Rules for Offering Employment
CONDITION OF EMPLOYMENT
2.1(a) As a condition of employment it is agreed that only members and Ironworker Apprentices of the International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers shall be employed on work coming within the Scope of this Agreement. All employees shall keep up-to-date with their dues and assessments. Employees who fall in arrears with their monthly dues and/or travel service dues assessments while in the employ of an Employer shall be removed from the job at the request of the Business Manager upon presentation of acceptable evidence to support the request. The Employer agrees to only hire employees who present referral slips issued by the Local Union in whose territory the work is being performed. The Employer shall have the right to request employees by name, in writing, who shall be issued a referral slip by the Local Union. The number of employees so requested by name shall not exceed fifty percent (50%) of the employees supplied to thejob by the Local Union, subject to the Local Union being able to supply. The right to request shall not be abused. Employee members who are transferred within the territory of their Local Union by an Employer will not require an additional referral slip. However, such transfers will not result in lay-off of employee members presently on these projects.
WELDERS
b) Any Welder referred by the Local Union to an Employer certified by the Canadian Welding Bureau, shall possess a valid Identification-Transfer Card as issued by the Canadian Welding Bureau. The Employer shall inspect the Identification-Transfer Card to ascertain if the Welder is so qualified to perform the required welding. It shall be the responsibility of the Local Union, under the auspices of the Welder Qualification Testing Programmes in conjunction with the Ironworker Trade Improvement Plan, to ensure that all Local Union Members referred or employed as Welders hold and maintain a valid Identification-Transfer Card. It shall further be the responsibility of the Local Union to periodically report, as may be required from time to time, to the Canadian Welding Bureau on the status, Employer, job location, etc. of the Welder holding an Identification-Transfer Card.
UNABLE TO SUPPLY LOCAL MEMBERS
2.2 Should the Local Union be unable to supply sufficient qualified Local Union members to meet the Employer requirements, then, if authorized by the employer, the Local Union will bring in Union members from the closest sub-office or sub-offices in the territory of the Local Union. Such Union members will not be refused employment for the purpose of circumventing the terms of this Collective Agreement and will receive their fare to the job site and subsistence allowance applicable to their sub-office. Abuse of the intent of this Clause and the unjustified receipt by any Employee of subsistence allowance, will be a violation of this Agreement and subject to the Grievance procedure.
UNABLE TO SUPPLY UNION MEMBERS
2.3 If the Local Union is unable to supply qualified Union Members in accordance with Article 2.1 and 2.2 within Forty-eight (48) hours (two working days), or time mutually agreed upon, then the Employer may secure additional employees from another source and will notify’ the Local Union of the persons so engaged. Such employees must secure a referral slip from the Local Union before they start to work. Probationary employees will be replaced by qualified Local Union members when they become available. This shall be at no extra cost to the Employer, and will not be cause for grievance by any probationary employee.
OUT OF TOWN ENTITLEMENTS
2.4 An Employer shall have the right to transfer members of the Union anywhere in the Province of Ontario where work is being performed or is to be performed. Such Union members shall receive travel time, fares and subsistence allowance in accordance with the job location relative to location of their local Union. However, when Union members are transferred from one Local Union territory to another, the number of Union members transferred will not exceed 40% of the total crew on the job unless approval is obtained from the Local Union Office. Such transferred Union members must secure a referral slip from the Local Union in whose territory the work is being performed. However, before members are transferred from one Local Union Territory to another the Employer shall contact the Local Union Business Manager of the Territory where the work is to be performed.
EMPLOYER REQUIREMENTS
2.5 An Employer will notify the Local Union as soon as possible, but no later than twenty-four (24) hours prior to any job starting, and will advise the approximate number of Local Union members required.
2.6 When an employee is required for Jobsite Rigging Lofts and/or Tool Cribs, an Ironworker Employee will be employed. However no employee shall be discriminated against in hiring or being continued in his employment because of age.
2.7 An Employer agrees not to subcontract or sublet any work covered by this Agreement to any person, firm or corporation which is not in contractual relationship with the International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers or Local Union thereof.
2.8 An Employer also agrees not to assign or reassign work to any subsidiary, related company, or trade for the purpose of defeating the intent or provisions of this Collective Agreement.
2.9 An Employer will make payment to employees of any applicable commuting, travel, board, transportation or room and board allowances as set out in Appendix C .
EMPLOYEE GRIEVANCE
It shall be a violation of the Agreement and subject to grievance for any employee to demand payment of any such allowance in excess of those amounts or rates so specified in the Agreement.
From COLLECTIVE AGREEMENT May 1, 2001 to April 2004
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