Metro Area, Southern MN, Central MN, Northern MN, North Dakota

On the bench updated February 24, 2010

LOCAL #10 METRO DISPATCH POLICY

Revised 7/27/2009

1. The Union shall be the exclusive bargaining agent for all employees performing work described in Article I of the Commercial, Architectural, and Specialty Agreement between the Commercial Subdivision of the Twin Cities Division, SMARCA Inc, and Sheet Metal Workers Local #10 Metro Area (Agreement) as provided in Article III, Section 1 thereof. Solicitation of employment by a member or employer is strictly prohibited. All referrals will be on a non discriminatory basis as set forth in Article III, Section 10 of the Agreement and will not be based on membership or non membership in the union.

2. The Union will maintain separate out of work lists for Commercial Journeypersons, Residential Journeypersons and Commercial Apprentices, and Residential Apprentices. When a member is laid off by an employer, including temporary jobs, he/she must notify the Union Hall to have their name placed on the out of work list. Names will be entered on the appropriate out of work list in the order in which they are received. It is the member’s responsibility to inform the dispatcher of any changes to his/her information after their name was placed on the list.

3. Employers will submit all requests for workers in writing to the Local. Said request will remain in force for 5 working days only and thereafter will be considered as having expired. Cancellation of such requests may be made by phone. (Article III, section 8)

4. The employer retains the right to refuse employment to any applicant. (Article III, Section 2). The dispatcher may request that the refusal be in written form.

5. Employers shall be entitled to recall a worker from the Union layoff list as long as the worker is collecting unemployment benefits chargeable to the employer at the time the request is made. The worker may elect to refuse employment and remain on the layoff list. The union may require the employer to provide written evidence that the worker is drawing unemployment benefits chargeable to the employer. (Article III, Section 9) The employer must contact the Union Hall to request a “call back”.

6. Upon receiving a request for manpower, the dispatcher will call the first person, meeting the qualifications set forth by the contractor, on the appropriate journeyman or apprentice out of work list. The dispatcher will continue to call qualified names on the list, in order, until the position is filled.  The dispatcher will dispatch the eligible workers for short term work in as equitable manner as possible.  Members will be responsible for accurately maintaining an accurate list of their qualifications on file with the Union office. Knowingly submitting or maintaining an inaccurate listing of qualifications may result in discipline.

7. When calling with a job offer, the dispatcher will leave a message on an answering machine, but he is not required to wait for a reply before moving to the next name on the list. The dispatcher will note when he has left a message, and will not be required to call with subsequent job offers until he has received a response on the first offer.

8. All journeymen, apprentices, and pre-apprentices dispatched to an employer by the Union Hall must be accompanied by a referral slip or thy will be refused employment. (Article III, Section 3) the referral slip may be faxed to the employer by the dispatcher.

9. Members with unmet financial obligations to the local will be required to make arrangements for payment with the Financial Secretary prior to being dispatched to work.  Those that have forfeited membership will be required to make arrangements for payment with the Financial Secretary and will then be placed at the back of the list.  Non members will be required to pay a reasonable fee to the Union to defray the cost of maintaining the hiring hall in order to have their names placed, and remain on the out of work list. In no event will this fee equal or exceed the regular membership dues.

10.  Any Journeyperson dispatched to work will retain his/her number on the unemployed list for 2 weeks (10 working days).  Journeypersons who were dispatched to work and are laid off after working  2 weeks (10 working days) but prior to 8 weeks (40 working days) will be adjusted back from their original number on the list, 3 places for each working day in excess of the 2 weeks (10 working days).  Journeypersons laid off after working 8 weeks (40 working days) will have their names placed at the back of the out of work list. 

11.  Any Apprentice dispatched to work will retain his/her number on the unemployed  list for 2 weeks (10 working days).  Apprentices who were dispatched to work and are laid off after working 2 weeks (10 working days), but prior to 8 weeks (40 working days) will be adjusted back from their original number on the list, 1 place for each working day in excess of 2 weeks (10 working days). Apprentices laid off after working 8 weeks (40 working days) will have their names placed at the back of the out of work list.

12. In the interest of preserving the apprenticeship training program and the collective bargaining agreement itself, persons who have been terminated from or are unable or unwilling to complete the apprenticeship program will not be placed on any out of work list.

13.  All disputes regarding the interpretation or application of this Referral Policy shall first be brought to the attention of the Business Manager for resolution within 10 days of the occurrence of the dispute. If the dispute is not resolved by the Business Manager to the satisfaction of the aggrieved individual, the matter shall them be brought to the Executive Board for hearing and final resolution.

 14. The out of work list will be printed weekly and will be available for review in the  dispatch area during regular dispatch hours.  Copying the list in full or in part shall not be permitted.  An appointment to review the out of work list outside of the regular dispatch hours but during regular office hours may be coordinated with the dispatcher at least one day in advance.

This policy will be periodically reviewed by the Executive Board and amended as needed.

All questions regarding application of this policy will be directed to the dispatcher, or if needed, the Business Manager.
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