In order for the Laborers' International Union of North America (LIUNA) and its subordinate local unions to maintain and administer a processing system for referral of applicants to employment in a fair and equitable manner, and to establish records and procedures which will be adequate to disclose fully the basis on which each referral is made, the following amended rules have been promulgated and shall be adopted and implemented by each LIUNA Local Union.

1. Non-Discrimination in Job Referrals: Referrals to jobs shall be on a non-discriminatory basis and shall not be based on, or in any way affected by, race, gender, national origin, sexual orientation, disability, religion, or lawful union-related activity.

2. Effect of Hiring Hall Rules: All Referrals by a Local Union to jobs within its jurisdiction shall be made in accordance with these rules except to the extent that any rule contained herein conflicts with either provincial law or with a term of collective bargaining agreement or in accordance with a variance granted under § 8 below. Any Local Union that concludes that these rules conflict with provincial law or the term of a collective bargaining agreement stall apply to the GEB Attorney, furnishing such information as he shall determine. The GEB Attorney shall advise the Local Union in writing whether such a conflict exists. In cases where a term of collective bargaining agreement conflicts with these rules, the Local Union or district council shall use its best efforts to modify that term in any successor agreement in order to fully conform to these rules. All newly negotiated agreements should include these rules and, where applicable, the Local Union or district council shall use its best efforts to include an exclusive hiring hall provision in all successor or newly negotiated collective bargaining agreements.

3. Registration of Availability for Referral:

A. An applicant seeking referral to a job must file with the Local Union a signed and dated referral form providing name, telephone number and social security number and stating any skills the applicant possesses and the jobs the applicant is able to perform, including any relevant licenses or certifications. Blank referral forms will be available at the Local Union. The Local Union will compile an out-of-work list, consisting of the applicants who have registered their availability for referral. The Local Union may confirm any prior employment , licenses, or certifications listed by the applicant. The Local Union has five business days from the time a member places his name on the out-of-work list to challenge an applicant's representations concerning his prior employment, licenses or certifications. If the Local Union makes a timely challenge, it must promptly notify the applicant in writing, who shall have five business days from the receipt of this notice in which to respond and to submit any relevant information. Any applicant who remains aggrieved by a final decision of the Local Union may file a protest with the Independent Hearing Officer, who shall finally resolve all such disputes in accordance with procedures that he shall establish.

B. Apprentices shall be referred under a separate out-of-work list, and shall be listed according to their apprenticeship year.

C. Only applicants who are not currently employed at the trade may register their availability for referral. Applicants who, after registering their availability for referral, on their own, obtain one or more jobs at the trade in the aggregate lasting eleven (11) working days or more of employment, must advise the Local Union immediately. Those applicants will then be removed from the out-of-work list. Failure to advise the Local Union of such employment as required herein will result in the applicant being removed from the out-of-work list.

D. Applicants shall be removed from the out-of-work list upon receiving a job referral, subject to the provisions at § 4(C) on short-term referrals. An applicant who is laid off or discharged from a job must again register his or her availability in order to be included on the out-of work list.

E. Once an applicant has registered his or her availability for referral, by filing a signed referral form with the Local Union, the applicant may afterward register his or her availability by telephone to the Local Union.

F. An applicant's registration of availability for referral shall be in effect for ninety (90) days. An applicant must against register his or her availability before the expiration of that period in order to retain his or her position on the out-of-work list.

4. Referral Procedure:

A. Subject to any exceptions or variances approved by the GEB Attorney pursuant to § 2 above or § 8 below. Applicants on the out-of-work work list shall be referred to jobs in the order in which they have registered their availability for referral, with the first registered applicant referred first, provided that the applicant has the qualifications requested by the employer.

B. Requests by an employer for specific applicants employed by the employer within the previous six months shall be fulfilled, as required by applicable collective bargaining agreements.

C. An applicant who is referred to a job which, lasts ten (10) working days or less either because (1) the job is terminated or (2) the applicant is laid off or discharged will return to his or her position on the out-of-work list prior to receiving the referral. However, after receiving a job referral immediately following such a short-term referral, regardless of its length, that individual must again register in order to be included on the out-of-work list. The short term referral provisions herein are inapplicable and the applicant will be removed from the out-of-work list, if the applicant takes any such action within the first ten (10) days of employment designed to manipulate this provision of the Amended Job Rules, such as voluntarily quitting or requesting to be laid off or discharged from a job to which he or she is referred.

D. To notify an applicant of a job referral, the Local Union shall call the applicant at the telephone number on the file. The Local Union 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 of the job, and the results of the call, including whether the call was answered, by whom and what response, if any, was made.

E. Any applicant who refuses or is unavailable for two consecutive referrals shall be moved to the bottom of the out-of-work list. An applicant must be unavailable on two separate days before he/she can be moved to the bottom of the out-of-work list. An applicant will be considered unavailable if he or she cannot be reached after three calls have been placed to the telephone number provided by the applicant, unless the applicant has given the Local Union notice in writing of unavailability for a period not to exceed thirty (30) days. The three calls must be separated by intervals of no less than thirty (30) minutes.

F. When the Local Union determines that the applicant who is first on the out-of-work list cannot be referred because of refusal, unavailability, or lack of required skills, the Local Union shall then refer the next applicant on the out-of-work list who is willing, available, and has the required skills.

G. 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 skills without first providing the Local Union with references from two previous employers, showing the applicant has demonstrated the skills required.

5. Dissemination of the Job Referral Rules: These rules shall be (a) conspicuously posted at the offices of each Local Union; and (b) published in The Laborer. 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.

6. 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:

A. All registration by applicants of their availability for referral, including the date of each applicant's registration;

B. A current out-of-work list, including all applicants whose registration of availability for referral are then in effect, and the date of each applicant's registration;

C. All requests from employers for workers, including the date of each request, the location of the job site, the length of the job, if known, and any request by the employer for applicants with special skills, licenses, or certifications, or an applicant employed by the employer pursuant to 4(D), above.

D. 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, 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, and what response, if any, was made, and

E. 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 terminated.

7. Access to Job Referral Information:

A. Any applicant can inspect or copy any record containing the job referral information described in §6. 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) days of request. Copies of more than 500 pages shall be provided within thirty (30) days of request. A Local Union may charge $0.50 per page to copy the first twenty (20) pages, and $0.25 per page thereafter.

B. Lists containing the information described in § 6(B) and (E) shall be conspicuously posted, or otherwise immediately available for inspection, at the offices of a Local Union 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 weeks.

8. Application for a variance from a provision(s) of these Uniform Job Referral Rules may be made in writing to the General Executive Board Attorney. The General Executive Board Attorney may grant such an application provided he determines that the variance is consistent with the LIUNA Ethical Practices Code, with applicable law, and is intended to further a legitimate purpose. Any such variance shall be effective for a period of one year and shall be subject to further application to the General Executive Board Attorney in order to continue beyond one year. Further, a variance shall be subject to any other condition imposed by the General Executive Board Attorney.

9. Any complaints or concerns regarding alleged violations of the Code of Ethics and/or Uniform Job Referral Rules to discriminate, punish, retaliate or reward members for their Union political or election activity should be promptly addressed to Inspector General W. Douglas Gow, (202) 942-2360.

Request for Variance

Amended Job Referral Rule 4E

Any applicant who refuses or is unavailable for two consecutive referrals shall be moved to the bottom of the out-of-work list. An applicant must be unavailable on two separate days before he/she can be moved to the bottom of the out-of-work list. An applicant will be considered unavailable if he or she cannot be reached after three calls have been placed to the telephone number provided by the applicant, unless the applicant has given notice in writing of unavailability for a period not to exceed thirty (30) days. The three calls must be separated by intervals of no less than thirty (30) minutes.

Request

Laborers' Local Union 113 seeks a variance from Amended Job Referral Rule 4E so that it may make referral calls during set referral hours (7:00 a.m. - 9:30 a.m.) and bypass the three call/thirty minute rule and make a single call (of no less than 10 rings) to qualified applicants in order.

Response

Granted. Local 113 may make referral calls during set referral hours and may bypass the three call/thirty minute rule and make a single call (of no less than 10 rings) to qualified applicants, in order. Of course, it is imperative that all members are notified of the set referral hours.

When Local 113 adopts set referral hours, all referral calls must be made during these set referral hours. However, in emergency situations, when a job must be filled before business the following day, Local 113 may also bypass the 3 call/30 minute rule and make a single call (allowing the phone to ring no less than ten times) to qualified applicants, in order. In these emergency situations, the urgent nature of the request shall be documented in detail, and any applicant who cannot be reached shall not be deemed "unavailable."

Request for Variance

Amended Job Referral Rule 3C

Only applicants who are not currently employed at the trade may register their availability for referral. Applicants who, after registering their availability for referral, on their own, obtain one or more jobs at the trade in the aggregate lasting eleven (11) working days or more of employment, must advise the Local Union immediately. Those applicants will then be removed from the out-of-work list. Failure to advise the Local Union of such employment as required herein will result in the applicant being removed from the out-of-work list.

Request

Laborers' Local Union 113 seeks a variance to require applicants on the out-of-work list who obtain one or more jobs at the trade in the aggregate lasting five (5) working days or more of employment, to advise the Local Union immediately. Those applicants will then be removed from the out-of-work list.

Response

Granted.