Ibew 357 inside Agreement

3. Each of those applicants shall be assigned to the group with the highest reference priority for which he or she is qualified. The qualifications of the groups and the priority of the referral must be set out in the collective agreements to which the union has adhered. However, notwithstanding all the provisions of union constitutions, statutes *119 and collective agreements, the following applies: 5. In a related argument, Local 357 asserts that workers in their area of responsibility could still work on the Reeco project and do not belong to the locals.   Local 357 does not provide factual support for this allegation.   If Reeco is a party to a collective agreement with Local 357, it seems unlikely that workers will be able to work for Reeco under the same conditions as members of Local 357, as Local 357 claims. (a) All Black candidates who have experience in the electronic commerce and who are in the geographical area for which Local 357 is responsible shall be included in the relevant list of unemployed persons in accordance with their qualification classification and shall be directed to work in the order of precedence set out in the applicable collective agreements. In the 1969 collective agreement between Local 357 and NECA, employment service groups were created as follows: 8. If a union that has used racially discriminatory practices exercises substantial control over employment opportunities in the construction industry, it cannot require Blacks to have experience in the industry or under a collective agreement as a condition of referral. or membership. Since the union has prevented Blacks from gaining such experience, referral or membership would be conditional on such experience or, on the basis of those experiences, would be given a reference priority that would result in the effects of discrimination in the past.

The same applies to the application for union membership as a condition of dismissal or granting priority of recommendation to union members. 16.C. L. Strambler is a qualified black electrician who applied for a transfer of work through the union in July 1965. Mr. Curry, the union`s deputy commercial director, informed him that he first needed to complete a training program. He was not allowed to sign the book on the unemployed (Tr. 180-81), although the union`s collective agreement in force at the time considered that anyone with at least one year of experience in electricity could be expelled (Pl.Ex.

۴۵, pp. 8 and 9). Strambler had more than four years of experience as an electrician in interior and exterior wiring when he applied for a reference in 1965 (Tr. 180-81, 196-97) and was above the age of apprenticeship (Tr. 192, 864). 6. Local 357 maintains an exclusive rental room for the transfer of construction electricians (wire judges, linesmen, etc.) to employers, in accordance with collective agreements with electrical construction companies. Contractors are required to procure electricians through the union`s hiring room, unless the union is unable to comply with a request to workers within forty-eight hours of such request (Pl.Ex. 43, pp. 3-4, tr. 240-241).

Salary rate: Initial rates of pay for Inside Wireman apprentices are 35% ($17.30) of the journeyman scale ($48.43) and apprentice installers/sound and sound and communications technicians represent 50% ($17.18) of the scale for installers/technicians ($34.01). Salary upgrades are based on the completion of a minimum number of hours of on-the-job training and the completion of each school year. Salaries may change as a result of future contractual arrangements. (7) Notwithstanding union constitutions, articles and collective agreements, the Local may impose on 357 Blacks who apply for membership conditions that are no more stringent than the following: (c) Local 357 may not require Black candidates to pass a previous examination or experience under a collective agreement as a condition of their name being placed on the appropriate list of unemployed or referred to a employment. In addition, Local 357 does not require proof of these applicants` previous experience, other than their own removal request statement. The Union reserves the right to review any relevant statement. 20. If a union that maintains a hiring room or employment services system has engaged in racially discriminatory practices, the courts will order changes to the referral system to ensure that Blacks are not punished for lack of industry experience or under collective agreements they *118 have been prevented from obtaining. These changes may take the form of: (a) recommendations based on experience outside the industry or outside of collective agreements; (b) order priority of dismissal regardless of union membership or successful completion of a union examination; (c) order priority of removal on a first-in, first-out basis; or (d) order an alternative recommendation from Negro White. 7.

By operating its rental hall and through its collective agreements with all major electricians in the area, Local 357 effectively controls most of the employment opportunities available to electrical engineers in the Las Vegas area (pre-trial order, paragraph III(f)). 4. Members of the unit are generally referred to as “internal” electricians or “external” electricians. Formally, “interior” electricians are classified as follows: (a) sheet metal workers, (b) salespeople, (c) welders, or (d) apprentices; and “external” electricians are classified as: (a) linemen, (b) floor workers, (c) welders or (d) apprentices. Interpretations of the term “periodic contributions” in the National Labor Relations Act, 29 U.S.C§ ۱۵۸(a)(3) do not support the conclusion that JTP payments are due dates.   JTP ratings, which Local 357 and Amicus Curiae call “membership fees,” are not “uniformly required.”  ۲۹ United States.C § ۱۵۸(a)(3).   Only IBEW employees under the jurisdiction of Local 357 who work under an “internal” collective agreement are required to pay the assessment by two per cent in addition to their work contributions.   Indeed, Local 357 has a market recovery program only for “in-house” workers, electricians.   “External” workers, linemen, are employed under another collective agreement.

  Even within Local 357, the two per cent rating is therefore not “uniformly required.” The workers are not members of Local 357, but members of other IBEW locals (their “home locals”).   The workers were employed in the jurisdiction of Local 357 as “travelers” for a project covered by the Davis-Bacon Act.   Local 357`s bylaws require local members and travellers to pay “labour costs” to Local 357.   Local No. 357 (“Articles”), s. XI, § ۶(d).   In addition to the work dues that each worker pays to Local 357, Local 357 also requires each IBEW member who works in their jurisdiction under an “internal” collective agreement to pay an additional two percent of their gross salary directly to local 357`s TPC.   Statutes Art. XI, § ۶(a).1 The workers were employed under an “internal” agreement. Prior to January 1959, Local 357 kept only two books listing electricians looking for work recommendations. The first book was for “residents” of the Las Vegas area and the second for “travelers” or non-residents. In the 1964 collective agreement between Local 357 and the Southern Nevada Chapter of the National Electrical Contractors Association *110 (NECA), employment groups were established as follows: With respect to your statement that our judgment does not prohibit the payments you call of union dues made by members directly to their union to fund a JTP, We disagree, if the source of these payments is due to the salaries to be paid for a project covered by Davis-Bacon.

  Therefore, direct payments used to fund a JTP made by a union member while working on a Davis Bacon project would be considered a retrospective deduction or discount prohibited under the Davis-Bacon Act and section 5.5(a)(1) of section 29 of the C.F.R. if and to the extent that the payment results in remuneration lower than the salary applicable to the employee. free and clear. (a) Accepted whites have always been scored higher in the number of evaluation criteria than in individual members` estimates of their qualifications, while blacks have been rated lower in the number of evaluation criteria than in members` individual estimates of their qualifications (Tr. . . .