
inclusion on a specific list the Referral Review Board shall decide. The
Referral
Review Board shall make the final
decision as to list placement.
1.4.4. Special Placement.
Late applicants and registrants not meeting the specified requirements
may, upon
receipt of all application materials and pending a vote of Local 927 membership
-at-large,
be recommended by the Referral Review Board at any time to the Business Agent
for
special
placement on the bottom of any list. A vote of the membership-at-large to
approve
the special
placement on the list shall be taken at the next regular meeting of Local 927.
A
majority
vote of the membership-at-large shall be required for special placement on any
list except
"C".
1.4.5. List Requirements
1.4.5.1. "A" List. A registrant with a minimum of three
years experience who has worked, or
been
available for work, full-time within Local 927's trades and jurisdiction at
least 2
years'
total and who has unlimited availability for referral work.
1.4.5.1.1. "A" and
"B+" List registrants who fail to maintain unlimited availability,
per
section
1.4.6.1., shall be reassigned to the "B" or "C" list,
except per section
1.4.5.2.
1.4.5.2. "B-1+" List. An "A" list registrant who
accepts a full time job lasting longer than one
month
shall, after returning to unlimited availability, be reassigned to the
"B+" list
until
the next Lottery. The "B+" list will be called after the
"A" list is exhausted and
before
the "B" list.
1.4.5.3. "B" List. A registrant with a minimum of three
years experience who has worked, or
been
available for work, part-time within Local 927's trades and jurisdiction at
least
one
year and who is usually available for referral work.
1.4.5.3.1. Restraints failing to
remain usually available, per section 1.4.6.2., shall be
reassigned
to the "C" list.
1.4.5.4. "C" List. A registrant with less than three years
experience or not meeting the
requirement
of the A, B+, or B Lists.
1.4.6. Availability and Skills. In order to provide
employers with qualified referrals at all times, the nature of the Hiring Hall
is to give preference for referral to registrants with the greatest
availability and skills.
1.4.6.1. "Unlimited
Availability" is defined as willing and available to accept referrals from
the
Hiring Hall at all times, day or night, except when doing work referred through
the
Hiring Hall, during mandatory turnarounds, sick, or with prior approval from
the
Referral Review Board.
1.4.6.2. "Usually Available"
is defined as not meeting the requirements of Unlimited
Availability but willing
and available to accept referrals at least 2/3 of the time,
except
when doing work referred through the Hiring Hall, during mandatory
turnarounds,
sick, or with prior approval from the Referral Review Board. Some
impairment
may exist due to prior commitments, holding a part-time job or
personal
choice. In general, a person holding a full-time job would not qualify
as
being usually available.
1.4.7. Apprentices. These
rules and regulations shall not apply to the employment of apprentices
Local 927 may establish and maintain
a non-discriminatory apprentice-training program
with
corresponding rules and regulations making apprentices eligible for the
"B" List.
1.4.8. Job Categories.
Registrants wishing to be considered for particular categories of work
within an A,
B, or C List must indicate the category(s) on their original application, or
submit a
revised form for consideration to the Referral Review Board. Requests by employers
will be
filled using categories indicated on the registrant's most recent registration
form.
Categories include, but are
not limited to, lighting, sound, carpentry, properties, projection, video and
other crafts within Local 927's trade jurisdiction.
1.4.9. Special Skills.
Registrants possessing special professional skills are strongly encouraged to
note such
skills on the registration forms.
1.4.1.0. Telephone. All registrants
must maintain a working telephone and/or pager to facilitate
referral
to work calls. An answering device is recommended.
1.4.1.1. Temporary Unavailability.
Registrants who are temporarily unavailable for work due to illness, injury or other valid reason, and
who can provide written notice in advance,
shall
maintain their position on the List. They will not receive referrals until they
report
availability to the Business Agent.
1.4.1.2. Status Change. It is the registrant's
responsibility to notify the Business Agent of
any change in employment status that may affect placement on
the Lists.
2. Administration
2.1 Referral Costs. All
costs of administering the Referral lists and running the Hiring Hall shall be
borne by the
registrants.
2.1.1. All registrants shall pay a fee,
equal to a percentage of gross wages received as a result of
referral,
to Local 927 as administrator of the Hiring Hall.
2.1.2. Timely payment of all referral
fees is required to remain eligible for referral.
2.1.3. For convenience, a registrant may
elect to have the referral fee deducted from wages
automatically
by the employer or paymaster.
2.1.4. If the registrant does not choose
automatic deduction, or in the event that the employer
or
paymaster does not deduct the referral fee, Local 927 must receive the entire
referral
fee
within thirty (30) days of registrant's receipt of wages.
2.2.
Non-payment of Fees. Hiring
Hall Referral Fees are payable to Local 927 immediately upon
receipt of
wages from an employer to whom the registrant was referred. Local 927 Members'
Registration Fees are included in the quarterly
dues and are due by the fifteenth day of the
quarter. All
other Fees are due immediately.
2.2.1. Written notice of arrears shall be sent by regular mail or presented in person to the registrant on the sixteenth day after the fee is due.
2.2.2. Failure to pay the
referral fees or registration fees within thirty (30) days shall result in
suspension from the referral list until the fees are paid in full.
2.2.3. Failure to pay within forty-five
(45) days shall result in complete removal from the list.
2.2.4. Appeals for extension of time to
pay must be made in writing to the Referral Review Board
within
the first thirty (30) days.
2.3. Referral Review Board
2.3.1. The President of Local 927 shall
appoint a Review Board for the purpose of
administering
the Hiring Hall's rules and regulations and for determining applicants'
qualifications.
2.3.2. The Review Board shall be
comprised of a total of five (5) persons. Local 927's Business
Agent, by virtue of the office, shall serve on the review Board. Up to one (1) other member
of
927's Executive Board may also serve. At least three (3) members of the review
Board shall
be
appointed only from Local 927's at-large membership. All members shall serve a
term
of
one (1) year.
2.3.3. The President of Local 927, as
per the Local's Constitution, shall appoint the Chairman of
the
Review Board. The Business Agent is ineligible to serve as Chairman.
2.3.4. The Chairman of the Review Board
reserves the right to remove any Review Board member by
an
appropriate method outlined in the Local's Constitution and By-laws.
2.3.5. Review Board members must be
notified at least forty-eight (48) hours in advance of any
meeting
or vote. Three (3) members shall constitute a quorum. All decisions shall be
made
by the majority
vote.
2.4 Business Agent
2.4.1. Local 927's Business
Agent shall be responsible for the daily operation of the Hiring Hall.
2.4.2. The Business Agent may appoint a
"Call Steward" and delegate to that person
responsibilities
appropriate to the position.
2.4.3. The Business Agent shall be
responsible for disciplinary actions not reserved as solely
the
province of the Referral Review Board. All actions taken by the Business Agent
shall
be
reported verbally and in writing to the Referral Review Board within three (3)
regular
business
days.
2.4.4. The Business Agent shall maintain
the Rotation Referral Lists and include in the records:
2.4.4.1. The date and time an
employer submits a request for referrals.
2.4.4.2. Any special qualifications
requested by the employer.
2.4.4.3. The date and time each
registrant from an applicable list was contacted, or when
contact
was attempted, and the registrant's positive or negative response.
2.4.5. The Business Agent shall provide signed copies of all Rotation Referral List call records and memoranda to the Local 927 Office Manager and Referral Review Board Chair each month.
2.4.6. The Business Agent
shall make available to all registrants, upon reasonable request,
copies of requests by employers
for work.
2.4.7. Upon written request the Business
Agent shall allow any registrant to examine, at the
earliest reasonable opportunity, any
Referral List record(s).
2.4.8. Rotation List records and memoranda shall be kept on file for a minimum of five years.
3. Operation
3.1 Rotating Referral Lists
3.1.1. Initial placement
in rotation, on each of the Lists for the forthcoming year, will be
determined
by lottery. The lottery shall be held on April 15. Late additions, if allowed,
shall enter at the bottom of the appropriate rotation list.
3.1.2. The Lists shall be
posted at the next regular meeting following the Lottery and thereafter
be provided, upon written request, to any registrant.
3.2 Filling Job Requests
3.2.1. Referrals for A
List will be made first, starting with the "highest" registrant on
the list
and proceeding in consecutive order. The Business Agent or
Call Steward shall start at
the top of the referral list until a worker is located to
fill an employer's request. If a
registrant is not available or does not respond, the next
registrant on the list shall be called.
i First
Sequence : Each registrant will be telephoned at their designated telephone
number. If not reached the registrant will be immediately
telephoned at a second alternative telephone number designated by the
registrant. It is the responsibility of the registrants on the referral
lists to keep the
ii Second Sequence : Registrants will be telephoned in the same manner within 30 minutes of
the first telephone sequence only if the
3.2.2. On each subsequent
request, the Business Agent or Call Steward shall begin with the top
name not contacted on the previous requests (including those
registrants who responded after the call was filled) and shall pass over those
who accepted referral on the previous requests.
3.2.3. If the A list is
exhausted, the procedure will continue in the same manner using the B+ List.
3.2.4. If the B+ list is
exhausted, the procedure will continue in the same manner using the B List.
3.2.5. If the B list is
exhausted, the procedure will continue in the same manner using the C list.
3.2.6. Following
referral, a registrant's name will be rotated to the bottom of the appropriate
list.
When several
registrants are referred to the same call, they will be placed at the bottom of
the
list in the same order they appeared previously.
3.2.7. Those persons who
refuse referral, except for good cause, shall be placed at the bottom list,
in the same order they appeared prior to being contacted,
after the job call has been
completed.
3.2.8. This procedure shall
be followed until each person on the list has had an opportunity to
refuse or accept a referral and then shall be repeated.
3.3 Continued Refusal
3.3.1. Registrants on the "A"
and "B+" lists who refuse referrals three (3) times in a thirty (30)
day
period
(other than for a short turnaround, illness, or by prior arrangement) will be
placed on
the
"B" list for a period of not less than forty-five (45) days. At the
end of that period the
Business Agent will accept a
written request for reinstatement.
3.3.2. Registrants on the
"B" list who refuse a referral three (3) times in a thirty (30) day
period (other than for a short turnaround, illness, or by prior arrangement) will
be placed on the "C" list for a period of not less than forty-five
(45) days. At the end of that period the Business Agent will accept a written
request for reinstatement.
3.4 Inability to
Contact. If, because of the inability to contact a registrant, the
rotation process of the
referral list is
threatened with disruption, the Business Agent or Call Steward shall bypass
such
registrant and
thereafter notify him/her that some difficulty exists contacting him/her. The
Business
Agent shall, when a satisfactory method
of communication is reestablished with the registrant, place
the registrant's
name at the bottom of the list.
3.4.1. If the Business Agent cannot
contact a registrant on three separate occasions, the registrant
may
be removed from the list. Written notice will be sent to the registrant by
certified mail.
3.5. Special Skills. When an employer requests referrals with
special skills, registrants who have not
indicated they posses
such skills shall be passed over during rotation without losing their position
on the list
3.6. Entire Call.
Registrants must be available for an entire call, including Load-In,
Load-Out, and
Show unless otherwise informed by the
Business Agent.
3.7. Short Notice. If a request for referrals is submitted on
short notice (of less than 48 hours), the
Business Agent shall fill the call as
expeditiously as possible. This shall also apply to replacement calls made less
than 48 hours prior to the call time.
3.8. Special Requests. Employers shall be permitted to request,
in writing, specific employees by name
regardless of their position on any list. The Business Agent shall
discourage abuse of this clause by Employers.
3.9. Rejection. Employers have the right to reject any registrant
referred by the Hiring Hall, if they
immediately
provide their reasons in writing. If a registrant is rejected after appearing
for a call,
the
registrant's name will be immediately placed at the top of the call list.
3.10. Additional Staffing. If temporary positions requiring
special skills and at least three (3) years
experience
cannot be filled from registrants currently available on the A, B+ or B lists,
the
Business Agent shall be permitted to
call upon registrants who would not normally be available
because of
other work in the trade and jurisdiction. These registrants shall be allowed to
work
under such
conditions as are permissible by their current employer.
3.10.1. Other Sources. In the
event a call for referrals cannot be filled from the Lists, the Business
Agent shall be
permitted to secure competent workers from other reliable sources.
3.11. Extras Called. In the event that more referrals than were
requested by the employer are called and
appear for a
call, the Steward or Business Agent shall first determine whether the employer
is
willing to
hire or compensate the extra worker(s). Should the employer not hire or
compensate the
extra
worker(s), the Steward or Business Agent shall request volunteers willing to be
released from
the call. If
there are no volunteers, the last extra worker called shall be the first to be
sent home.
Extras sent home from a call without
compensation will have their names placed at the top of the
Rotation list in the order they were
released from the call.
4. Disciplinary Code
4.1. All registrants who accept work through referral by Local
927's Hiring Hall will be held
accountable for
their actions under its Disciplinary Code.
4.2. The Business Agent and Job Steward shall have the authority
to immediately remove from the job
site and
replace any registrants for commission if any of the offenses listed in the
Disciplinary
Code.
4.3 Violation under the Code shall be penalized by suspension
from the Referral Lists as follows:
4.3.1. Extreme Offenses, 2 years.