ARTICLE XXII - Hiring, Layoffs and Transfers
Par. 1. In the interest of maintaining an efficient system
of production in the industry, providing for an orderly procedure
of employment of applicants and of preventing discrimination
because of age, citizenship, disability, race, color, creed,
sex, religion or national origin, the parties hereto agree to
the following system of employment:
(a) The Union shall establish, maintain and keep current an
open list for the employment of workmen qualified to perform
the duties required. Such list shall be established, maintained
and kept current on a nondiscriminatory basis and shall not
be based on or in any way affected by Union membership, Union
By Laws, regulations or constitutional provisions or any other
aspect or obligation of Union membership, policies or requirements.
Upon request such list shall be made available to the Company
for inspection.
(b) The Company shall hire experienced Mechanics, Helpers and
Apprentices who permanently live in the area, are seeking employment
and are qualified to perform the work required by the Company
before hiring a transient employee or a new inexperienced employee.
An employee shall be considered a transient until he makes a
showing that he is permanently changing his home and residing
in the territorial jurisdiction of the local with which he has
registered for referral. The employee shall verify the change
by providing to the local, a motor vehicle registration and
drivers license with the new address. The employee shall send
the change of address to the International in order to be registered
with the local for referral. Provided the foregoing criteria
are met, an employee's status as a transient shall continue
for a period of six (6) months from the time he has registered
with the local. When hiring an experienced mechanic, helper
or apprentice the Company shall use the Union as the first source
of applicants for employment. Upon the Company's request, the
Union shall refer, on the basis set forth hereinafter, such
an applicant within a period of 72 hours after such request,
exclusive of Saturdays and Sundays. If the Union fails to refer
qualified workmen within the specified period the Company may
obtain workmen from any other available source. The Company
has the right to reject any and all applicants referred to it
by the Union. The Company, where requested by the Union, shall
give, in writing, the reason for any rejection. It is further
understood and agreed that if any workman is continually rejected
by the Company within a local union's jurisdiction or if the
Company, as a matter of practice, repeatedly rejects applicants
referred by the Union, the local union Business Representative
or the Company may submit the matter of rejection to the Regional
Manager, Field Employee Relations and IUEC Regional Director.
Failing agreement, the matter may be referred to the National
Arbitration Committee under Article XV. The Regional Manager,
Field Employee Relations and IUEC Regional Director, National
Arbitration Committee or the impartial arbitrator shall have
authority to decide the matter and impose an appropriate remedy.
If they find that the continued rejection of a particular workman
was justified, the appropriate remedy may include directing
the removal of the named workman from the list for a period
of time. If they find that the Company has unreasonably or discriminatorily
exercised its right of rejection, the appropriate remedy may
include directing that the Company not have a right of exercising
his right of rejection for a period of time.
(c) The Union shall refer to the Company only workmen whose
names appear on the open employment list and in so doing shall
be governed by the following criteria:
(1) If the Company requests by name from the open employment
list a particular workman previously employed by the Company,
who permanently lives in the area, that workman shall be referred
by the Union to the Company unless the workman is unwilling
to accept employment with the Company.
(2) If the Company requests by name from the open employment
list a particular work - man who has not previously been employed
by the Company, who permanently lives in the area, that workman
shall be referred by the Union to the Company unless the workman
is unwilling to accept employment with the Company.
(3) In the event the General President of the IUEC shall be
of the opinion that a severe unemployment situation exists in
any local's jurisdiction, he shall contact the Director, Industrial
Relations and confer with him as to the problem and possible
resolutions. Failing agreement the matter may be submitted to
the impartial arbitrator as provided under Article XV An agreement
as to resolution of the problem between the General President
of the IUEC and the Director, Industrial Relations or the decision
of the arbitrator may modify the provisions of subparagraph
(1) and (2) above as may be deemed necessary under the circumstances.
(d) All Employment Practice provisions are to be posted in the
Union Hall and in the Company's Personnel Office.
(e) As soon as practical the General President of the IUEC shall
review all locals of the Union where there is a part - time
Business Representative for the purpose of determining whether
such Business Representative is able to establish and maintain
an open employment list and to operate the procedures in this
Article in a satisfactory manner. He shall then advise the Director,
Industrial Relations as to such determination and if there is
any disagreement, they shall endeavor to resolve the matter.
Failing agreement, the matter may be submitted to the impartial
arbitrator provided under Article XV.
Par.2. Applicants for apprenticeship shall be evaluated and
ranked in accordance with the selection procedures contained
in the pattern affirmative action plan set forth in appendix
[B] to this agreement, or such similar procedures adopted to
conform to applicable state laws or regulations, by local committees
consisting of representatives of IUEC Local Unions and Employers
signatory to this collective bargaining agreement. Employers
seeking new employees shall contact the appropriate local committee
for dispatch of an apprentice in accordance with that committee's
referral procedures.
Par. 3. When an Employer makes layoffs, the probationary apprentice
will be laid off first; thereafter, any transient helper, then
any transient apprentice, followed by any helper who permanently
lives in the area; thereafter, a first year apprentice; thereafter,
a second year apprentice; thereafter, a third year apprentice
and thereafter, a fourth year apprentice. The employer will
determine the order of lay off in each classification. Employees
laid off shall be paid at the next weekly payroll period following
the layoff.
The temporary mechanic shall be set back in the same order as
mentioned in Article X, Par.4 prior to layoff of a transient
mechanic, not including temporary transfers referred to in paragraph
(4) below, and lastly those mechanics who permanently live in
the area will be laid off.
Par. 4. The Company shall have the right to transfer temporarily
from one local union's jurisdiction to another, key mechanics
(such as adjustor, certified welder, mechanic - in - charge,
experienced escalator mechanic, mechanic trained to handle special
equipment such as hydro drilling equipment, mechanic required
to train or orient other employees in that local union's jurisdiction
as to the Company's equipment, mechanic transferred temporarily
to open an office). A mechanic - in - charge is only on a construction
or modernization job where there are four (4) or more Elevator
Constructors including the mechanic - in - charge. In addition,
where the Company does not have a regular work force, the Company
shall have the right to transfer mechanics temporarily on a
one - to - one basis in the case of two (2) man jobs up to a
maximum of three (3) such jobs at any given time. It is understood
that the foregoing limitations shall not be applicable where
there are no qualified mechanics available in the local union.
Mechanics temporarily transferred under the above provisions
may remain in the area only until completion of their work on
the particular job for which they have been transferred.
The Company and the IUEC shall mutually decide upon what is
a regular work force as used in this Par. 4 and that decision
shall become incorporated in and a part of this Agreement.
Par. 5. Where the Company is opening a new office in one local
union's jurisdiction they may permanently transfer one mechanic
from the jurisdiction of another local union to start the new
office provided they have advised the Business Representative
in advance of the transfer. The Company may permanently transfer
an employee from one local union to work in the jurisdiction
of another local union subject to the following conditions:
(a) Prior notice shall be given to the International Union.
(b) The Company shall consider the following factors in reaching
a decision to transfer such an employee:
1. The availability of qualified personnel in the other local
union.
2. The business necessity for such a transfer and other relevant
considerations.
(c) The Company shall not permanently transfer any employee
for the purpose of circumventing an expense agreement.
(d) Any dispute concerning such a transfer shall be subject
to the grievance and arbitration procedure herein.
(e) It is understood and agreed that prior to terminating an
employee for unsatisfactory performance who is to be replaced
under this paragraph or any other employee, the Company will
give a written warning to the employee with a copy to the Business
Representative in order that the employee be given an opportunity
to improve his work performance. Such a termination may be submitted
as a grievance to the National Arbitration Committee as provided
under Article XV as a final source of appeal.
Par. 6: Whenever a building owner or other customer of the
Employer requires persons working on its premises to provide
personal identification as a condition of entering or working
on the premises, the Employer will provide the employee with
such identification for use on such jobs which will not contain
the employee's Social Security, driver's license or any other
personal identification numbers of the employee.
