Liuna Local 1059 By-Laws
LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 1059 BY-LAWS
As established in 1983 and amended in 1995, 1997
1. GENERAL
1.01 "Member" shall mean an applicant for membership in the Labourers' International Union of North America, Local 1059 whose application has been approved by the Labourers' International Union of North America, and has been initiated by the Labourers' International Union of North America, Local 1059 and in addition, where it is appropriate, shall include members of other locals of the Labourers' International Union of North America who have deposited transfer cards with the Union office of Labourers' International Union of North America, Local 1059 in accordance with the constitution of the Labourers' International Union of North America.
1.02 "Local 1059" shall mean Labourers' International Union of North America, Local 1059.
1.03 "International Union" shall mean the Labourers' International Union of North America.
1.04 "Constitution" shall mean the constitution of the Labourers' International Union of North America, the Uniform District Council Constitution and the Uniform Local Union Constitution.
1.05 Any Member giving or obtaining a membership card in Local 1059 belonging to another Member for the purpose of obtaining a job, attending a Local 1059 Union meeting, or voting in a Local 1059 election may be charged and brought before a Trial Board of Local 1059 and may be subject to expulsion.
1.06 Any Member refusing to sign a certificate of membership card attesting to membership in Local 1059 when asked to do so by a Local 1059 Union Representative may be charged before a Local 1059 Trial Board. Any penalty imposed by a Trial Board in such cases shall have no effect on the current employment status of the member under charge. When a Member signs a certificate, this will be kept confidential.
1.07 All Members will carry their membership cards at all times while at work on a job or project and will produce and show same when requested to do so by the Local 1059 Business Representative or Business Manager.
1.08 Any Member obstructing the Local 1059 Business Representative or Business Manager in the execution of his duties shall be charged before the Local 1059 Trial Board and is subject to fine and or suspension from Local 1059.
1.09 Where a Member has been fined and or suspended and/or expelled from membership and the fine, suspension or expulsion remains outstanding, the Local 1059 Business Representative or Business Manager shall have the right to take action against the fined and/or suspended Member and/or former member inclusive of removal from the job for a violation of Union security provisions of operative Collective Agreements upon notification to the employer or his supervisor.
1.10 No Member shall enter into an Agreement with an employer or his representative concerning any term or condition of employment that would violate any operative Collective Agreement binding between Local 1059 and the employer.
1.11 No Member of Local 1059 shall take it upon himself to enter into an Agreement with any other trade or employer in respect of labourers' jurisdiction.
2. STEWARDS
2.01 No steward of Local 1059 shall call or authorize or threaten to call or authorize, counsel, procure, support or encourage an unlawful work stoppage or unlawful strike. No steward of Local 1059 shall authorize a work stoppage or strike over any dispute without first reporting to the Local 1059 Business Representative or Business Manager and receiving approval for such action. All Members shall produce and submit their membership cards upon request to the Local 1059 shop steward. Members reporting for work who fail to present their membership cards to the Local 1059 shop steward upon request shall be subject to charge.
2.02 Upon request by a Local 1059 Business Representative, Business Manager or shop steward, a Member must produce his pay envelope, in tact, or cheque, for examination. Failure to comply with this request shall be subject to charge.
3. HIRING HALL LIST AND WORK REFERRALS
3.01 Local 1059 shall maintain two hiring hall lists as follows:
(i) Northern List - covering Local 1059 jurisdictional area north of a line drawn from and including the Town of Goderich to and including the Town of Palmerston;
(ii) Southern List - covering Local 1059 jurisdictional area south of a line drawn from and excluding the Town of Goderich to and excluding the Town of Palmerston.
3.02 On jobs located in the jurisdictional area governed by the Northern List, where Collective Agreements require Members to be referred from the Local 1059 Union office, work referral permits shall be issued on the basis that the Member out of work the longest and registered on the Northern List the longest shall be the first to work if the Member is able to perform the work required by the employer as contemplated by paragraph 3.09 hereof.
3.03 On jobs within the jurisdictional area governed by the Southern List, where Collective Agreements require Members to be referred from the Local 1059 Union office, work referral permits shall be issued on the basis of a single name request from the Members listed on the Southern List followed by a single supply of a Member from the Southern List. The ratio to be maintained is one name request from the Southern List by the employer followed by one referral from the Southern List by the Local 1059 Union office in accordance with these by-laws. A company in exercising its one name request may select one Member from the Southern List by name no matter where that Member appears on the Southern List. The next Member to be referred to that employer whether encompassed by the same call for men or a subsequent call for men must be filled by a Member on the Southern List on the basis that the said Member out of work the longest and registered on the Southern List the longest shall be first sent to work provided that Member is able to perform the work required by the employer as contemplated in paragraph 3.09 of this by-law. All named requests for employees must be in writing.
3.04 It is the Member's responsibility to make sure that he is registered on the hiring hall lists. All Members will be put on the hiring hall lists. All Members will be put on the hiring hall lists on the day that he registers, not on the day of lay-off.
3.05 Any Member has the right to be on either the Northern List or the Southern List or both the Northern List and the Southern List at the same time but must register for each list.
3.06 All Members transferring into Local 1059 from other Locals of the Labourers' International Union of North America will be added to the bottom of the hiring hall lists and may not be sent to work for a period of at least 120 days by employer request, unless in accordance with the paragraphs governing the hiring hall lists and referral of Members by the Local 1059 Union office save and except for the provision relating to an employer name requests. In circumstances where an operative Collective Agreement provides for the transfer of Members into the jurisdictional area of Local 1059 from outside locals of the Labourers' International Union of North America as key men, the transfer of such key men shall be considered name requests giving rise to the right of Local 1059 to supply Members from the out-of-work lists on the basis that the member out-of-work the longest and registered on the list the longest shall be first sent to work until the ratio of one-to-one is re-established. Members transferring back to Local 1059, who were originally initiated into Local 1059 are exempt from the 120 day waiting period before being allowed to be requested by name.
3.07 Subject to paragraph 3.08 of these by-laws, all new Members will be placed on the bottom of the hiring hall lists and may not be sent to work for a period of at least 120 days upon an employer request unless the new Member is issued a work referral permit on a basis that he is out of work the longest and registered on the list the longest and is able to perform the work required by the employer as contemplated by Clause 3.08.
3.08 The Business Manager, after consideration and study of a particular case or situation, and in circumstances when he believes that it is necessary to fully accomplish an objective or purpose of Local 1059 on behalf of Local 1059, and/or its Members, may grant variances, tolerances, or exceptions from the specific provisions of this by-law in the operation of the hiring hall lists. In all such cases, any variance, tolerance or exception granted by the Business Manager must be noted on the hiring hall list and justified to the Executive Board of Local 1059. Without limiting the generality of the foregoing the Business Manager shall consider granting variances, tolerances or exceptions to provisions of this by-law in the operation of the hiring hall list in the following circumstances:
(i) Unemployed elected officers of Local 1059;
(ii) For organizational purposes;
(iii) Where an employer requires particular skills, the Business Manager may preferentially select the Member to be referred to the job having the necessary skills and experience however, in such circumstances the Member having the necessary skills and experience to be referred to the job is to be the Member who has been unemployed the longest and registered on the lists for the longest period of time. Should a Member misrepresent his skills and ability in connection with the operation of the hiring hall lists, upon a complaint by an employer and investigation by the Business Manager or his designee, the Business Manager may rectify the hiring hall list records with respect to the skills and experience of the Member in accordance with the results of his investigation. The Member may appeal the Business Manager's ruling to the Executive Board.
(iv) Unemployed Members who have maintained their membership in Local 1059 as current during a minimum of 12 months immediately proceeding the date of referral and have exhausted their unemployment insurance benefits.
3.09 When an employer requests a workman with a special skill to be referred from the Local 1059 Union office and no Member is listed on the appropriate hiring hall list covering the geographic jurisdiction of the job location, the Local 1059 Union office shall consult the other hiring hall list in order to refer an unemployed Member having the required skills, abilities and experience.
3.10 Members being referred to work pursuant to Union Security and Hiring Hall provisions in Collective Agreements will be called by the Local 1059 Union office on or before 1 p.m. for referral to work the following day where possible.
3.11 All Members reporting to work on jobs covered by any Collective Agreement binding upon Local 1059 and the employer must have a work referral permit from Local 1059 prior to commencing work.
3.12 Members accepting a work referral permit and then failing to report to work as directed without just cause and without informing the Local 1059 Union office prior to the shift starting time at the job will be disqualified from further job referrals for a period of at least 30 days but shall not lose their place on the hiring hall lists.
3.13 A Member must report to the jobs specified on the work referral permit. A Member is prohibited from transferring his work referral permit to any other person or Member whether for monetary gain or otherwise.
3.14 Members who have obtained a work referral permit by falsifying employment information, may be removed from the job and further may be disqualified from receiving a job referral slip for a period of three months and may be subject to further disciplinary action upon charge before a Trial Board.
3.15 Adjustments will be made to the hiring hall lists as follows:
(i) For periods of employment totalling less than 16 weeks in the last year and where the Member has not quit the job, no adjustment will be made to the Member's position on the hiring hall lists;
(ii) A Member will be put to the bottom of the hiring hall lists for the following reasons:
(a) Refusing a job from the Local 1059 Union office without justifiable reason. Continuing eligibility for Unemployment Insurance Commission Benefits shall not constitute a justifiable reason;
(b) Members who have asked to be laid off or quit without justifiable reason;
(c) Members who became employed and have worked a total of 16 weeks and meet Unemployment Insurance eligibility.
3.16 Any Member who is over two months in arrears in dues is a suspended Member. Any Member who is in arrears with respect to any fines or assessments and any suspended Member shall not receive a work referral permit from the Local 1059 Union office. The Local 1059 Business Representative or Business Manager is not permitted to send a suspended Member or Member subject to arrears of fines or assessments to work on any job before his readmissions fee, current dues and all fines and assessments are paid to date.
3.17 By-laws can only be amended or changed at a special called meeting for that purpose. By-laws can be reviewed in six months.
1995 AMENDMENT
Members that initiated into membership while employed on non-construction work, are not allowed to register on the construction out-of-work lists or to solicit/obtain work for signatory construction employers.
1997 AMENDMENT
Members that have applied for or are receiving benefits from the Labourers' Pension Fund of Central and Eastern Canada, are not eligible to be registered on the construction out-of-work lists or to solicit/obtain work for signatory construction employers if:
(a) They have reached age 65; or
(b) Have elected to pay Retiree dues
