The rules below were borrowed directly from the NYCDCC website.
V. SPECIAL JOB REFERRAL RULES FOR SHOP STEWARD POSITIONS
25. Shop Steward Certification
The District Council recognizes that a team of qualified stewards is needed to assist the Business Representatives in the field. All shop stewards must satisfy the qualifications for that position required by Section 16 of the Bylaws for the District Council for New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of New York City District Council of Carpenters Job Solicitation, Registration and Referral System Work Rules America, as amended. Pursuant to a resolution adopted by the Delegate Body of the District Council on November 13, 2007, effective January 1, 2009, a shop steward must be a member of the District Council in good standing and have completed the 2001 Skill Set Training requirements and the District Council’s eight (8) hour re-certification class. The carpenter must also possess the job skills necessary and appropriate for the job to be eligible for that particular job referral.
26. A Shop Steward Must be a Carpenter in Good Standing
A shop steward must have a current work card and cannot have any outstanding fines or assessments due to the District Council or his/her Local Union. A shop steward found by a business representative to not be in good standing will be removed from his or her assignment and dropped from the Job Referral List (just as if he or she had reported to work without tools).
27. Thirty (30) Day Lag In Skill Changes
Any request by a shop steward for a change of skills listed in his or her personal profile on the Job Referral List will not go into effect until thirty (30) days after the request is made.
28. Forty-eight Hour Delay in Early Release of Freeze Holds
If a shop steward releases a freeze hold earlier than originally requested, there will be a 48 hour delay in its going into effect.
29. No Immediate Dispatches of Stewards
Shop Stewards will be dispatched between the hours of 3:00 and 6:00 p.m. In extraordinary circumstances these hours may be expanded.
30. A Shop Steward’s Job Must Begin Within 24 Hours of Dispatched Start Date
A shop steward dispatched from the Job Referral List must begin working for the company they are dispatched to no later than the day following the dispatch or the scheduled start date, whichever is later. (For example, a shop steward dispatched on a Monday to start a job on Tuesday, must begin that job no later than Wednesday; if dispatched on a Friday to a job scheduled to start on a Monday, the steward must begin working on the job by Tuesday.) If the job does not begin within this 24 hour period, the shop steward must put his name back on the Out of Work List and also must contact the assigned Business Agent to advise that the job has not started. A new shop steward must be requested for dispatch by the Business Representative or contractor to coincide with the job’s actual commencement. This rule shall not apply to job start delays occasioned by awaiting security clearances required for the job site.
31. Acting Shop Steward Will Be Dispatched If No Qualified Steward Is Available
If no qualified shop steward is available for a specific job from the job referral list, an acting Shop Steward will be dispatched. An acting shop steward can remain on the jobsite for up to five (5) days. If the job will last more than five (5) days, the business representative must notify the District Council and request a certified Shop Steward to be dispatched to the job. The acting shop steward may retain his or her position until replaced by a certified shop steward.
32. Shop Stewards Must Finish the Job to Which They are Assigned
Shop stewards must complete the job to which they have been dispatched. If a shop steward quits his or her assigned job before it is completed (there is a box to check on the shop steward report form indicating it is the final report of the job), while his or her name is still on the Job Referral List, the business representative responsible for the job MUST notify the Job Referral Office to remove the shop steward from the Job Referral List and request a new steward for the job. Business representatives have no discretion in taking this action. Appeals from this action may be submitted by the shop steward, in writing and faxed to the Job Referral Office, at 212-229-0316, setting forth the justification for quitting the job. Upon review by the Job Referral Supervisor, for good cause shown, a shop steward may be restored to his or her position on the Job Referral List.
33. Keeping Shop Steward Status After Period of Layoff or After Accepting a Referral
A shop steward who places his or her name back on the out of work list during a period of layoff from a job, such as while a job is suspended or between phases, will not be entitled to return to that job when it resumes. A shop steward who places his or her name back on the out of work list after accepting a job referral and waiting the job’s commencement will not be entitled to keep that referral when it starts. In such circumstances, a new steward, with appropriate skills, will be dispatched to the job.
34..Assignment of Business Representative
Every job to which a shop steward is referred shall have a District Council business representative or business manager assigned to it. All shop steward reports for that job shall reference the name of the responsible business representative or manager.
35. All Shop Steward Dispatch Requests Will Be Reviewed
All shop steward dispatch requests shall be reviewed upon receipt by the District Council’s officer responsible for managing the out of work list (hereafter the “OWL Supervisor”) or his or her staff, for potential improprieties in the skills requested (regardless of whether the dispatch request is submitted by a contractor, business representative or business manager). The OWL Supervisor and his or her staff, shall flag shop steward dispatch requests for further inquiry when
a carpenter complains of impropriety related to a particular shop steward dispatch request or referral; the shop steward dispatch request is selected randomly by the OWL Supervisor for investigation by the responsible business representative or manager, as described below. The OWL Supervisor will randomly select for investigation no fewer that ten (10) shop steward dispatches per week, provided there are at least that number of dispatch requests received; the shop steward dispatch request identifies skill certifications that have been listed by the District Council as part of the job referral system for less than one (1) year; the shop steward dispatch request identifies skill certifications that are uncommonly requested (e.g., asbestos, certified welding); and/or the shop steward dispatch request identifies skill certifications that appear to be incompatible or otherwise questionable (e.g., a request listing concrete and refrigeration, or a request for a skill that is incompatible with the work that the contractor performs);
36. Business Representative/Manager Skill Certification Within 48 Hours
All shop steward dispatch requests and/or referrals that are identified pursuant to the foregoing rule shall be brought to the attention of the responsible business representative or manager, who must then certify to the OWL Supervisor within forty-eight (48) hours, whether the skills requested are in fact necessary and appropriate. The business representative or manager shall document the steps he or she takes to investigate whether the skills are necessary and appropriate. Failure by the business representative or manager to respond to the certification request in a timely fashion will subject the business representative or manager to disciplinary charges. Certification of inappropriate or unnecessary skills will also subject the business representative or manager to charges.
37. Effect of Unnecessary or Inappropriate Skills
When the OWL Supervisor determines that a shop steward had been dispatched from the out of work list because the dispatch request identified unnecessary or inappropriate skills, or was incorrectly dispatched for any reason, the OWL Supervisor shall remove the shop steward and return him to the out of work list, subject to the twenty-five (25) day rule. If the Independent Investigator appointed by the District Council determines that a shop steward was dispatched because of wrongful conduct on the steward’s part, the OWL Supervisor shall remove the shop steward and place the shop steward at the bottom of the out of work list. Whenever a shop steward is removed pursuant to this Rule, a new shop steward will be dispatched from the out of work list based on (a) that steward’s position on the out of work list and (b) the necessary and appropriate skills that should have been requested in the first instance. A steward removed from his or her position pursuant to this rule will also have his or her continued shop steward certification subject to review and possible suspension or revocation, and he or she may be subject to internal Union disciplinary charges.
38. Reassignment of Work to Successor Contractor
A. Reassignment of Work to a Contractor Not at the Jobsite
If work on a project is reassigned to a contractor who was not working at the job site at the time of the reassignment, the shop steward assigned to that location for the displaced contractor shall have the right to retain his or her steward position on the job, provided he or she has not re-registered on the out of work list. If the original shop steward does not retain his or her position at the site, a new shop steward shall be dispatched from the out of work list.
B. Reassignment to a Contractor at the Jobsite
If work on a project is reassigned to a contractor who was simultaneously working at the job site (for example, one contractor was installing core sheetrock and the other was performing tenant work), the remaining contractor’s shop steward assigned to that location shall have the right to retain his or her steward position on the job, or else a new steward will be dispatched. If the displaced contractor’s crew is retained by the remaining contractor and no shop steward has been previously dispatched to the remaining contractor at the job, then the shop steward dispatched to the displaced contractor shall have the right to keep his or her assignment for the new contractor, provided he or she has not put his or her name back on the out of work list.
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