– Re: The Carpenters Union Now Allows (Company Men) To Act as Shop Stewards......
In Reply To
Compare language from the March 12, 2013 signed WC&C CBA:
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Section 2.(b) For jobs only requiring two (2) employees, the Employer will be permitted to work without a certified shop steward without time limitation. Any employee who is not a member of the District Council will be matched 1:1 from the District Council's Job Referral List. The Union will assign one (1) of the (2) members with the duties of the shop steward. In the event of any violation of the two (2) man rule (i.e. not reporting the job and/or employing more than two Carpenters without a Shop Steward), the contractor will lose this privilege for the remainder of the term of the contract. If there is a third employee dispatched by the District Council's Job Referral List, that employee shall be a certified shop steward and the shop steward will remain for the duration of that project. This is not to be used as a "head start." An arbitrator is empowered to award as remedy for a deliberate violation of the "head start" provision the loss of the Employer's privilege hereunder for the reminder of the term of the contract.
To the language in the March 2012, Member ratified, HASTA CBA:
AGREEMENT made and entered into this 1st day of July 2011
and effective as of July 1, 2011, between:
THE HOISTING TRADE ASSOCIATION
OF NEW YORK, INCORPORATED
ON BEHALF OF ITS MEMBERS’ FIRMS
HEREIN REFERRED TO AS
(THE “TRADE ASSOCIATION” and/or THE “EMPLOYER”)
NEW YORK CITY AND VICINITY
DISTRICT COUNCIL OF CARPENTERS
HEREIN REFERRED TO AS
(THE “UNION” and/or THE “DISTRICT COUNCIL”)
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Section 7. Each company signed to the Hod Hoist Agreement shall have a roving Shop Steward for jobs of fifteen (15) days or less. The roving Steward will be selected by the Union and shall be certified by the NYC District Council of Carpenters. The roving Shop Steward shall have at least three years experience working with Scaffolding and Sidewalk Shed. This can be determined by thenumber of hours he/she has worked for a signatory scaffold company. The number of hours which shall constitute a year shall be 1,200 hours. When a signatory Employer wishes to lay off a roving Shop Steward during continuous employment, the Employer must notify the Union and have a meeting with the Union. If termination takes place a letter must be sent to the Union.
A roving Shop Steward may not be used on any SCA/PLA projects. Each SCA/PLA project will require a dispatched Shop Steward from the OWL.
The roving Shop Steward cannot be used on a project which is greater than fifteen (15) days. On such projects, the Union shall dispatch a Shop Steward from the OWL.
The roving Shop Steward shall be employed by the contractor at all times provided they have crews working, other than the exclusions stated above. The roving Shop Steward shall be entitled to work all overtime, where possible. However, when an entire crew, of which the Shop Steward is not a part, is to work overtime, it is not required that a member of that crew be bumped or replaced, in order to make room for the Steward.
For all jobs greater than fifteen (15) days, the Union shall dispatch a Shop Steward to the jobsite. Fifteen (15) days shall be counted as consecutive days for installation, or for dismantling, or for alterations, or for repairs, allowing for weather or jobsite conditions. The company shall notify the Union of the installation or dismantling or alterations or repairs for each jobsite. For the selection of the Shop Steward, the company should request from theOWL a certified Shop Steward with the necessary skills.
If a company is found in violation of not requesting a Shop Steward for jobs greater than fifteen (15) days, it shall pay the next available Shop Steward from the OWL from the time when the job started for all days worked. Multiple violations will be reviewed and adjudicated by Labor Management and a penalty will be determined for any violation of this agreement.
The Shop Steward must have the necessary skills and be able to perform the work assigned to him/her.
The Shop Steward shall be given sufficient time to perform his/her duties assigned to them by the District Council. All New York City District Council certified Shop Steward reports must be faxed and mailed to the Union hall every week and they must be signed by the foreman on that job until such time that an appropriate scanning device is put in place.
Mobility Language to be added.