Asbestos, Lead & Hazardous Waste Laborers,
Local 78 Hiring Hall Rules
(Effective April 11, 2011)
Section 1 - Registration of Availability for Referral
A. An applicant seeking referral to a job must file with Local 78 a signed and dated
referral form providing name, telephone number and social security number, and stating any skills the
applicant possesses and the jobs the applicant is able to perform, including any relevant licenses or
certifications. Blank referral forms will be available at the offices of Local 78. An applicant on the Out of Work List shall be a journeyperson as determined by the Joint Apprenticeship Training Committee (“JATC”) or enrolled as an apprentice in the JATC administered program. If the JATC has determined that an applicant lacks sufficient experience in a particular skill area and requires that the applicant undergo further training, the applicant will not be eligible for referral in that area until the JATC deems him/her qualified in that area. Local 78 will compile an out-of-work list, consisting of the applicants who have registered their availability for referral Local 78 may confirm any prior employment, licenses, or certifications listed by an applicant. Local
78 has five business days from the time a member places his or her name on the out-of-work list to
challenge an applicant's representations concerning his or her prior employment, licenses, or
certifications. If Local 78 makes a timely challenge, it must promptly notify the applicant in writing,
who shall have five business days from the receipt of this notice in which to respond and to submit
any relevant information. Any applicant who remains aggrieved by a final decision of Local 78 may
file a protest with, the Independent Hearing Officer, who shall finally resolve all such disputes in
accordance with procedures that he shall establish.
B. Apprentices shall be referred under a separate out-of-work list. Where a job calls for a particular type of work specified in the Work Process Schedule for a Construction Craft Laborer under a state or federal Bureau of Apprenticeship Training approved Apprenticeship Program, the dispatcher may pass over an Apprentice who has attained the required work experience in that area and refer the next available Apprentice who has not satisfied that requirement.
C. There shall be separate Out of Work Lists for applicants seeking employment in New York/ Long Island, and applicants seeking employment in New Jersey. Effective February 1, 2008, the New Jersey Journey Worker and Apprentice Out of Work Lists shall be governed by these Hiring Hall Rules, as opposed to the Rules of former Laborers’ Local 1030. At any one time, an applicant may only maintain a registration of his/her availability for referral on one of the Lists.
D. Only applicants who are not currently employed at the trade can register their
availability for referral. Applicants who, after registering their availability for referral, on their own
obtain a job at the trade must advise Local 78 within 24 hours. Those applicants will then be
removed from the out-of-work list, and treated as working pursuant to a referral, including being subject to the provisions of §2(C) on short-term referrals. Failure to advise Local 78 of such employment as required herein will result in the applicant being ineligible for registration on the out of work list for a period of 30 days commencing the first time ― subsequent to the violation coming to the attention of the Local ― that he attempts to register; and for a period of 60 days for any further violation in the same calendar year.
E. Applicants shall be removed from the out-of-work list upon receiving a job referral,
subject to the provisions at §2(C) on short-term referrals. An applicant who is laid off or discharged
from a job must again register his or her availability in order to be included on the out-of-work list.
F. To be registered on the Out of Work List an applicant must complete and sign a referral form indicating his or her availability for referral. All registrations and re-registrations must be made in–person at Local 78’s office during regular business hours.
G. An applicant's registration of availability for referral shall be in effect for two weeks (i.e. the two-week period in which the registration of availability is made). An applicant must
again register his or her availability in-person at the Local’s office on the first Monday of each successive new two-week registration period in order to retain his or her position on the out-of-work list.
Section 2. Referral Procedure
A. Applicants on the out-of-work list shall be referred to jobs in the order in which they
have registered their availability for referral, with the first registered applicant referred first, provided
that the applicant has indicated that he or she has the qualifications requested by the-employer, and
further provided that said applicant has not been rejected and deemed unsatisfactory for work in
writing by the employer making the request for workers.
B. Requests by an employer for specific individuals previously employed by the employer
shall be fulfilled, as specifically required by applicable collective bargaining agreements.
C. An applicant who is referred to a job or jobs which last less than 40 hours either because
(1) the job is terminated or (2) the applicant is laid off or discharged will return to his or her position
on the out-of-work list prior to receiving the referral, provided the applicant notifies Local 78 of his or her availability for referral within 48-hours (excluding weekends and contract holidays) of any such job termination, lay off or discharge. However, after receiving a job referral or referrals following such a short-term referral so that a total of 40 hours have been worked, that individual must again register in order to be included on the out-of-work list. The short term referral provisions herein are inapplicable and the applicant will be removed from the out-of-work list if the applicant takes any actions within the first 40 hours of employment designed to manipulate this provisions of the Hiring Hall Rules, such as voluntarily quitting or requesting to be laid off or discharged from a job to which the applicant is referred.
D. To notify an applicant of a job referral, Local 78 will call the applicant at the telephone
number provided by the applicant on the referral form. Local 78 will record the date and time of the
call, the person making the call, the name of the employer, the location of the job, the start date of
the job, and the results of the call, including whether the call was answered, by whom and what
response, if any, was made.
E. Any applicant who refuses or is unavailable for two referrals while maintaining the same Out of Work List date shall be removed from the out of work list. An applicant will be considered unavailable if on two separate occasions, separated by at least thirty minutes, he or she cannot be reached by calls placed to the telephone number provided by the applicant, unless the applicant has given Local 78 notice in writing of unavailability for a period not to exceed thirty days An instance in which an applicant cannot be reached for referral will not be combined with a subsequent such instance so as to consider the person unavailable if, in the interim, the applicant has accepted a call for referral. The preceding shall not apply in the case of a referral opportunity provided to an applicant less than one hour before the start of the job.
F. Once an applicant refuses a referral, or twice in the same day cannot be reached for a referral, he or she will not be called for further referrals that day
G. When Local 78 determines that the applicant who is first on the out-of-work list cannot be referred because of refusal, unavailability, previous written rejection by the requesting employer, or lack of required skills/Local 78 will then refer the next applicant on the out-of-work list who is willing, available, has not previously been rejected, in writing by the requesting employer, and has the required skills.
H. An applicant shall not be referred to an employer if the applicant was previously rejected and deemed unsatisfactory for work in writing by the same employer.
I. If an applicant is rejected in writing by three employers on the basis of lack of the skills necessary to perform a job for which the applicant claimed to be qualified on the job referral form submitted by said applicant, that applicant will be ineligible for listing on the out-of-work list unless and until such applicant has provided Local 78 with references from two employers post-dating the rejections, showing the applicant has demonstrated the skills and/or competence required to perform the work.
J. An applicant who accepts referral to a job (other than for a short notice job as defined in the job referral form (a “Short Notice Job”)) shall have one hour from the acceptance to call to revoke such acceptance, in which case the referral shall be counted as an unavailability. Any applicant who after accepting referral does not report to a job, including but not limited to any applicant who accepts and does not report for a Short Notice Job, shall be subject to suspension from the Out of Work List pursuant to the following schedule. After the first such failure to report -- three months suspension; after the second failure to report in one calendar year -- six months suspension; after the third failure to report in a calendar year -- one year suspension. Local 78 may waive this penalty where the applicant demonstrates by clear and convincing evidence that a failure to report was due to factors beyond his or her control and that he or she made a timely, good faith effort to inform Local 78 that he or she would not be able to report for the job.
K. The responsibility of the Local 78 Business Manager regarding the union office of Steward under the Uniform Local Union Constitution, Article IV, Section E(3), and specifically his responsibility to appoint and supervise Stewards, shall not be repealed or superseded by these Rules.
Section 3. Dissemination of the Job Referral Rules
These rules shall be conspicuously posted at the offices of Local 78. Additional copies of these rules shall be made available to members of Local 78 and to applicants upon request, subject to the payment of reasonable copying costs. New members of Local 78 shall receive a copy of the job referral rules upon admission to membership.
Section 4. Job Referral Information
Local 78 shall maintain accurate and current records of all job referrals. The records shall be preserved for a period of three years from the making of each record. The records shall include the following information:
A. All registration by applicants of their availability for referral, including the date of each applicant’s registration;
B. A current out-of-work list, including all applicants whose registration of availability
for referral are then in effect, and the date of each applicant's registration;
C. All requests from employers for workers, including the date of each request, the
location of the job site, the length of the job, if known, and any request by the employer for applicants
with special skills, licenses, or certifications, or an applicant employed by the employer pursuant to
2(D) above;
D. All instances where a job referral is not made because of an applicant (1) refuses the
referral, (2) is unavailable, (3) has previously been rejected in writing by the requesting employer, or
(4) lacks the required skills, including (where applicable) the date and time of the call(s), the person
making the ca11(s) the name of the employer, the location of the job site, the start date of the job, the
basis for not making the referral, the results of the call, including whether the call was answered and
by whom, and what response, if any, was made; and
E. All job referrals made, including the applicant referred, the date on which the applicant
registered his or her availability for employment, the date of the referral, the employer, the location
of the job site, and the date the applicant was hired and the date any employment terminated.
Section 5. Access to Job Referral Information
A. Any applicant can inspect or copy any record containing the job referral information
described in §4. An appointment for inspection shall be scheduled for within five (5) days of request.
Copies of 500 pages or less shall be provided within ten (10) days of request. Copies of more than
500 pages shall be provided within thirty (30) days of a request. Local 78 will charge $.50 per page
to copy the first twenty (20) pages, and $.25 per page thereafter.
B. Lists containing the information described in §4(B) and (E) shall be conspicuously
posted; or otherwise immediately available for inspection, at the offices of Local 78 on a weekly basis,
so that the previous week is posted or immediately available by the close of business on the following
Monday. The information shall remain posted or immediately available for at least two weeks.
Section 6. Registration Fee
An applicant seeking to register a referral form with Local 78 who is a member of Local 78 or of any other local union affiliated with the Mason Tenders District Council of Greater New York whose dues are paid up or a person who has paid uniform initiation and agency fees to Local 78 shall pay to Local 78 upon registration, and quarterly thereafter, a fee in the amount of $25.00 in order to cover said applicant's share of the reasonable cost of maintaining the out-of-work list. A fee paid dining any quarter shall be effective only until the end of said quarter (i.e. a fee paid during the period January 1 through March 31, is effective only until March 31, and a new quarterly fee must be paid on April 1, which would then be effective through June 30).
Section 7. Non-Discrimination in Job Referrals
Referrals to jobs shall be on a non-discriminatory basis and shall not be based on, or in any
way affected by, race, gender, national origin, sexual orientation, disability, religion, or lawful union-
related activity.
Section 8. Complaints
Any complaints or concerns regarding alleged violations of hiring hall procedures should be directed in writing to the Office of the General President, Laborers’ International Union of North America, 905 16th St., NW, Washington, D.C. 20006. Alleged violations of LIUNA’s Code of Ethics should be promptly addressed to Inspector General W. Douglas Gow, (202) 942-2360.
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