People who use the job dispatch system are called “applicants”.  Applicants must re-sign the out of work list within the first five (5) working days of the month if they are still unemployed.  Applicants shall have five (5) working says from the first day of the month to keep their name on the “Out-Of Work” (OWL) list.  If they do not re-sign in during one (1) of those five (5) days, then they will be taken off the OWL and must re-sign in at the bottom of the list the next time they check in.  The dispatcher shall accept only a request to re-sign from the applicant.  The dispatcher will not accept a re-sign request from an applicant’s friend, relative, or other person.  If an applicant will not be in the country during the time of sign in, and are unable to call in, then the applicant may mail in a request prior to an not after the five (5) working days to keep their name on the OWL.

When an applicant telephones their request to remain on the OWL it is the applicants responsibility to tell the dispatcher or office staff that they are calling to keep their name on the OWL for the current month of the day that the phone call was received.  An applicant must not expect to remain on the OWL just because they placed a call to the Union Hall.  Each applicant is responsible for making sure that they told the individual that they spoke with that their phone call was intended to keep their name on the OWL.  Applicants are required to use the automated phone system to do their monthly check in.  Applicants will dial the office number followed by the OWL extension.  (801) 972-5380 ext: #23.

II – Out Of Work List / Short Duration Job / Transfers

Applicants shall acquire and retain their position on the OWL if they have: 1^st signed in by filling out a sign-in sheer and complete all the questions asked; 2^nd, if they work for a short duration.  Short duration is defined as a job that last 40 straight time hours or less for that individual.  3^rd, if they re-sign within the 1st five (5) working days of the month because they are still unemployed.

Applicants must notify the dispatcher about short duration jobs as follows: If an applicant is sent on a job of short duration they shall be removed from the OWL the day that they are sent out to the job, If the job lasts 40 straight time hours, or less, then the applicant shall call the dispatcher within two (2) working days of their termination to be placed back on the OWL in the position they held before accepting the job.  If they do not call in before two (2) working days then their name will remain off the list until they resign and they will resign at the bottom of the list.

Note: If an applicant quits or is fired prior to the completion of the forty (40) straight time hours then they will be placed at the bottom of the OWL.

If an applicant is currently on the OWL and takes a transfer from Local #295, they must return the unused transfer within five (5) working days of the date issued in order to be put back on the OWL in the same place they held prior to taking the transfer.  After five (5) working says if the transfer is returned the applicant must go to the bottom of the list.

Applicants who transfer into Local #295 will be placed on the appropriate list for which they qualify.

Article III – Dispatching / Special Skills

Jobs will be called out by phone only.  They will be called out between the hours of 8:00 am and 5:00 pm.  On occasion we the occurrence may arise, job calls could be made after 5:00 pm and on weekends.

To notify am applicant of a job referral, the Local Union shall call the applicant at the telephone number(s) on file.  The Local shall record the date and time of the call, the person making the call, the name of the employer, the location of the job, the start date and time of the job, and the results of the call, including whether the call was answered, by whom and what response , if an, was made.

If an applicant is called and they are not at home, the dispatcher shall go to the next name on the list.  If the dispatcher calls and a spouse or relative says the applicant will get back to the dispatcher as soon as possible, the dispatcher will continue to call until the job is filled.  If the individual calls and the dispatcher had not yet filled the job then the applicant can accept the job.

If an applicant has indicated to the dispatcher that they do not want to go to a specific place ten the dispatcher will note on the OWL the special request, the dispatcher will keep this on the list until the applicant requests that it be removed.  This would apply if an applicant is temporarily unavailable for work because of sickness, injury, or out of town, etc.  Applicants should check on a regular basis to see what special requests are on the list by their name.  If an applicant does not want to work out of town they should tell the dispatcher how many miles out of their locale they would accept.  (Example; will work up to 60 miles from home.)

Only qualified applicants may accept a job call.  The dispatcher will keep track of “special skills” on every applicant.  An applicant is responsible to tell the dispatcher what special skills that they have so they may be placed on the list.  If a contractor calls for special skills the dispatcher will go down the list until they find an applicant who has listed the special skill(s).  (Example; special skills may be English speaking, flagger, pipelayer, laser beam operator, concrete experience etc.)  Applicants are responsible for making sure that their skill(s) listed on the OWL are up-to-date and that the Local has copies of all current certifications.

An applicant shall not be referred to an employer if the applicant was previously discharged for cause by the same employer.  Applicants who are twice lawfully rejected by an employer for lack of skills, after referral by the Local Union, shall not be eligible for referral to a job requiring the same skill without first providing the Local Union with references from two (2) previous employers, showing the applicant has demonstrate the skills required.

Artive IV – Dispatch Grievance Procedures

There are times when an applicant may quit a job, or not show up for work after they received a dispatch.  If the applicant does this, they will be placed at the bottom of the list.  I an applicant has quit a job or did not show up for a job after being dispatched, or otherwise and feel that they should not be taken off the OWL, then the applicant must file a Dispatch Grievance.  The Grievance requires an explanation from the applicant as to why they were fired, quit or no showed for a job.  This Grievance will be brought to the Executive Board.  The applicant will be able to appear in person during the Executive Board meeting to state his or her case or may do so in writing.  Neither the Executive Board, Dispatch Rules or Code Of Conduct violate the current working agreement of the Constitution of the Laborers’ International Union of North America.

Article V – General Provision

1. The Executive Board shall have authority and oversee the dispatch system operation and compliance.  The Executive Board shall hear and decide all dispatch grievances.  Any applicant may file a dispatch grievance.

1.  The Executive Board shall have the authority to set the monthly Registration Fee.

1. The Executive Board cannot change the Hiring Hall Dispatch Rules without a vote by the membership.

1. All applicants must be either Local #295 members current on their monthly dues, working assessment dues and initiation payments, OR non-members who shall have paid the monthly registration fee.

1. Applicants shall not register on the OWL while they are working at the trade.  “Working at the trade” shall mean either working for a Union or non-union employer as a construction laborer.

1. If it is found that an applicant has violated the OWL by signing the list and still continuing to work at the trade, then the Executive Board may suspend the applicant from the list for up to six (6) months, subject to the Dispatch Grievance Procedures.  An applicant must be notified by certified letter to respond within five (5) days.

1. The Executive Board shall have authority to hold hearings, and after a hearing restrict, suspend and reinstate applicants for violation of these Dispatch Rules, as it applies to the OWL.

1. An applicant who quits or does not show up for employment after accepting a dispatch for three (3) jobs in a period of six (6) months will be automatically dropped from the OWL for a period of thirty (30) days.  The member then has five (5) days to appeal with the Executive Board to answer the appeal within seven (7) days.  An applicant must be notified by certified letter to respond within five (5) days.  Extenuating circumstances will be considered by the Board in all cases.

1. When a registrant has been terminated for failing to pass a substance abuse test, the individual shall be denied use of the hiring hall facilities for thirty (30) days and will be registered on the bottom of the appropriate OWL for which he/she qualifies for after the registrant registers following the thirty (30) day period.

Should the registrant be terminated a second (2^nd) time for failure to pass a substance abuse test in a twenty-four (24) month period, the registrant will be denied use of the hiring hall facilities for ninety (90) days and will be registered at the bottom of the appropriate OWL for which he/she qualifies after the ninety (90) day period.

Should the registrant be terminated a third (3^rd) time in a twenty-four (24) month period for failure to pass a substance abuse test, the registrant will be denied the use of the hiring hall facilities for a period of twelve (12) month period.

1. Selection and referral of applicants for jobs shall be on a non-discriminatory basis with regards to race, disability, religious, color, age, sex, creed, Union Membership or non-Membership.

1. These rules shall be conspicuously posted at the Local Union Office.  Additional copies of these rules shall be made available to members upon request, subject to the payment of reasonable copying costs.  New members shall receive a copy of the job referral rules upon admission to membership.

ARTICLE VI-JOB REFERRAL INFORMATION

A Local Union shall maintain accurate and current records of all job referrals.  The records shall be preserved for a period of three (3) years from the making of each record.  The records shall include the following information:

1. All registration by applicants of their availability for referral, including the date of each applicant’s registration.

1. A current OWL, including all applicants whose registration of availability for referral are then in effect, and the date of each applicant’s registration.

1. All requests from employers for works, including the date of each request, the location of the job site, the length of the job (if available), and any requests by the employer for applicants with special skills, licenses, or certifications, or an applicant-employed by the employer pursuant to Article III above.

1. All instances where a job referral is not made because an applicant: 1). Refuses the referral, 2). Is unavailable, or 3). Lacks the required skills, including (where applicable) the date and time of the call(s), the person making the call(s), the name of the employer, the location of the job site,k the start date of the job, the basis for not making the referral, the results of the call, including whether the call was answered and by whom (if possible) and what response, if any, was made.

1. All job referrals made, including the applicant referred, the date on which the applicant registered his or her availability for employment, the date of the referral, the employer, the location of the job site, the date the applicant was hired and the date any employment was terminated.

ARTICLE VII-ACCESS TO JOB REFERRAL INFORMATION

1. Any applicant can inspect or copy any record containing the job referral information described in Article VI (B).  An appointment for inspection shall be scheduled for within five (5) days of request.  Copies of 500 pages or less shall be provided within ten (10) working days of request.  Copies more than 500 pages shall be provided within thirty (30) working days of a request.  A Local Union may charge $0.50 per page to copy the first (1^st) twenty (20) pages and $0.25 per page thereafter.

1. Lists containing the information described in Article VI (B) and € shall be conspicuously posted, or otherwise immediately available for inspection, at the Local Union office on a weekly basis, so that the previous week is posted or immediately available by the close of business on the following Monday.  The information shall remain posted or immediately available for at least two (2) weeks.