SCHEDULE ''C" HIRING HALL

(A)

The hiring of workmen shall be done in accordance with the National Labor Relations Act as amended to date.

Discharging of employees upon request of the Union shall be in accordance with the National Labor Relations Act as amended.

(B) The Union shall establish non-discriminatory hiring halls and the Employer will use these halls as one source of applications for consideration for hire. Registration and referral of applicants shall be on a non-discriminatory basis without regard to race, color, sex, age or creed or to membership or non-membership in the Union and shall be in accordance with the following plan. The Union shall register all applicants for employment on the basis of the Groups listed below. Each applicant shall be registered in the highest priority Group for which he/she ls qualified. (C)

The Employer retajns the right to reject any job applicant referred from any source.

(D) Employers shall hire Laborers by calling the local union in the area where the work is to be accomplished. Whenever the Employer requires Laborers on any job, he shall notify the local union office either by personal contact, in writing, or by telephone stating the location, starting time, approximate duration of the job, the type of work to be performed and the number of workmen required. (E)

For the purpose of this section, each party to a joint venture will retain

(F)

The following regulations will apply to the hiring and/or rehiring ofappticants:

1)

h

is ind ividual rights as an Employer.

Requests by employers for Laborers on the "A" or "8" List shall be honored without reoard to the reouested

individual's place on the out-of-work list.

2) Employees being transferred from one local union's jurisdiction into another local union's jurisdiction shall check in and be cleared by the local having jurisdjction over the project. Failure to comply with this provision may be grounds for the Union to request termination of said employee. NOTE: Apprentices may not be transferred outside the area of the subcommittee's iurisdiction exceot when done in accordance with Subsection (G) (3) E.

3)

Each Employer may request, in writing, signed by a principal of the company, individuals by name in each calendar year who are currently registered on the Union's C or D list on the following basis: Employers employing less than 10 journeymen Laborers per calendar year may request one (1) individual by name; Employers employing more than 10 joufneymen Laborers per calendat year may request two (2) individuals by name. ln

order for the employer qualify for this request, one (1) member from the local union having jurisdiction of a proiect must be disPatched to that employer under the terms of this agreemenL Additional requests may be honored by mutualwritten agreement between the Employer (Owner) and the Business Manager in the local area.

The preceding ratio shall not apply to foremen who have previously worked for the employer as a Foreman, nor to any Foreman who has worked within the Eastern Washington-Northern ldaho area as a Foreman for at least 2OOO hours. The employer must notiry the union in writing of their intent to hire such individuals and the union mav require the emolover to provide proof of previous employment.

4) Preference will be given to qualified local resident workmen who have registered on the oulof-work list and the local supply of workmen will be exhausted in their turn from the list before other workmen are employed. 5)

Employers may request individuals to return to work regardless of the list they are registered on provided the

individual has been employed by that Employer within the immediately preceding twelve (12) monthi.

Supplementary Hiring Hall

Effective

6/l l/2002

(G) 1) Realizing that employees working under this Agreement acquire certain rjghts through experience in the industry and acquire health and welfare benetlts for themselves and their families, it is agreed that selection of applicants for referral will be on the following basis. GROUP

A:

Effective January 1, 2003, croup A shall consist of:

All Laborers who have previously qualified for Group A list status under the terms of this Agreement. Laborers who have successfully completed the Apprenticeship program, which consists of 320 hours of training and 4000 hours of covered employment. Laborers who have been rated by the New Entrant Assessment (NEA) process as Journey Level Construction Craft Laoorers.

Laborels who have worked at least 4000 hours under the terms of an agreement with a District Council as herein defined and have achieved a passing score at a level established by the NEA on the "Knowledge Assessment" portion of the assessment. All other Laborers who have worked at least 4000 hours under the terms of an agreement with a District Council will qualiry for Group A list status only in the classification(s) for which they have demonstrated proficiency through a history of employment. GROUP

B:

Effective January 1, 2003, Group B shall consist of:

Individuals who are registered with and have been qualilied by the JETC subcommittee and are signatory to a lraining agreement with the JATC. Such individuals shall register at the training oflice with the subcommittee. The area JATC shall determine the number of individuals accepted into the new entranl training program upon the recommendation of the subcommittee.

Individuals that do not successfully complete their apprenticeship will be denied use of all hiring halls within this Districl Council for a period of twelve (12) months from the date of their termination from the Program. Hours worked during their apprenticeship will not count toward any list status.

lf at any time the indenturing of apprentices causes the Training Trust to be out of compliance with Affirmative Action requirements in any Local Union area, the Training Trust will indenture additional apprentices from their pool of eligible individuals, at the earliest opportunity, to get the Local Union back into compliance. GROUP

C:

Effective January 1 , 2003, Group C shatt consist of:

All Laborers who have previously qualified for Group C status under the terms of this Agreement. Laborers who have worked at least 200 hours under the terms of an agreement with this District Council. GROUP D: All olher jndividuals who are seeking employment and who are physically fit. Any individual who has prevjously failed to pass or complete the Pre-Construction Training (PCT) shall @lt be eligible to register on the D list.

The Hiring Hall shall make up and prepare the roster for preference of rehire by grouping all applicanrs wno come within the above classifications and shall utilize the health and welfare and pension records in eitablishing these accrued rights based on length of employment. Each applicant for employment shall be required to furnish such data, records, names of employers and length of employment and licenses as may be deemed necessary, and each applicant shali complete such forms or registralion as may be submitted to him. Applicants for employment shall also list any special skills as they may possess.

3)

Referral of Applicants:

Applicants shall be referred from Group A, as qualified, in successive order as their names appear on the out-ofwork list. (See (F) 1), pg. B1). This provision will apply to Group A registrants only. When croup A has been exhausted:

Dispatching of Group B Apprentices shall be in successive order as registered on the out-of-work

Grouo B has been exhausted:

list.

When

Applicants shall be referred from Group C, as qualified, in successive order as their names appear on the out-ofwork list, When Group C has been exhausted:

Supplementary HirinS Hall

Effective 6/ | | /2002

Dispatching of Group D registrants shall be in successive order as registered on the out-of-work list. The employment of Apprentices shall be in accordance with the following ratios. (A) Apprentices may be hired in the ratio of one ('1) up to the flrst four (4) Laborers employed. The Emptoyer shatl then employ one Apprentice for each additional four (4) Journeymen Laborers employed. The proper ratio of journeymen to Apprentjces will be maintained when reducing the work force and when transferring employees from project to project.

(B)

When performing overtime or emergency work, journeymen Laborers will be given preference.

WORK DEFINED: By a single crew or on a crew by crew basis, and not to the job as a whole.

(C)

l\4ore than ten (10)

(D)

The above ratio is subject to the availability ofApprentices.

Apprentices per contractor may be utilized if permission is given by the JETC.

(E) When Employers wish to transfer Apprentices from one project to another resulting in the need to transfer from one local union to another covered by this agreement, they must have permission of both local JETC subcommittees.

(F)

In the housing industry, apprentices may be employed at the ratio of one (1) for each Journeyman. For the purpose of this section, housing shall be defined as not to exceed four (4) story walk-up type apartments.

(G) lf at any

time a contractor requests that a named individual be indentured into the Apprenticeship program, that

individual must Iirst have taken and passed the Pre-Construction Training (pCT) course.

(H) When an apprentice is required to attend training necessary for maintaining and/or upgrading his/her status in the apprenticeship program, and such training necessitates the absence of the apprentice from a job for up lo two (2) weeks, the Employer shall grant the apprentice leave from the job to satis6/ the training requirement and restore his/her status on the job when the lraining is completed provided a position is available.

4) Any Employer who violates the hiring provisions of this Agreement may be denied further use of apprentices or preferential dispatching of Group A registrants. Any question concerning a violation of the hiring hall provisions shall be determined by a joint hiring hall committee composed of an equal number of representatives of the parties signatory to this agreement. 5) When a registrant has been terminated as unsatisfactory or has been discharged for cause by at least three (3) employers within a twenty-four (24) month period, he/she may be denied further use of all hiring halls covered by the District

Council provided the employers have furnished the Dishict Council in writing the reasons for such terminations or discharges. Complaints concerning the applications of this procedure will be submitted in writing by the registrant for work within ten ('10) working days of denial of hiring hall privileges and will be referred to a joint committee composed of equal representatives of the parties signatory to the Agreement for a decision.

6)

lf said layoffs or discharges are for the lack of necessary skills to perform assigned duties, additional trajning

will be required before hiring hall privileges are restored in the classification in question. Complaints concernino the

applications of this procedure will be submitted in writing by the registrant for work within ten ('10) working days of den]at of hiring hall privileges and will be referred to a joint committee composed of equal representatives of the p;rties signatory to the Agreement for a decision.

7)

When

a registrant has been terminated for failure to pass a substance abuse test, the individual shall

be

registered on the boftom of the appropriate out-of-work list for which he/she qualifles. Should the registrant be terminated a second time for failure to pass a substance abuse test, the registrant shall be denied use of all hjring hall facilities within the area of the District Council until he/she has successfully completed a State Certifled drug/alcohol program or has been released by a State Certified Counselor, for employment purposes, while completing the program. Continued use of the hiring hall facilities will depend upon the individual remaining free of all prohibited substances is defined in the AGC-Labor Substance Abuse Program.

Supplementary Hiring Hall

Effecdve 6/ I l/2002

SUPPLEMENTARY HIRING HALL REGULATIONS Effective June

11

. 2002

Hiring Hall regulations supplementary to the current area labor agreements. This Hiring Hall Policy applies to Laborers' Local 348. Schedule "C", tljIllg@lof out collectively bargained agreement and lhe Suoplementarv Hirinq Hall Requtations shall be conspicuously posted at the offices of Laborers' Local 348. Additional copies ofthese 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 hiring hall reguiations upon admission to membership.

1.

The Hiring Hall Policy and regulations shall be non-discriminatory and uniform in the applic€tion of all its procedures and shall not be based on, or in any way affected by, race, gender, age, national origin, sexual orientation, disability, religion, or lawful union-related activity.

2.

Any applicant seeking employment at the trade shall be allowed to register on the out-of-work list, union memDers ano non-members alike; except as provided in Section 4 and g. The trade shall be defined as all areas of emplovment for which Laborers' Local 348 has current labor agreements.

3.

Registration on the out-of-work list is not a guaranlee of employment. Only applicants who are not currently employed in the conshuction industry may regisler their availability for referral.

4.

An applicant seeking referral to a job must file with the Local Union a signed referral form providing name, aooress, telephone number(s), birth date and social security number, and stating any skills the applicant possesses and the jobs the applicant is able to perform, including any relevant licenses and certifications. Blank referralforms 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 an applicant. The Local Union has five business days from the time a member places his name on the out-of-work lisis to challenge an applicant's representations concerning his prior employment, licenses, or certifications. Ifthe Local Union makes a timely challenge, it must promptly notify the applicant in writing, who shall have five business days in which to respond and to submit any relevant information. Any applicant who remains aggrieved by the flnal decision of the Local Union may file protest with the Independent Hearing Officer, who shall finally resotve all such disputes in accordance with procedures that he shall establish.

5.

No applicant shall accept any employment at the trade without proper authorization and/or being properly dispatched by the Local Union.

6.

Once an applicant has initially 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, in person, by e-mait, or in writing to the Local Union.

7.

Applicants registered on the out-of-work list shall be required to register their availabillty for work with the Local Union once each calendar month. Registering may be done physically, by mail, by e-mail or by personal telephone call at the applicant's expense. An applicant registering will be placed on the out-of-work list at the time check in.

8.

Failure on the part of the applicant register their availability for work once each calendar month will result in the removal of the applicant's name from the out-of-work list(s). Applicants will be required to re-register at the bottom of the oufof-work list(s).

9.

Any member or non-member applicant who is suspended or who fails to make required payments of dues, fines, fees, and/or other payments shall be removed from the out of work list. Such applicant will be returned to the bottom of the out-of-work list only when appropriate payments have been received by the Local Union and the member checks in with the referral hall.

10.

Applicants who are registered on the oulof-work list and are not members of the Union shall not be required to join the Union or make application to join as a condition of receiving a referral for employment. Such applicants may only be required to join the Union in accordance with the union security requirements of the applicable labor agreement.

11.

All applicants not members in good standing are required to pay a monthly hiring hall fee. The hiring hall fee is due at the time of registration and once each calendar month.

12.

Applicants who are terminated forjust cause, quit, or fail to show up for work after accepting a referral shall be dropped to the bottom of the out-of-work list(s). lf an applicant fails a drug and alcohol screening administered in accordance with our current collective bargaining agreements, the applicant shall be denied hiring hall privileges for 30 days beginning with the date of notification by the employer and/or the screening facility. Applicants who fail a second drug

and alcohol screening within a twenty-four month time period shall be denied use of any hiring hall within th; jurisdiction of the Washington and Northern ldaho District Council of Laborers. Any dispatch form not used must be Supplementary HirinS Hall Retulations

Effective 10/08/2002

returned to the Local lJnion. Applicants receiving a transfer will be removed from the out-of-work list(s). lf the transfer is returned unused, the applicant will be returned to the bottom ofthe oulof-work rist(s).

'13. Applicants registered on the oulof-work

list(s) shall be referred in accordance with applicable labor agreements. The Hiring Hall Procedures of the Area Master Labor Agreement for the Washington a lt6rtnern ldaho District council of Laborers' shall apply ln those cases where agreements refer to the local union hiring procedures and/or referral

systems.

14.

Notification ofjob referrals shall be done each weekday, holidays excluded, between the hours of g:OO a.m. and 12:OO Noon. To notii/ an applicant of a job referral, the Local Union shall call the applicant at the telephone number on file (allowing the phone to ring no less than 10 times). The Local Union shall not be required to call more than one fi) telephone number. lf the call is long distance, it may be made collect. The Local Union shall record the date and time of the call, the name of the employer, the location of the job, and the start date of the job.

15.

During referral hours, any applicant who refuses or is unavailabie for a call for work expected to last more than ten (10) days, for which he or she has registered as qualified, shall be moved to the bottom of the out-of-work list: exceot as provided in Section 16. An applicant will be considered unavailable if he or she cannot be reached after a single phone call (allowing the phone to ring at least 10 times) has been placed to the telephone number provided by the;pplicant; or one call to a pager, an answering machine or person at that number; unless the applicant has given the Locai Union notice in writing of unavailability for a period not to exceed thirty (30) days. Applicants must notify the Local Union if they are unable to work due to illness or injury. Applicants who refuse a work call due to medical reasons not previously reported to the Local Union shall be removed from the out-of-work list(s). Applicants who report medical conditions that prevent them from working shall hold their position on the oulof-work list(s) for a period of ninety (90) days. When the applicant submits a written release for work from a physician, he/she will be returned to his/her appropriate position. Applicants unable to accept a refeffal due to short lerm, reasonable and verifiable causes (death in family, illness, vehicle breakdown or similar) will not lose their position of the out of work list. Verification may be requrred.

'16

An applicant who is referred to a job lasting ten (10) days or less ("short term") will return to his or her prior position on the out-of-work list. A day shall be defined as any day for which the applicant receives four (4) or more hours of pay.

After each "short lerm" referral, all subsequent "short term" referrals shall begin at the next available position on the outof-work A list. Applicants refusing or unavailable for "short term" employment will not be moved on the oufof-work list. Applicants accepting "short term" jobs must notify the Local Union within three working days of discharge to retain their position on the out-of-work list. The "short term" referral provisions herein are inapplicabie and the atplicant will be removed from the out-of-work list and required to register on the bottom of the list, if ihe applicant takes any action within the first ten (10) days of employment designed to manipulate this provision of the Hiring Hall Regulations, such as voluntarily quitting or requesting to be laid off or discharged from the job to which he or she js referred.

17.

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

18

An applicant shall not be referred to an employer if the applicant was previously discharged for cause by the same employer; provided the employer has advised the Local Union of the reason for said disiharge and the applicant's ineligjbility for rehire in writing.

'19. The Local Union may refer applicants at other times of the day should the need arise. Referrals made outside the normal referral hours shall be conducted in accordance with these procedures excepting applicants will not be dropped on or removed from the oufof-work list as a result of unavailability.

20.

Preference will be given to qualified local residents who are registered on the appropriate oulof-work list. Separate out-of-work lists shall be maintaine-d for the Pasco, Bridgeport, Moses Lake and Wa a Walla areas. Applicanti may register on any of the oulof-work lists. Positions on these lists and referrals from these lists shall be In accordance

with these procedures. Should the need arise; applicants will be called from other area lists to fill referrals in a particular area. The position of these applicants on the lists not covering the area of the referral will not be affected; except - jobs lasting 'l'l days or more will result in removal from the list(s).

21.

Applicants attending Laborers' lraining classes and applicants participating in the "salting" of projects shall retain their position on the out-of-work list.

22

ln the event an employer requests applicants with a certain skill and such applicants are not available on the oufofwork lists, the Local Union may go to whatever sources it deems necessary to meet the requirements of the employer.

23. Employers performing work under the terms and conditions of the Hanford Site Stabilization Agreement may request individuals by name in accordance with Schedule "C" of the Area Master Agreement with the foll6wing exception:

Supplementary Hirint Hall Regulations

Effective l0/08/2002

No such request shall be honored unless the requested individual has been a member a Local or Locals affiliated with Washington and Northern ldaho District Council of Laborers for the twelve (12) calendar months immediately

proceeding the date

of the request. This rule shall not apply to request to indenture individuals into th;

Apprenticeship Program or to any individual who was employed by the requesting employer within the jurisdiction of the Washington and Northern ldaho Djstrict Council of Laborers during tie twelve (12) catendar months immediately prior to the request.

24.

Complaints concerning the referral procedures shall be submitted in writing within ten (10) days of the purported violation to the Business Manager of the Local Union. The complainant, if dissatisfied with t'he dlcision of the Local Business Manager, shall submit the complaint to the Business l\4anager of the Washington-Northern ldaho District Council of Laborers'within ten (10) days.

25.

Any complaints or concerns regarding alleged violations of the Code of Ethics and/or Hiring Hall Regulations to discriminate, punish, retaliate or reward members for their union political or election activity should be prompfly addressed to Inspector General W. Douglas Gow, (202\ 942-2360.

The aforementioned policy is hereby adopted this eleventh day of June 2002.

DETERMINATION OF GROUP A STATUS For the purpose of defining the requirements of Group A status, the following shall apply:

l

Persons not previously registered on the out-of-work lists who wish to establish Group A status must complete the New Enlrant Assessment. The New Entrant Assessment will be conducted by the Northwest LaborersEmploye{s Training Program in accordance with its established procedures. Individu;ls who complete the New

Entrant Assessment with a score at or above the score established for journeyman status shall be placed on the Group A oulof-work list(s).

2

Persons who enter or have entered the Construction Craft Laborer Apprenticeshlp program shall be ptaced on the Group A-out oJ work list(s) upon completion of their apprenticeship. Personi who-enter or have entered

Peded+ft{eI€ {12} mgntlq rrom the lirne oj terminaggn@ ueorl=aperovalg *+de th" Bu"in."" M"n"o.r of thr w""hinoton No.th"ffi

3

"nd

Persons who currenlly meet the requirements for Group C or D may receive Group A status in accordance with the procedures established by the Washington and Northern ldaho District Council of Laborers. The current procedures are as follows:

A.

Group C or D individuals may complete the New Entrant Assessment. Individuals scoring at or above the score established for journeyman status shall be placed on the Group A out ofwork list(s).

B Group c individuars who have been emproyed by an emproyer or emproyers party to an agreement or agreements with the Laborers lnternational Union, a Laborers' Distrjct Council and/or a Local UJnion for an aggregate time of at least 4000 hours may challenge the "Knowledge Assessment" portion of the New Entrant Assessment. Individuals scoring at or above the established score for journeyman siatus will be placed on the Group A oufof-work list(s).

C

Group C or D individuals who score less than the established .iourneyman score on either the New Entrant "Knowredge Assessment" may make application to the apprenticeship program. such ls:gs.sm.ent or the individuals must follow the same process as a new applicant to the apprenticeship program.

D. lndividuals choosing not to make application to the apprenticeship program may continue to seek work from the Group C or D out ofwork list(s). E. Group C individuals who meet the 4OO0 hour requirement outlined in 38 may choose to establish Group A status for a.particular specific worK classification(s). Such individuals must provide proof of proficiency in ihat Work clqssification(s) and will not be considered Construction Craft Laborers and willbe referred to work only in that work classification(s).

F Group C individuals who meet the 4O0o hour requirements outlined in 38 may challenge the ,,Knowtedge Assessment" portion of the New Entrant Assessment only once every six (6) ialendar ironths. All other individuals may take the New Entrant Assessment only once. lndivid-uals wno appty to the apprenticeship program may reappty jn accordance with the established procedures of the apprenticeship program.

Supplementary Hiring Hall Regulations

Eflective l0/08/2002