Referral

 

Registration For Referral And Re-signing Shall Be Available As Follows:

Monday thru Friday 10:00 AM – 4:00 PM except holidays.




Book II Re-Sign:

Registration For Referral And Re-signing Shall Be Available As Follows:
Monday thru Friday 10:00 AM – 4:00 PM except holidays.

1. Re-sign shall be required monthly beginning on the 10th and ending on the 16th of each month. The local union business manager after proper notice may require applicants to re-sign in person no more than once in a calendar year to maintain eligibility on the "Out of Work List" or "Available for Work List" after the initial signing.

2. Re-sign may be accomplished by mail, fax, e-mail or in person. (Fax or e-mail re-signs shall not be required to be sent from the home local union).

3. Re-signs will require the following information: name, address, home local # and IBEW card # or if not a union member a driver's license or government approved ID.

In Person At:
67 Commerce Drive South,
Harriman, NY

Verified Fax To:
845-783-3555

Verified Email To:

Registrant must call 845-783-3500 the same day to confirm re-sign was received.

Failure to re-sign as written above will result in removal of your name and number from the out of work list. If your Resign Date falls on a holiday or weekend you must sign prior to the holiday or weekend.

A copy of the IBEW Local Union 363 Referral Procedures are posted in the lobby of the union hall for review. For your convenience, below is Article IV, Referral from the Collective Bargaining Agreement:

 

Collective Bargaining Agreement Article IV

 

Referral

Section 4.01 In the interest of maintaining an efficient system of production in the industry, providing for an orderly procedure of referral of applicants for employment, preserving the legitimate interest of the employees in their employment status within the area, and of eliminating discrimination in employment because of membership or non-membership in the Union, the parties hereto agree to the following system of referral of applicants for employment:

Section 4.02 The Union shall be the sole and exclusive source of referrals of applicants for employment.

Section 4.03 The Employer shall have the right to reject any applicant for employment.

Section 4.04 The Union shall select and refer applicants for employment without discrimination against such applicants by reason or membership or non-membership in the Union and such selection and referral shall not be affected in any way by rules, regulations, bylaws, constitutional provisions or any other aspect or obligation of Union membership policies or requirements. All such selection and referral shall be in accord with the following procedure.

Section 4.05 The Union shall maintain a register of applicants for employment established on the basis of the Groups listed below. Each applicant for employment shall be registered in the highest priority Ground for which he qualifies.

 

Journeyman Wireman - Journeyman Technician

 

Group I:
All applicants for employment who have four or more years’ experience in the trade, are residents of the geographical area constituting the normal construction labor market, have passed a Journeyman Wireman’s examination given by a duly constituted Inside Construction Local Union of the I.B.E.W. or have been certified as a Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee and who have been employed in the trade for a period of at least one year in the last four years in the geographical area covered by the collective bargaining agreement.

Group I status shall be limited to one Local Union at one time. An applicant who qualifies for Group I in a local union shall be so registered electronically and remain on Group I in that local union unless and until the applicant designates another local union as his or her Group I local union. If an applicant qualifies for Group I status in a local union other than his or her home local union and designates that local as his or her Group I local union, the business manager of the new Group I status local union shall by electronic means notify the business manager of the applicant’s former Group I status local union.

Group II:
All applicants for employment who have four or more years experience in the trade and who have passed a Journeyman Wireman’s examination given by a duly constituted Inside Construction Local Union of the IBEW and have been certified as a Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee.

Group III:
All applicants for employment who have two (2) or more years experience in the trade; are residents of the geographical area constituting the normal construction labor market; and who have been employed for at least six months in the last three (3) years in the geographical area covered by the collective bargaining agreement.

Group IV:
All applicants for employment who have worked at the trade for more than one (1) year.

Section 4.06 If the registration list is exhausted and the Union is unable to refer applicants for employment to the Employer within forty-eight (48) hours from the time of receiving the Employer’s request, Saturdays, Sundays, and holidays excepted, the Employer shall be free to secure applicants without using the referral procedure, but such applicants, if hired, shall have the status of “Temporary Employee.”

Section 4.07 The Employer shall notify the Business Manager promptly of the names and Social Security numbers of such temporary employees, and shall replace such temporary employees as soon as registered applicants for employment are available under the referral procedure.

 

Definitions

 

Section 4.08 “Normal Construction Labor Market” is defined to mean the following geographical area plus the commuting distance adjacent thereto which includes the area from which the normal labor supply is secured:

  • ROCKLAND COUNTY
  • ORANGE COUNTY
  • DUTCHESS COUNTY
  • PUTNAM COUNTY
  • SULLIVAN COUNTY
  • ULSTER COUNTY
  • DELAWARE COUNTY *
  • GREENE COUNTY **

*Those portions of Colchester and Hanacock Townships south of the East Branch of the Delaware River and Andes, Harpersfield, Kortright, Stamford, Bovina, Roxbury, Middletown Townships.

**That portion south of a line following the south limits of the City of Catskill in a westerly direction from the Hudson River to Highway 23A along 23A to the road following the little West Kill and continuing along this road to Delaware County.

The above geographical area is agreed upon by the parties to include the areas defined by the Secretary of Labor to be the appropriate prevailing wage areas under the Davis-Beacon Act to which this Agreement applies.

Section 4.09 Resident: Means a person who has maintained his permanent home in the above-defined geographical area for a period of not less than one year or who, having had a permanent home in the area, has temporarily left with the intention of returning to this area as his permanent home.

Section 4.10 Examinations: An “Examination” shall include experience rating tests if such examination shall have been given prior to the date of this procedure, but from and after the date of this procedure, shall include only written and/or practical examinations given by a duly constituted Inside Construction Local Union of the I.B.E.W. Reasonable intervals of time for examinations are specified as ninety days. An applicant shall be eligible for examination if he has four years experience in the trade.

Section 4.11 The Union shall maintain an “Out of Work List” which shall list the applicants within each group in chronological order of the dates they registered their availability for employment.

Section 4.12 An applicant who is hired and who receives, through no fault of his own, work of forty hours or less shall, upon re-registration, be restored to his appropriate place within his Group.

Section 4.13

  1. Employers shall advise the Business Manager of the Local Union of the number of applicants needed. The Business Manager shall refer applicants to the Employer by first referring applicants in Group I in the order of their place on the “Out of Work List” and then referring applicants in the same manner successively from the “Out of Work List” in Group II, Group III, and Group IV. Any applicant who is rejected by the Employer shall be returned to his appropriate place within his Group, and shall be referred to other employment in accordance with the position of his Group and his place with the Group.
  2. Repeated Discharge: An applicant who is discharged for cause two times within a 12-month period shall be referred to the neutral member of the Appeals Committee for a determination as to the applicant’s continued eligibility for referral. The neutral member of the Appeals Committee shall, within three business days, review the qualifications of the applicant and the reasons for the discharges. The neutral member of the Appeals Committee may, in his or her sole discretion: (1) require the applicant to obtain further training from the JATC before again being eligible for referral; (2) disqualify the applicant for referral for a period of four weeks, or longer, depending on the seriousness of the conduct and/or repetitive nature of the conduct; (3) refer the applicant to an employee assistance program, if available, for evaluation and recommended action; or (4) restore the applicant to his/her appropriate place on the referral list.

Section 4.14 The only exceptions which shall be allowed in this order of referral are as follows:

  1. When the Employer states bona fide requirements for special skills and abilities in his request for applicants, the Business Manager shall refer the first applicant on the register possessing such skills and abilities.
  2. The age ratio clause in the Agreement calls for the employment of an additional employee or employees on the basis of age, the Business Manager shall refer first applicant on the register satisfying the applicable age requirements provided, however, that all names in high priority groups, if any, shall first be exhausted before such coverage reference can be made.

Section 4.15 An Appeals Committee is hereby established composed of one member appointed by the Union, one member appointed by the Employer or by the Association, as the case may be, and a Public Member appointed by both these members.

Section 4.16 It shall be the function of the Appeals Committee to consider any complaint of any employee or applicant for employment arising out of the administration by the Local Union of Section 4.04 and 4.15 of this Article. The Appeals Committee shall have the power to make a final and binding decision on any such complaint which shall be complied with the Local Union. The Appeals Committee is authorized to issue procedural rules for the conduct of its business, but it is not authorized to add to, subtract from or modify any of the provisions of this section and its decision shall be in accord with this Agreement.

Section 4.17 A representative of the Employer or of the Association, as the case may be, designated to the Union in writing, shall be permitted to inspect the Referral Procedure records at any time during normal business hours.

Section 4.18 A copy of the referral procedures set forth in this Article shall be posted on the Bulletin Board in the office of the Local Union and in the office of the Employers who are a party to this Agreement.

Section 4.19 Apprentices shall be hired and transferred in accordance with the apprenticeship provisions of this Agreement between the parties.

Section 4.20 Reverse Layoff When making reductions in the number of employees due to lack of work, Employers shall use the following procedure: Reverse Layoff When making reductions in the number of employees due to lack of work, Employers shall use the following procedure:

  1. Temporary employees, if any are employed, shall be laid off first. Then employees in Group IV shall be laid off next, if any are employed in this Group. Next to be laid off are employees in Group III, if any are employed in this Group, then those in Group II, and then those in Group I.
  2. Paragraph (a) will not apply as long as the special skills requirement as provided for in Section 4.14 (a) is required.
  3. Supervisory employees covered by the terms of this Agreement will be excluded from layoff as long as they remain in a supervisory capacity. When they are reduced to the status of Journeyman, they will be slotted in the appropriate Group in paragraph (a) above.