Should anyone have any updates to this January 9, 2013 OWL Job Referral System established by the court appointed Review Officer Dennis Walsh, please add any/all changes below.
** Anybody want to take a shot at Squaring this Circle relative to the "CEMENT LEAGUE" test case sponsored AND directly financed by the UBCJA International's McCarron & his corrupt buddies at the NRCC (the Jersey girls, Spencer; Capelli) wherein the Cement League was allegedly "agnostic" and wherein they failed to file a legal brief with ALJ Green and wherein Doug & NRCC & their corrupt pals at the Contractor Associations allegedly were forced to step in as a "party in interest" (wink-wink) to take the lead in this Abortion of Justice - please, by all means have at it.
Realize that you must file any & all concerns with the 2nd Cir. Court of Appeals and should should also serve ALJ Green, the NLRB Board, the inept & non Labor Law D.C. Counsel (Murphy & Jones), the non Labor Law Attorney & I.M. Glen McGorty and the dopes over at the corrupt United States Attorneys Office for the S.D.N.Y.
*** Realize that contrary to the alleged (false) claims of the as written Walsh work Rules for the OWL that the D.C. in NRCC is an NLRA 8(f) Non-Exclusive Hiring Hall arrangement; while the NYCDCC Contracts (CBA's) were all exectuted as NLRA 9(a) Exclusive Hiring Hall arrangements; thus - notwithstanding R.O. Dennis Walsh's false claims
as used herein; the legality of these phony OWL Rules is clearly ripe for de novo Appellate Review. And, that is also contrary to the NLRB Boards phony Declaration that the only issue is the 50-50% RULE.
The false claim made by the NLRB Board majority belies their obligation to review all facts, statute, laws, contracts and rules of operation inclusive of the NYCDCC McCarron, Conboy, Walsh & USAO authored August 5, 2011 by-laws.
ALL FALSE CLAIMS MADE BY ALL PARTIES NOTED ABOVE ARE SUBJECT TO DE-NOVO REVIEW BY THE APPELLATE COURT.
This case proves that your elected EST, President & Vice President as well as the 100-Member Council Delegate Body all were asleep at the wheel and that none are fit to serve as representatives of the NYC District Council of Carpenters; and that the March 3, 1994 Civil Consent Decree must be kept in full force and effect until such time as qualified and competent individuals are elected and seated to replace every last one of them.
Were this not true; they all would have caught on to the false claims, the lies and they would have had an open & honest review of yet another McCarron & coorporate puppetmaster contractor/developer sponsored test case which by design is a de-facto amendment of the NLRA without Congressional authority; and the brain dead USAO would have initated a formal investigation into the pay-offs and bribes made to officals above including the Board & ALJ etc. to circumvent known law and create their own version of it to suit the illegal agenda of McCarrons Corporate handlers and puppet-masters.
All criminal suspects are guilty until proven innocent in a UBCJA Kangaroo Court of law, a court of law; ahh, shit - I meant innocent until proven guilty in a corruption free court of law, or are they?
NEW YORK CITY DISTRICT COUNCIL OF CARPENTERSJOB SOLICITATION, REGISTRATION AND REFERRAL SYSTEM WORK RULES.
1.Establishment of Job Referral System:
The New York City DistrictCouncil will make available a non-exclusive and non-discriminatory referrallist for individuals seeking work with signatory contractors or otherwisebound to a collective bargaining agreement with the District Council. Theterms job referral list" and "out of work list", as used in these rules,are interchangeable and have the same meaning.
2. Non- Exclusivity of Job Referral System:
Carpenters are allowedto solicit (“shape") work from employers provided the employer is asignatory or bound to a collective bargaining agreement with the DistrictCouncil.
3. Numerical Operation of the Job Referral System:
Eligibility forreferral within the geographic area of the job location for carpentershaving the requested job skill(s), starts numerically with the individual'spersonal request to be placed on a referral list (first come-first served)and his or her availability for work at the time the referral call from theJob Referral Office is made.
4. Eligibility for Referrals:
To be eligible for referral anindividual must (a) be unemployed and available, (b) be currentlyregistered on the referral list, and (c) meet the training and experiencequalifications necessary to perform any specific work assignment asrequired. No UBC member may register their name to the New York CityDistrict Council of Carpenters Out of Work list if they are working in thetrade, in any jurisdiction.
5. Separate Apprentice List:
Apprentices shall be referred underseparate Job referral lists for each local union and shall be listedaccording to their apprentice year. Apprentices should freeze their out ofwork list registration when attending their periodic training classes ifthey were unemployed prior to beginning their training.All graduating apprentices will be merged onto the journeyperson Out-of-Work list based on their percentile position onthe apprentice Out-of-Work list.
If a graduatingapprentice is exactly at the halfway position on the apprenticeOut-of-Work list, he or she will be placed at the halfwayposition on the journey person Out-of-Work list. It is yourresponsibility to notify the Job referral office with proof ofdocumentation upon graduating.
6. Posting of Job Referral Lists at Labor Technical College:
All outof work lists are posted weekly and job referrals are posted daily at theLabor Technical College at 395 Hudson Street, New York City and areavailable for viewing during its regular business hours.II.Signing Up For the Out of Work list.
7. Registration of Availability for Referral:
A person seekingreferral to a job may register with the District Council Job ReferralSystem by telephone during business hours (8 a.m. to 4 p.m.), by providing
his or her name, telephone number, social security or UBC ID number andskill qualifications.In an effort to provide a better means of security to themembership’sinformation, the Job Referral Servicerepresentatives will ask the member to verify either the lastfour digits of their social security number, date of birth orphone number before releasing any information.8. Phone Numbers To Register, Report Employment or Check Position:1- 800-858-8683 or 1-212-366-3330 may be used when calling to put your nameon the list, report employment, or check your position on the out or worklist. Calls must be received between the hours of 8 a.m. and 4 p.m. forthese purposes.
9. Carpenters Must Keep Their Registration Information and SkillCertifications Current:
Carpenters are responsible for reporting andupdating their current telephone number with the Job Referral Office.Carpenters are also responsible for maintaining any skill certificationthat may expire with the passage of time, such as CPR or NYS-DOL LaserSafety training. The Job Referral Office does not maintain or track thisinformation. A carpenter dispatched with an expired skill certificationwill be removed from the job.(a) If a member has allowed their skill certification(s) to expire,that certification(s) will go into a dormant status for up to 60days to allow them to be recertified. Once this skillcertification(s) is recertified, it is the member’s responsibility to notify the Out of Work List to ensure that ithas been updated. If the expired certification(s) are not updatedwith the Out of Work List within the allotted time, thecertification(s) will automatically be removed from the member’s skill profile at the Out of Work List.(b) Any certified skill that was not taught by the UBC willrequire a completed notarized affidavit and/or verification bythe Labor Technical Collage before it will beadded to a member’s Out of Work list profile. This will assure the certification(s)validity and make sure that it is in compliance with UBCstandards.
10. Companies you do not want to work For:
A carpenter may specifyone or more companies he or she does not want to work for by faxing anotarized letter to the Job Referral Office at 212-229-0316 with thecarpenter's name, social security or UBC Number and name of contractor(s)he or she does not want to work for. This restriction will only be grantedif the carpenter worked for the company in the past, or has had agrievance, lawsuit or other legal claim related to the company. Thisrestriction will remain in place until the member faxes in a notarizedletter requesting that the restriction be removed.III.Your Rights and Obligations when you are registered on the Out of Worklist.
11.Carpenters Must Report Employment:
Carpenters must immediatelycall the job referral dispatch number, 800-858-8683 or 1-212-366-3330, toreport that he or she has found employment if they are also registered onthe Job Referral List. A carpenter reporting employment will maintain hisor her position on the Job Referral List until they receive their thirdreferral, in accordance with Rule 22 which is stated below. Any carpenter
who fails to report that they have found employment will be removed off ofthe Out of Work list and may be subject to fines as follows: First time-$100.00; Second time- $250.00; Third time- $500.00.
12. Carpenters Must Call the Out of Work list Every 45 Days:
When acarpenter places his or her name on the Job Referral List, they mustcontact the Job Referral Office registration number, 1-800-858-8683 or 1-212-366-3330, between the hours of 8:00 a.m. and 4:00 p.m. again within 45days from the date he or she first registered with the list and withinevery 45 days thereafter, assuming the carpenter is still unemployed.Failure to inform the District Council Job Referral Office that thecarpenter is still unemployed, at least every 45 days shall result in thecarpenter's automatic removal from the Out of Work list.
13. Freezing Your Position On the List:
A carpenter may freeze hisor her Out of Work list position for a total of 30 days by faxing theirrequest to 212-229-0316, personally filling out the form at the DistrictCouncil 9thfloor security or email:email@example.com to the start date ofunavailability. The carpenter must include the start date, end date and thereason for requesting the freeze of the out of work list position (forexample: vacation, sick, etc.). The carpenter may submit a medical note ordocumentation of compulsory legal attendance to obtain a hold of his or herout of work list position for more than 30 days in a referral cycle. The45-day rulecontinuesto apply during the member's freeze period.
14. Disputing Your Position on the List:
Any carpenter wishing todispute his or her out of work list position may come to the DistrictCouncil on Tuesdays between the hours of 2:00 p.m. and 6:00 p.m. to discussit with a Job Referral Office staff member.
15. Preferred Minority and/or Female Referrals:
The District Council,from time to time, must fill lawful requests for minority or femaleemployees due to contract staffing requirements. In order to facilitatethese requests a carpenter may, but is not required to, advise the DistrictCouncil of his or her minority status or gender when calling to put theirname on the Job Referral List or updating his or her skills.(a) Carpenters that are interested in working PLA jobs (which mayrequire a reduction in rate) may ask to have that particular PLA work addedto their Out of Work list profile. Once these criteria are added, you areliable to accept the job in which you are called for or it will go noted asa refusal and you will be dropped from the list.
16. Dispatch Hours:
The hours that the Job Referral Office will callcarpenters for next day referrals will be 3 p.m. to 6 p.m. Carpenters MUSTbe available to accept calls during these hours. However, if a referral isneeded for the same day, the Job Referral Office reserves the right to callat any time.
(a) Regular dispatch hours: All referrals that start next daybetween the hours of 7:00 AM and 8:00 AM
(b) Immediate dispatch hours: All referrals that need to bedispatched ASAP before 3:00 PM.
(c) Off-hour dispatch hours: All referrals after 3:00 PM andbefore 7:00 AM.
17. Five Rings on Your Phone:
The Job Referral representative willwait for your phone to ring up to five (5) times before hanging up. If ananswering device is activated during the five (5) rings, a message will beleft.
18. Call Back Rule:
The carpenter may call the Job Referral Officecall back line, 212-366-3328 and will be assigned the job he or she wascalled for ONLY IF it is still available.
19. One Job Refusal will be allowed:
Carpenters are allowed torefuse one regular, next day referral from the Job Referral office in anydispatch cycle. To Exercise this option, you must inform the Job referraldispatcher that you can not accept the referralBEFOREyou are told anydetails of the job. However, a carpenter may refuse a referral they justgot laid off from, start date exceed 24 hours, Acting steward job, callsfrom a list in which they are not register with or that has restrictivesafety related or restrictive job requirements (ie: high height work, drugtesting, criminal background check) without penalty.IV. Removal from the Out of Work list.
20. Removal From the List For Unavailability:
Any carpenter whoremains unavailable for referral for Three (3) consecutive days (forexample, not answering referral calls will be dropped from the Job ReferralList. The carpenter must then re-register to obtain a new Job Referral Listposition.An unable does not restrict or limit a member from receiving morethan one job assignment opportunity during any dispatching hours.
21. Removal From the List for Refusal of Referral, No-Shows; BeingUnprepared to Work:
A carpenter will be removed from the Job Referral Listby a Business Representative for taking a referral and not showing up, orcompleting a full days work, or for showing up without proper tool, or workclothes, or can not perform the work listed on their Out of Work listprofile.
22. Returning to the Out of Work list after employment:
Carpentersare allowed a combined total of three (3) referrals, request or shapes.There will be no limit on the number of days for each referral (a referralconsists of dispatches, requests or shapes). Once a member accumulatesthree consecutive referrals they will be automatically dropped from the Outof Work List.
23. Referral Investigation:
Members may choose to dispute beingcharged with a dispatch in which they did not work. To do so, they may senda fax to the out of work list, contact the respective Regional Office tospeak to a business representative or come into the District Council officeon the 9thfloor and fill out a dispute form.All members will retain their prior position on the Out of Worklist upon re-contacting the list after lay-off if they do notaccumulate a total of three (3) consecutive referrals, requestsand/or shapes. Any member that does not work a minimum of four (4) hours workfrom his or her job referral from the Job Referral office andwas laid off due to no fault of their own, can dispute thedispatch by requesting a referral investigation. However, anymember that is on the Out of Work List, accepts a referral andis terminated for lack of skill or misconduct resulting inlayoff, engineering their layoff because of the scope of workor other invalid circumstances will be removed from the Out ofWork list in accordance with Section 21 of the Job Referralpolicy.
24. EST's Discretion in Administering the Job Referral System:
TheExecutive Secretary Treasurer of the District Council or his designee shalladminister the referral lists and is authorized to exercise his discretionin any event a decision must be made on any administrative or proceduralquestion that might arise that is not specifically provided for in theserules.
V. SPECIAL JOB REFERRAL RULES FOR SHOP STEWARD POSITIONS25. Shop Steward Certification:
The District Council recognizes thata team of qualified stewards is needed to assist the businessrepresentatives in the field. All Shop Stewards must satisfy thequalifications for that position required by Section 16 of the Bylaws forthe District Council for New York City and Vicinity of the UnitedBrotherhood of Carpenters and Joiners of America, as amended. Pursuant toa resolution adopted by the Delegate Body of the District Council onNovember 13, 2007, effective January 1, 2009, a shop steward must be amember of the District Council in good standing and have completed the(2001 Skill Set Training requirements) this may change as trainingrequirements for jurisdiction, and other training requirements may beadded. and the District Council's eight (8) hour re-certification class.All Shop Stewards must have on file at the Out of Work List Department anotarized Affidavit of Eligibility to Serve as Shop Steward pursuant toSection 504 of the Labor Management Reporting and Disclosure Act ofEligibility on tilt: will not be dispatched as a shop steward and theirshop steward credentials will be suspended until the Affidavit is tiled.The carpenter must also possess the job skills necessary and appropriatetor the job to be eligible for that particular job referral.
26. A Shop Steward Must be a Carpenter in Good Standing:
A shopsteward must have a current work card and cannot have any outstanding finesor assessments due to the District Council or his/her Local Union. A shopsteward found by a Business Representative to not be in good standing willbe removed from his or her assignment and dropped from the job referrallist (just as if he or she had reported to work without tools).Shop steward will not be dispatched from the Job Referral Office thatis not in good standing at the time of referral.
27. Thirty (30) Day Lag In Skill Changes:
Any request by a shopsteward for a change of skills listed in his or her personal profile onthe Job Referral List will not go into effect until thirty (30) days afterthe request is made.
28. Forty-eight Hour Delay in Early Release of Freeze Holds:
If ashop steward releases a freeze hold earlier than originally requested,there will be a 48 hour delay in its going into effect.
29. No Immediate Dispatches of Stewards:
Shop stewards will only bedispatched between the hours of 3:00 p.m. and 9:00 p.m.
30. A Shop Steward's Job Must Begin within 24 Hours of DispatchedStart Date:
A shop steward dispatched from the job referral list mustbegin working for the company they are dispatched to no later than the dayfollowing the dispatch or the scheduled start date, whichever is later.(For example, a shop steward dispatched on a Monday to start a job onTuesday, must begin that job no later than Wednesday; if dispatched on aFriday to a job scheduled to start on Monday, the steward must beginworking on the job by Tuesday.) If the job does not begin within this 24hour time period, the shop steward must put his name back on the out ofwork list and also must contact the assigned business representative toadvise that the job has not started. A new shop steward must be requestedfor dispatch by the Business Representative or contractor to coincide withthe job's actual commencement. This rule shall not apply to job startdelays occasioned by awaiting security clearances required for the job siteor inclement weather conditions that the job is shut down for, or if thejob is shut down for unsafe jobsite conditions.Shop Stewards must be present on their assigned job during allworking hours of the day. They will immediately inform aCouncil Representative if they are absent from the job siteeven for a day, or will be arriving late or leaving early orotherwise not be present during their scheduled work time. Ifthey are unable to reach a Council Representative to make thisnotification, they will contact the Business RepresentativeCenter assigned to their job site.
31. Acting Shop Steward will be dispatched if No Qualified Steward isAvailable:
If no qualified Shop Steward is available for a specific jobfrom the Job Referral Office, an acting Shop Steward will be dispatched.An acting shop steward can remain on the jobsite for up to five (5) days.If the job will last more than five (5) days, the business Representativemust notify the District Council and request a certified Shop Steward to bedispatched to the job. The acting shop steward may retain his or herposition until replaced by a certified shop steward.
32. Shop Stewards Must Finish the Job to Which They are Assigned:
Shop steward must complete the job to which they have been dispatched. If ashop steward leaves his or her assigned job before it is completed withouta valid reason to be determined by the business representative in charge ofthat job, the business representative responsible for the job MUST notifythe Job Referral Office to remove the shop steward from the Out of Worklist and request a new steward for the job. The business representativeshave no discretion in taking this action. Also the business representativeMUST bring the steward up for steward review. Any steward leaving a jobthat is still active who doesn’t notify the representative for that jobshall be brought on steward review.(a) Unless exercising their one refusal, bypass option for off hourwork or unable to be reached, a temporary steward must accept allreferrals in which they are called for. However, a temporarysteward that has been dispatched to cover a job for anothersteward that is on a personal or medical leave of absence muststay on that job until the original steward either returns or
until the job is completed, unless dismissed by the contractorfor reasons accepted by the business representative assigned tothat job.(b) A certified steward will be granted up to 90 days to secure theirjob while they are on personal or medical leave of absence. Anysteward who incurs an injury on the job and is out on workman’scompensation shall be exempt as long as he/she supplies theCouncil with a physician’s letter stating he/she cannot return towork.
33. Keeping Shop Steward Status After Period of Layoff or AfterAccepting a Referral:
A shop steward who places his or her name back on theout of work list during a period of lay-off from a job will not be entitledto return to that job when it resumes. In such circumstances, a newsteward, with appropriate skills, will be dispatched to the job. However,if a shop steward decides to wait out the lay-off period without placinghis or her name back onto the out of work list, he or she will be entitledto return to that job as the shop steward.
34. Assignment of District Council Representative:
Every job towhich a shop steward is referred shall have a District CouncilRepresentative assigned to it. All shop steward reports for that job shallreference the name of the responsible business representative.
35. All Shop Steward Dispatch Requests Will Be Reviewed:
All shopsteward dispatch requests shall be reviewed upon receipt by the DistrictCouncil's officer responsible for managing the out of work list (hereafterthe "OWL Supervisor") or his or her staff, for potential improprieties inthe skills requested (regardless of whether the dispatch request issubmitted by a contractor, business representative. The OWL Supervisor andhis or her staff, shall flag shop steward dispatch requests for furtherinquiry when:
(a) A carpenter complains of impropriety related to a particular shopsteward dispatch request or referral;
(b) The shop steward dispatch request is selected randomly by the OWLSupervisor for investigation by the responsible businessrepresentative, as described below. The OWL Supervisor willrandomly select for investigation no fewer that ten (10) shopsteward dispatches per week, provided there are at least thatnumber of dispatch requests received;
(c) The shop steward dispatch request identifies skill certificationsthat have been listed by the District Council as part of the jobreferral system for less than one (1) year;
(d) The shop steward dispatch request identifies skill certificationsthat are uncommonly requested (asbestos, welding).
(e) The shop steward dispatch request identifies skill certificationsthat appear to be incompatible or otherwise questionable (arequest listing concrete and refrigeration, or a request for askill that is incompatible with the work that the contractorperforms).
36. District Council Representative Skill Certification Within 48Hours:
All shop steward dispatch requests and/or referrals that are
identified pursuant to the foregoing rule shall be brought to the attentionof the responsible business representative, who must then certify to theOWL Supervisor within forty-eight (48) hours, whether the skills requestedare in fact necessary and appropriate. The business representative ormanager shall document the steps he or she takes to investigate whether theskills are necessary and appropriate. Failure by the businessrepresentative or manager to respond to the certification request in atimely fashion will subject the business representative or manager todisciplinary charges. Certification of inappropriate or unnecessary skillswill also subject the business representative to charges.
37. Effect of Unnecessary or Inappropriate Skills:
When the OWLSupervisor determines that a shop steward had been dispatched from the outof work list because the dispatch request identified unnecessary orinappropriate skills, or was incorrectly dispatched for any reason, the OWLSupervisor shall remove the shop steward and return him to the out of worklist subject to the three (3) referral rule. If the Review Officer,Inspector General or a Representative appointed by the District Councildetermines that a shop steward was dispatched because of wrongful conducton the steward's part, the OWL Supervisor shall remove the shop steward offof the job and the out of work list. Whenever a shop steward is removedpursuant to this Rule, a new shop steward will be dispatched from the outof work list based on
(a) that steward's position on the out of work listand
(b) the necessary and appropriate skills that should have beenrequested in the first instance. A steward removed from his or herposition pursuant to this rule will also have his or her continued shopsteward certification subject to review and possible suspension orrevocation, and he or she may be subject to internal Union disciplinarycharges. All acts of in-appropriations must be reported to the IGO within24 hrs after occurrence.
38. Reassignment of Work to Successor Contractor:A. Reassignment of Work to a Contractor Not at the Jobsite:
If workon a project is reassigned to a contractor who was not working at the jobsite at the time of the reassignment, the shop steward assigned to thatlocation for the displaced contractor shall have the right to retain his orher steward position on the job, provided he or she has not re-registeredon the out of work list. If the original shop steward does not retain hisor her position at the site, a new shop steward shall be dispatched fromthe out of work list.B. Reassignment to a Contractor at the Jobsite: If work on a projectis reassigned to a contractor who was simultaneously working at the jobsite (for example, one contractor was installing core sheetrock and theother was performing tenant work), the remaining contractor's shop stewardassigned to that location shall have the right to retain his or her stewardposition on the job, or else a new steward will be dispatched. If thedisplaced contractor's crew is retained by the remaining contractor and noshop steward has been previously dispatched to the remaining contractor atthe job, then the shop steward dispatched to the displaced contractor shallhave the right to keep his or her assignment for the new contractor,provided he or she has not put his or her name back on the out of worklist. VI. Miscellaneous
39. Publication of Skill Classifications:
The District Council shallmaintain on its website a current list of skill classifications availablefor carpenters and shop stewards. In addition, the District Council shall