Decision by the Investigations and Review Officer

of the District Council of New York City and Vicinity
of the United Brotherhood of Carpenters and
Joiners of America, AFL-CIO

Decision No. 1
(Regarding Job Referral Rules)

As the implementation date set forth in the Consent Decree approaches, a number of important questions have been brought to my attention concerning the administration and interpretation of the Job Referral Rules. In order to address these issues, ensure the proper administration of the system and provide guidance to the local unions, I will, as required, issue decisions regarding the interpretation and administration of the new rules. So that all are aware of these decisions and the effect they will have on the job referral process, each decision issued by the Investigations and Review Officer shall be published as soon as possible in The Carpenter and shall be posted immediately in a conspicuous public place in each local union hall or office until the Consent Decree .expires or so long as may otherwise be required.

Following are decisions concerning various issues regarding the Job Referral Rules.

A. Initial Order on the Out-of-Work List

The Job Referral Rules require jobs to be assigned based on the date each person registers on the out-of-work list. At the outset, however, many individuals will have common registration dates because they will have registered for the list at the same time. This situation requires that another method be employed to establish the initial order of the list.

Since the registration date is intended to approximate the last date on which an individual seeking employment had work, the initial list should be ordered by the actual last day of work; the person registering -for the out-of-work list with the longest time out of work should be assigned the first position on the list and the member with the shortest time out of work, the last.

It is the responsibility of each local union's president and the business manager, or, if there is no business manager, the most senior local officer fulfilling the function of a business representative or business agent, to determine the date each person on the initial out-of-work list last worked. Useful information regarding work dates may be obtained from various computer-generated reports created by the benefit funds. Self-reporting by carpenters of their last work date will not necessarily be regarded as adequate. Where this method is used, verification through reference to the fund reports or other reliable source of information is required.

In the event of a dispute regarding the initial ordering of the list at any local union, the Investigations and Review Officer may require both the local president and the business manager, or, if there is no business manager, the most senior local officer fulfilling the function of a business representative or business agent, to certify that the last date worked for any or all individuals on the initial out-of-work list is accurate, based upon explicit and reliable procedures, the details of which must be set forth with the necessary documentary support.

B. Local Option for Modified Shape Hall

A local union may, if it desires and has access to an appropriate physical facility, use the following shape-up method of notification, in lieu of the telephone notification method set forth in Sections 5D and 5E of the Job Referral Rules. With the exception of Sections 5D and 5E, all other provisions of the Job Referral Rules apply :to the shape-up method of notification.

Under the shape-up method, individuals holding positions 1 through 100 on the out-of-work list by the close of business on Wednesday must report to a shape hall at 7:00 a.m. on the Monday of the following workweek and on each successive workday in that assigned workweek, unless referred. If an individual in position 1 through 100 on the list fails to report to the shape hall by Wednesday of the assigned workweek, that individual will be removed from the out-of-work list, unless he or she has given the local union notice in writing of unavailability for a period not to exceed 30 days pursuant to Section 5E of the Job Referral Rules. Any individual who refuses two consecutive referrals at the shape hall shall be removed from the out-of-work list.

The local union will notify individuals by letter or postcard as they rotate into the top 100 positions on the out-of-work list, informing the individuals that they must report the following Monday to the shape hall. An individual registered on the out-of-work list may also telephone the local union during regular business hours to request his or her position on the list. The local union will also mail letters or postcards to individuals when they rotate into positions 101 through 150 on the outof-work list, informing them to be available by telephone to the extent that the local union is unable to fill all the jobs through the shape hail and alerting them to the fact they will soon be among the top 100 registrants and required to appear at the hall for shape-up. If the local union is unable to fill alt the jobs through the shape hail, it must notify individuals by telephone according to Sections 5D and 5E of the Job Referral Rules.

If a local union opts to use a shape hall system, it must provide the Investigations and Review Officer with written notification before instituting the program or, after deciding to use the program, prior to reverting to the phone referral system described in the Job Referral Rules. A local union opting to use the shape hall system pursuant to this decision must provide adequate notice to its membership regarding the system, including providing each member with a copy of this decision and posting both this decision and an announcement of the local's decision to use this system in a conspicuous public place in the local union hall or office. A local union that uses the shape hall system, but later decides to use the phone referral system described in the Job Referral Rules, must

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provide similar notice to the Investigations and Review Officer and to its membership.

A local union opting to use the shape hall system must obtain current address information from the individuals registering for the out-ofwork list. Individuals registered on the out-of-work list are responsible for notifying the local of any change of address.

The Investigations and Review Officer may overrule a local's decision to use the shape hall and require it to adhere to the telephone referral system described 'in the Job Referral Rules at any time.

3.  Optional Use of an Impartial Umpire to Resolve Job Referral Disputes

A local union may retain an impartial umpire to arbitrate disputes regarding the Job Referral Rules, the cost of which shall be borne by the local. If an impartial umpire is retained, the local union must provide notice to every member and post in a conspicuous public place the name and telephone number of the umpire and any rules governing the making of complaints or proceedings before the umpire. The decisions of the impartial umpire shall be final and binding, except that the. Investigations and Review Officer has the right, on his own initiative, to review such proceedings, and where warranted, to set aside determinations of the impartial umpire and/or to modify in any way the procedures the impartial umpire employs to resolve disputes.

The selection of the impartial umpire shall be subject to the approval of the Investigations and Review Officer.

4.  Lawful Requests by an Employer for Minority or Women Workers

Although the 'emphasis of the Job Referral System is on list priority, from time to time, employers may make requests for minority or

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women employees. If a lawful request is made by an employer for a minority or woman, and that request cannot be satisfied by referring the individuals who would normally have been selected from the out-of-work list for that job, the request shall be met by taking the next available minority or female individual on the list in order of position.

In order to facilitate lawful requests for minorities and women from the out-of-work list, the referral forms described in Section 4A of the Job Referral Rules shall contain spaces for individuals registering on the out-of-work list to indicate their EEO classification.

5.  Selection of Shop Stewards

Shop stewards must be selected from the individuals referred from the out-of-work list to a given job. If there is no individual among those referred who is qualified to serve as a steward, the next available individual on the out-of-work list in order of priority who either has served as a steward, or who is qualified to serve as a steward, shall be referred to the job as steward. If a steward so selected is challenged, the Investigations and Review Officer may require the local president and the business manager, or, if there is no business manager, the most senior local officer fulfilling the function of a business representative or business agent, to demonstrate the qualifications of the person selected with documentary or other evidence.

6.  Recording and Posting of Out-of-Order Referrals

One of the reasons the Job Referral Rules were designed to function on a list priority basis was to minimize the potential for abuse created by referrals made for reasons other than the amount of time an individual has been out of work. Nonetheless, there are several limited circumstances which can presently be identified that may require deviation from the list priority system. In light of the Consent Decree's strong preference for list priority, the rules governing these exceptions

should be carefully administered. Referrals made pursuant to these exceptions must be carefully monitored in order to ensure they are not abused.

To summarize, there are only three instances in which an individual may be referred to a job in an order that does not reflect his or her position on the out-of-work list: (1) when there is a request for a specific individual pursuant to Section 5B of the Job Referral Rules, (2) when there is a need for an out-of-order referral in response to a lawful request for a minority or women employees, pursuant to Section D of. this Decision or, (3) when there is a need for an out-of-order referral to ensure the assignment of a qualified shop steward to a job, pursuant to Section E of this Decision.

In order to monitor the use of these exceptions, local unions must observe the following reporting requirements. Whenever any out-oforder referral is made, the local shall make a specific record of the referral, including the job involved and the date of the referral, and the specific reason for the out-of-order referral. This information shall be considered part of the necessary information recorded and retained pursuant to Section 7E of the Job Referral Rules. A summary notation of the reason for the out-of-order referral (noting either "specific request," "hiring target requirement," or "need for qualified steward") shall be considered part of the information that must be posted publicly pursuant to Sections 8B and 7E of the Job Referral Rules.

In addition, each month every local union shall produce and forward to the Investigations and Review Officer a listing of out-of-order referrals made, including the name of person referred, the date of the referral, the reason for the out-of-order referral, and the name and description of the job to which the person was referred. This report shall be signed by the appropriate local union officers as described below in Section G.

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G. Requirement of Officer's Signature on Certain Reports

Whenever it is required that a report or list be signed by a specific person or office holder, that signature shall constitute a certification by the person signing the document that, to the best of that person's knowledge, the information contained within it is complete, truthful and accurate and was collected and compiled in accordance with the Consent Decree, the Job Referral Rules and the decisions of the Investigations and Review Officer.

The following reports or lists must be signed by the local union president and either the local union business manager, or, if there is no business manager, the most senior local officer fulfilling the function of a business representative or business agent, before they are publicly posted or forwarded to the Investigations and Review Officer: (1) the out-of-work list described in Section 7B of the Job Referral Rules, (2) the job referral list described in Section 7E of the Job Referral Rules .and, (3) the out-of-order referral list described in the last paragraph of Section F of this Decision.

Hon. Kenneth Conboy
Investigations and Review Officer

Date: 3/30/94

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