The following rules apply to members working under the Heavy and Highway Contract only.
Referrals to any other jobs covered by Contracts with Teamsters Local 445 are not bound by these rules.
ELIGIBILITY: To be eligible to work and maintain a spot on the Out-of-Work list, a member must remain in good standing. Monthly dues are currently $48.00 plus a $2.00 Strike Fund assessment (the assessment was voted on and approved by a secret ballot vote on June 11, 2010). If a member falls behind in dues by three months, he/she will be removed from the Out-of-Work list and will not be referred to work. When the member pays the back dues, he/she will then be placed at the bottom of the Out-of-Work list. It is the members’ responsibility to check their standing with the Dues Department. Members must pay dues even if they are not working. Members on the Out-of-Work list are required to take a pre-employment drug and alcohol test and submit to random drug and alcohol tests while on the list. Any member who is on the Out-of-Work list and is called for work, but is sick and refuses to accept the work, shall be regarded as not physically able to work. Such members' name shall be removed from the list until such time as the member can show, with a doctor’s note, that they are physically able to return to work. At that time, they will be returned to their place on the list from where it was removed. (Example: Member is number 10 on the list and is out for 15 days. When he/she is released from doctor's care and produces a doctor's note to the Construction Business Agent, he/she will return to the same number 10 position on the list, regardless of the length of time they are not physically able to work.) It is the member’s responsibility to contact the Out-of-Work line to be placed back on the list.
Placement ON THE oUT-OF-wORK lIST: A member will be placed on the Out-of-Work list on the date that he/she calls the Out-of-Work line at 845-564-5298 ext 120. It is the member’s, and only the member’s, responsibility to call to be placed on the Out-of-Work list. Once placed on the Out-of-Work list, members should check their status on the list weekly. If a member believes that his/her place on the Out-of-Work list is not correct, the member should immediately notify the Union in writing. A member will lose his/her place on the Out-of-Work list after working one (1) day.
MEMBER RESPONSIBILITIES:Members finding work through the Local 445 Out-of-Work list are representatives of Teamsters Local 445 and should conduct themselves in a professional manner. If issues arise on the job, the member should contact the Local’s designated Shop Steward before contacting the Business Agent. Members on the Out-of-Work list must keep the Union informed of changes to phone numbers, updates to licenses, and updates to certifications. Members who are referred to work must contact the Shop Steward prior to the start of work, show up on time with the needed gear, certification and necessary paperwork (social security card, driver's license, medical examiner’s card, and any other required forms and/or documentation). A member has the right to be recalled by his/her last employer as per each contract. When a member is recalled to his last job by the employer, he/she should call the Out-of-Work line to remove him or herself from the Out-of-Work list.
UNACCEPTABLE BEHAVIOR:Any member who conspires with an employer in an attempt to avoid making contributions to the Teamster Local 445 Funds will be referred to the Executive Board for discipline and possible suspension. Members who are No Call No Show, or refuse to take a drug/alcohol test, or show up to work without the necessary documentation (e.g., driver’s license, OSHA certification, etc.) will be placed on the bottom of the Out-of-Work list.
LAY-OFFS:When a member is out of work (laid-off), the member must call the Out-of-Work Line at 845-564-5297, extension 120, to be placed back on the Out-of-Work list. A member will be placed on the updated list as of the day they call the Out-of-Work line. Shape time is NOT a cause to go to the bottom of the List, provided the member notifies the Union of shape time and the Union verifies.
UNION’S RESPONSIBILITY:The Out-of-Work list will be updated as needed. The List will be posted on the bulletin board at the Union Dues Department at 15 Stone Castle Road, Rock Tavern, New York. Copies can be obtained from the Dues Department during regular business hours. When an employer has a need for a Teamster employee, the Union will refer a member from the List in the order of rotation. The Union will call or text (up to two) phone numbers supplied by the member to the Union. Because of the nature of the industry, limited time, and the need to fill vacancies, the Union may have to give the member a time they need to call back by. The Union is not required to hold a job assignment. If employees are still needed to fill jobs after the Out-of-Work list is exhausted, the Business Agents will attempt to locate individuals who are able to work. In the event that a job requires special qualifications and no individuals on the Out-of-Work list have such qualifications, a member having such qualifications may be temporarily taken from another job and he/she will retain his/her seniority when returning to that job. The Union shall have the right to remove an individual from the Out-of-Work List, on a temporary or permanent basis, for reasons of incompetence and/or misconduct. The Construction Business Agent, along with the Secretary Treasurer, of Teamsters Local 445 shall investigate any such alleged complaint of incompetence and/or misconduct, and shall make a determination as to whether the individual should be warned, suspended or removed from the Out-of-Work List. Any determination made can be appealed to the Executive Board.
EMPLOYERS:An individual will be referred to an employer if the employer makes a specific request for that individual, regardless of his/her place on the Out-of-Work list.
SHOP STEWARDS: Shop Stewards must notify the Union when they call individuals back to work from an employer’s seniority list. When additional employees are needed, it is the Union’s place to send members to the job. Under no circumstances should a Shop Steward refer any person from the Out-of-Work list to an employer.
QUALIFICATIONS:Individuals will be referred to work from the Out-of-Work list subject to their qualifications for the job (e.g., Class A or B license, Hazmat, etc.).
DRUG AND ALCOHOL TESTING: Any applicant not already participating in the Teamsters Local 445 Drug and Alcohol Testing Program must first pass a drug and alcohol screening given by the Teamsters Local 445 Drug and Alcohol Screening Program Manager before being placed on the Out-of-Work list. This test will be paid for by the applicant.
PICKET LINE DUTY:All members listed on the Out-of-Work list must be reasonably available for picket line duty and/or organizing activities within the Construction sector. Any member who fails to comply with this obligation will be assessed a $25.00 fine per incident. When a member takes employment out of Local 445 jurisdiction, these rules will not apply.