Below please find a copy of Local 174’s newly revised and adopted Heavy Construction Hiring Hall rules. These rules will go into effect December 1, 2010.
For more than a year, the elected leadership of Local 174, Local 174 Business Agents and Local 174’s Legal Counsel has worked diligently to revise Local 174’s Heavy Construction Hiring Hall rules to conform both to changed industry norms and some new legal constraints which have been imposed on the Union by the National Labor Relations Board.
As a result of that process, the Hiring Hall rules have been revised in a number of ways. Some of these changes include:
New obligation for registrants to be available for work. Registrants who are on out-of-work lists are obligated to remain available for dispatch between the hours of 8:00 a.m. and 4:30 p.m. on weekdays and to be reachable by telephone at the phone number designated by them no less than 30 minutes after the Dispatcher attempts to contact them. Failure to respond to a phone call within 30 minutes will be considered a refusal.
- More severe penalties for refusing jobs. Two refusals will result in a six-month suspension from the list.
- New penalties for failing to inform the Dispatcher of a call-back. Registrants who fail to inform the Dispatcher of a call-back within 24 hours will suffer increasingly serious consequences for each such failure, culminating in expulsion from the Hiring Hall.
- New rules relating to “do not dispatch” lists. The Union will only honor an employer’s “DND” designation for two years. A registrant may also grieve that designation. However, an employee who is fired for unsatisfactory work or placed on DND status by three employers over any two-year period, without a grievance being successfully pursued by the employee, will be expelled by the Hiring Hall for at least two years following the last adverse employment action.
- New obligations to keep the Dispatcher informed of changes in employment status and penalties for failing to do so. Registrants are obligated to call the Dispatcher within 24 hours if they obtain any type of employment, whether in or outside the industry, so they can be removed from the list. Failure to do tins the first time will result in a 6-month suspension from the list; repeated failure to comply with this rule will result in increasingly severe sanctions being imposed.
- Reduction in number of days of work registrant may perform for one employer while retaining place on list. Registrants who, after accepting a dispatch, perform more than five (5) days of work for that employer (without intervening dispatch to another employer) will lose their prior list placement.
- Hiring Hall fee raised to $50.00 per month. Due to the dramatically increased costs associated with operating the Hiring Hall, the monthly fee charged to all registrants who are not active dues-paying members of the Union has, out of necessity, been raised to this level.
Please be aware that this is only a summary of some of the most significant of the changes which have been made to the Hiring Hall rules. In order to fully understand your rights and responsibilities as a registrant, it is important for you to carefully read the entire revised rules enclosed with this letter. However, because you are an existing registrant, not a new registrant, it is not necessary for you to acknowledge receipt of the rules by signing on the last page where it is indicated that you do so.
If you have any questions about the revised Hiring Hall rules or about any of the procedures applicable to the Union’s hiring hall, please do not hesitate to call Dispatcher Laurie Wood at (206) 441-0223 or (866) 685-9459 for more information.
GENERAL TEAMSTERS LOCAL UNION NO. 174 HEAVY CONSTRUCTION HIRING HALL RULES
1. For purposes of registration on the Local Union No. 174 Heavy Construction Hiring Hall (“Heavy Construction Hiring Hall”) lists, the Local Union recognizes two types of registrants for referral:
A. “Active registrants,” defined as applicants for referral who meet the qualifications as specified in these Heavy Construction Hiring Hall rules and relevant employer contracts, who are not currently working for any employer, and who are awaiting referral on either the Group One, Two, or Three Heavy Construction Hiring Hall lists.
B. “Inactive registrants,” defined as individuals who are in good standing with the Heavy Construction Hiring Hall but who are not currently on any “Out of Work” list.
2. Active registrants’ names will be placed on the appropriate Group list, commonly referred to as the A, B, & C “Out of Work” lists, according to their qualifications. The list qualifications are as follows (pursuant to Section 10.3.1 of the Associated General Contractors of Washington Agreement with Teamsters Locals 38, 174, 231, 252, 313, 589, hereinafter “AGC Agreement”):
All Teamsters, upon appropriate registration for employment, shall be hired and/or rehired in strict accordance with their total length of service with any Employer’ or combination of Employers*, under the terms of this or predecessor agreements, as follows:
A. GROUP ONE (“A” list) – Teamsters who have worked an aggregate of 500 hours during the two (2) year period immediately preceding registration. Persons who have successfully completed the Teamster Training Program shall also be entitled to registration in Group ONE category.
B. GROUP TWO (“B” list) – Teamsters who have worked an aggregate of less than 500 hours during the two (2) year period immediately preceding registration.
C. GROUP THREE (“C” list) – Teamsters and other registrants for employment that have accumulated no hours during the two (2) year period immediately preceding registration.
3. First time applicants who wish to register on the Heavy Construction Hiring Hall must do so in person at any time during normal office hours and must provide the following:
A. Completed Heavy Construction Hiring Hall application.
B. A copy of their valid Drivers License (CDL with appropriate endorsements if applicable).
C. Current Medical Card if applicable.
D. Department of Motor Vehicles five (5) year complete Driver’s Abstract no more than 30 days old.
E. Applicants must be available to interview with the Heavy Construction Hiring Hall review Committee, if deemed necessary by the Committee Chair. Applications will be reviewed and applicant will be given a date and time for their interview with the Heavy Construction Hiring Hall Review Committee
F. Any applicant desiring to be dispatched to a job requiring special certifications, such as Hazwoper, forklift, Smart Mark, OSHA 10 or other shall provide the Dispatcher a copy of such certification. Absent such applicable certification on file with the Local Union, an applicant shall not be eligible for dispatch to a job requiring such special certification.
G. All qualified applicants shall be positioned in Groups ONE, TWO, or THREE (also known as A, B. and C) in the order in which they applied, provided they meet the requisite qualifications stated above. Dispatches will not be issued unless the applicant has registered and been properly assigned to a Group.
4. Registrants who wish to update or modify their job qualifications and/or special certifications shall communicate that desire in writing to the Heavy Construction Hiring Hall Dispatcher (“the Dispatcher”) and provide appropriate documentation where applicable. In order for registrants’ records to be updated or modified, registrants must also provide the dispatcher with a copy of their current valid Drivers License, including CDL with appropriate endorsements if applicable, a copy of their current Medical Card if applicable, a Department of Motor Vehicles five (5) year complete Driver’s Abstract no more than 30 days old, and current copies of any special certifications.
5. Initial dispatch will be made exclusively by telephone. At the time of initial registration, applicants for referral must provide one telephone number where they may be reached between the hours of 8:00 a.m. and 4:30 p.m. on weekdays. It is the responsibility of the applicant to inform the Dispatcher of any changes in the phone number the applicant wishes to designate for this purpose.
6. Active registrants are obligated to remain available for dispatch between the hours of 8:00 a.m. and 4:30 p.m. on weekdays and to be reachable by telephone at the one phone number designated by them for such calls no less than thirty (30) minutes after the Dispatcher attempts to contact them. Should any active registrant fail to answer the phone when called for a potential dispatch by the Dispatcher, and subsequently fail to return that call within thirty (30) minutes, the registrant will have failed to satisfy this obligation (this will be considered a refusal). Should this occur two (2) consecutive times, or should it occur two (2) times within any 90-day period, the registrant will be suspended from the Out-of-Work list for a period of six months. The Dispatcher will leave a message on any answering machine or voice mail system that the registrant uses, to facilitate a return call, but it is the registrant’s obligation to ensure that such a system exists and is functioning.
7. Upon request from an employer for Teamsters, the Union shall dispatch qualified and competent active registrants in the manner specified. Initial dispatch will be made exclusively by telephone in order of the referral lists, beginning with qualified individuals from Group One. If the Dispatcher is unable to fill the dispatch with qualified individuals from Group One, he/she shall dispatch qualified individuals from Group Two in their order on the referral list. If the Dispatcher is unable to fill the dispatch with Group Two applicants for referral, he/she shall dispatch qualified individuals from Group Three in their order on the referral list.
8. All Teamsters, whether new hires, re-hires or re-calls after termination or layoff, must be dispatched through the Heavy Construction Hiring Hall. Hours accumulated other than through a proper dispatch may not be considered for grouping qualifications. Teamsters or others employed contrary to the hiring provisions of this agreement, other than under the circumstances addressed in paragraphs 9 and 19, below, shall be deemed to be unlawfully employed. The Union reserves the right to require that the unlawfully employed individual be terminated from that employment. In addition, that individual shall thereafter be ineligible for dispatch to the employer involved for a period of six months and shall be placed on the bottom of the list. If a member is deemed unlawfully employed for a second (2nd) time he/she will be ineligible for the Heavy Construction Hiring Hall list for a period of one (I) year. The third (3rd) unlawful employment will make the member ineligible for the Heavy Construction Hiring Hall for life.
9. Employers are entitled to recall any former employee by “callout.” A former employee entitled to a personal call (callout) who accepts same must immediately (within twenty-four (24) hours) secure a dispatch from the Dispatcher. Any registrant who accepts a personal callout without notifying the Dispatcher within this 24-hour time period will suffer the following consequences:
A. First Offense: as of the date the Dispatcher learns of the failure to comply with this requirement, the registrant will be moved to the bottom of the list.
B. Second Offense: as of the date the Dispatcher learns of a second documented failure to comply with this requirement, the first failure having previously been sanctioned as a First Offense consistent with the above provision, the registrant will be immediately removed from the list, and will also be suspended from the Out-of-Work list for a period of six months.
C. Third Offense: as of the date the Dispatcher learns of a third documented failure to comply with this requirement, the first two failures having previously been sanctioned consistent with the above provision, the registrant will be expelled from the Hiring Hall for a period of two (2) years.
10. Active registrants who suffer illness or injury and are unable to respond to a dispatch will be removed from the list during their illness or injury and returned to their original place on the list when they are released by their doctor provided such written release is submitted to the Dispatcher.
11. Members of the military who are called to Active Duty will be removed from the list and returned to their original place on the list when they are released from active duty. The Dispatcher must be provided a copy of their Active Duty orders, DD214, discharge or other appropriate document.
12. When a registrant has been rejected, laid off as unsatisfactory, or discharged for cause by an Employer, and the Employer makes a written request that this registrant not subsequently be dispatched to that Employer and identifies the “cause” which is the basis for this request, at that time the Employer shall notify the registrant and the Union in writing. The Employer’s request will be honored for a period of two years following the date of that request. Such a request may be grieved by a registrant in accordance with the procedures set forth in the AGC Agreement. Under no circumstances will any written request that a registrant not subsequently be dispatched to the requesting Employer be honored for a period of time in excess of two years; however, an Employer may renew such a request in writing to the registrant and the Union for additional two-year periods, should it choose to do so, subject again to the registrant’s right to grieve that renewed request.
13. A registrant who three (3) Employers have either discharged for cause, rejected, or laid off as unsatisfactory with a request that he or she not subsequently be dispatched, within a two-year period will be expelled from the Hiring Hall for a period of two years following the date of the last adverse employment action. Decisions by Employers rejecting, laying off as unsatisfactory, or discharging for cause may be grieved by a registrant in accordance with the procedures set forth in the AGC Agreement. Any grievant who is expelled from the Hiring Hall pursuant to this provision may apply for reinstatement in the Hiring Hall after the end of the two-year period of expellment, and such an application will not be unreasonably denied.
14. A registrant will not lose his/her place on the Out of Work list unless he/she has worked for more than five (5) days for one employer without an intervening dispatch to another employer. Days worked will be counted sequentially commencing with the first day worked after accepting the original dispatch, such that when such worker returns to being an active registrant, he/she shall only be restored to his/her previous place on the list if he/she still has performed no more than five (5) days of work for that employer without an intervening dispatch to another employer.
15. An applicant for referral’s eligibility for placement upon the Group listings maintained by the Heavy Construction Hiring Hall is governed exclusively by the Local Union No. 174 Heavy Construction Hiring Hall rules, the Associated General Contractors of Washington agreement and/or applicable provisions in other relevant Local Union No. 174 employer contracts. Should a conflict exist between any of these rules and provisions, the rules and provisions set forth in the Heavy Construction Hiring Hall rules will prevail to the extent legally permissible.
16. First time applicants for referral pay a one time $25.00 processing fee and thereafter all applicants for referral pay a $50.00 per month fee. This fee is due by the last business day of the month to be eligible to be on the list for the next month. Any applicant who is not current with their Hiring Hall service fees will not be eligible for referral and will be removed from the Group list and placed on inactive status.
17. Member/registrants for the Heavy Construction Hiring Hall who wish to remain active registrants may do so for six (6) consecutive months by paying full dues each month instead of Heavy Construction Hiring Hall Fees. After six (6) months on the list registrants will be placed on withdrawal and must pay the monthly Heavy Construction Hiring Hall service fee of $50.00. Member/registrants who are active members in good standing at the time of their registration and elect to pay the monthly Heavy Construction Hiring Hall service fees of $50.00 will be placed on withdrawal until they are dispatched to and/or provided work by a signatory employer.
18. Applicants for referral may not be registered on a hiring hall of more than one (I) Teamster Local Union that is signatory to this Agreement at the same time. A violation of this rule shall result in exclusion from all hiring hall lists for six (6) months. In the event that a Teamster desires to be placed on the hiring hall lists of another Local Union signatory to this Agreement, he shall register with such Local Union in accordance with its rules and regulations and be placed in the same group in which he established eligibility prior to transfer.
19. Once a registrant is signed up on the “Out of Work List,” he/she is required to call the Dispatcher within 24 hours if he/she obtains any type of employment, whether in or outside the industry, so he/she can be changed to inactive status and be removed from the list. Failure to do so will result in a 6-month suspension from the list for the first offense in a rolling twenty-four (24)-month period and a 12-month suspension for the second offense in that same period of time.
* “Employer” and “Employers” mean: (1) any Employer party to the AGC Agreement; (2) an out-of-town Employer who adopts or works under the AGC Agreement and contributes to the Health and Welfare and Pension plan; and (3) any Employer who employs Teamsters under the terms of the AGC Agreement and is a contributing Employer within the meaning of the Health and Welfare and Pension Plans.