Local 22 Referral Rules

REFERRAL RULES AND PROCEDURES

 

Local 22, International Alliance of Theatrical Stage Employes, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada, AFL-CIO, CLC ("Local 22") is the Stagehand Local for the Washington, D.C. metropolitan area.  Local 22 represents stagehands in theatres, arenas and similar venues throughout the area and, through its referral system, refers stagehands to fill jobs with its signatory employers.  Local 22 is also signatory to collective bargaining agreements with WTTG Television and CBS, and refers individuals to those venues as well.

 

To promote a uniform and orderly system of referral that satisfies the mutual interests of both Local 22 signatory employers and those employees whom Local 22 represents for purposes of collective bargaining, Local 22 has adopted the following Referral Rules and Procedures.  These Referral Rules and Procedures are effective as of April 10, 2004 and supersede any prior policies, rules and procedures.  Any questions about these Referral Rules and Procedures should be referred to the Local 22 Business Agent.

 

I. GENERAL

 

A. These Referral Rules and Procedures shall apply to all registrants who seek referral and to all Local 22 signatory Employers who agree to be bound by such Rules and Procedures or who, through a course of conduct, have adopted such Rules and Procedures.  All referrals shall be governed by these Referral Rules and Procedures, and by the applicable provisions of the Local 22 Constitution and By-Laws and the International Constitution, as properly amended or modified from time to time. 

 

B. Local 22 will maintain a fair and equitable system of referrals. There shall be no discrimination in referral on the basis of race, gender, age, national origin, union membership or activity, or other criteria prohibited by federal or applicable state law.

 

C. Any claim that these Referral Rules and Procedures have been violated shall be submitted for adjudication in accordance with the procedures set forth in Article VI herein.

 

II. CONTACT INFORMATION

 

A.            The Local 22 Business Agent, or his designee, is responsible for making all referrals.  The Business Agent may be reached at the above address and telephone number during regular business hours of Monday through Friday, 8:30 a.m. to 4:00 p.m.  Normal business shall be conducted during regular business hours.  The Business Agent may be reached after regular business hours for replacements and emergencies by dialing (202) 832-4222.  DO NOT CALL THE BUSINESS AGENT AFTER HOURS FOR REGULAR BUSINESS MATTERS.

 

B.            The Business Agent may also be reached by email at local22@iatselocal22.com.  Emails sent after regular business hours will be received during regular business hours.

 

C.            As described more fully below, the Local 22 Job Line is a voice mailbox for all referral participants.  The telephone number of the Job Line is (202) 269-5151.

 

III. REFERRAL CATEGORIES

 

A.            Applicable Definitions

 

The following definitions shall govern with respect to the Categories of Referral, as described below.

 

1.            "Year of Experience"

 

a. An individual shall be deemed to have one "Year of Experience" for each year in which he[1] demonstrates that he has worked no fewer than 1400 hours performing the Work of a Stagehand.   In determining whether an individual has established the 1400 hour minimum for purposes of this section, the Union shall rely on any records it deems reasonable including but not limited to employer records, Union records, trust fund records, and individual records, including tax and earnings records.

 

b. Notwithstanding section (a), above, for purposes of determining Years of Experience for admission to the "A" List, an individual must accrue his seven Years of Experience over the ten-year period immediately preceding his admission to the "A" List.  For admission to the "B" list, an individual must accrue his four years of experience over a six-year period immediately preceding his admission to the "B" List.  An individual will be deemed to have earned quarter credits for those years in which earnings or hours did not meet the minimums described herein; these quarter credits may be added to full credits earned for those years in which the annual minimums were reached.  If the sum of these credits over a ten/six year consecutive period equals or exceeds seven/four, the individual will be considered to have accrued the requisite Years of Experience for admission to the "A" and "B" Lists, respectively.

 

c. Notwithstanding section (b) above, any periods in which an individual is unable to perform the Work of a Stagehand because of serious illness or injury shall not be counted for purposes of determining whether an individual has accrued the required seven Years of Experience in the ten year period immediately preceding his admission to the "A" List, or the required four Years of Experience in the six year period immediately preceding his admission to the "B" List.  Such periods may not, however, exceed three (3) years in the aggregate.  To qualify for this provision, the individual must be registered in and have received a referral through the Local 22 referral system at the time the injury or illness was sustained.

 

d. Any periods of absence that are due to qualified military service under the Uniformed Services Employment and Reemployment Rights Act ("USERRA") shall be addressed in accordance with the requirements of USERRA.  Individuals who believe they have qualified military service shall contact the Business Agent.

 

2. "Work of a Stagehand"

 

The "Work of a Stagehand" shall include all work customarily performed by a paid professional stagehand in the theatrical industry including theatrical or stage carpentry, electrical, sound, property, rigging and related work.

 

3.            "Local Resident"

 

A "Local Resident" shall be an individual who, at the time of referral, maintains a principal residence that is within a reasonable daily commuting distance of the offices of Local 22.   An individual shall not lose his status as a Local Resident for any periods of absence from the area that are due to qualified military service under USERRA, being "on tour" with a road show, or otherwise as approved by the Local 22 Executive Board upon a showing of "good cause."   An individual who attains the status of Local Resident will be deemed a Local Resident for 12 months following the loss of such status for purposes of these Referral Procedures.

 

4. "Good Conduct"

 

An individual who has been determined to be in violation of any of the Referral Rules set forth in Article V, below, at the time referral is sought, shall not be in a state of "Good Conduct."

 

B.            Categories of Referral

 

1.            "A" List

 

a. Initial Eligibility

 

i. To be eligible for referral from the "A" List, an individual initially must satisfy all of the following criteria:

 

A. The individual must have no less than seven (7) Years of Experience performing the Work of a Stagehand within the ten (10) years immediately prior to referral.

 

B. The individual must receive a score of 85% or higher on both the written "A" Test and the practical "A" Test, which are designed to test an individual’s knowledge and skill in the industry commensurate with the level of skill reasonably expected of individuals seeking referral from the "A" List.  These tests will be offered annually, and the results will be announced within twenty-one (21) days of the date of the test.  Individuals who achieved a passing grade of 79% or higher on both the written and practical tests offered under the EEOC Consent Decree will not be required to take these written and practical tests and may use their passing status and score on their previous test(s) for purposes of determining their eligibility for admission to the "A" List.

 

C. The individual must be a Local Resident for no fewer than two (2) consecutive years immediately prior to referral

 

D. The individual must be in a state of Good Conduct.

 

b. Continued Eligibility

 

 

i. An individual who establishes initial eligibility for referral from the "A" List shall not thereafter fail to satisfy the Years of Experience requirement in Section III(B)(1)(a)(i)(A) so long as he has performed the Work of a Stagehand at any time within ten (10) years immediately prior to referral from the "A" List.

 

ii. An individual who establishes initial eligibility for referral from the "A" List, but thereafter fails to satisfy the Local Resident requirement because he has resided outside of Local 22’s geographic jurisdiction in conjunction with performing the Work of a Stagehand, shall be deemed to satisfy the Local Resident requirement of section III(B)(1)(a)(i)(C) after six (6) months, not two (2) years.

 

iii. Notwithstanding any of the above requirements for Initial Eligibility (except the Good Conduct requirement of III(B)(1)(a)(i)(D)) or Continued Eligibility, an individual who is eligible for referral from the "A" List as of April 10, 2004 shall be considered to have met all the criteria for referral from the "A" List as of April 10, 2004 and thereafter.

 

 

2.            "B" List

 

a. Initial Eligibility

 

i. To be eligible for referral from the "B" List, an individual initially must satisfy all of the following criteria:

 

A. The individual must have no less than four (4) Years of Experience performing the Work of a Stagehand in the six (6) years immediately prior to referral.

 

B. The individual must receive a score of 85% or higher, on both the written "B" Test and the practical "B" Test which are designed to test an individual’s knowledge and skill in the industry commensurate with the level of skill reasonably expected of individuals seeking referral from the "B" List.  These tests will be offered annually, and the results will be announced within twenty-one (21) days of the date of the test.  Individuals who achieved a passing grade of 79% or higher on both the written and practical tests offered under the EEOC Consent Decree will not be required to take these written and practical tests and may use their passing status and score on their previous test(s) for purposes of determining their eligibility for admission to the "B" List.  An individual who has passed both the written and practical "A" Test will automatically satisfy this criteria.

 

C. The individual must be a Local Resident for no fewer than two (2) consecutive years immediately prior to referral.

 

D. The individual must be in a state of Good Conduct.

 

 

b. Continued Eligibility

 

i. An individual who is eligible for referral from the "B" List as of April 10, 2004 shall be considered to have met all the criteria for referral from the "B" List as of April 10, 2004.

 

ii. An individual who establishes initial eligibility for referral from the "B" List shall not thereafter fail to satisfy the Years of Experience requirement in Section III(B)(2)(a)(i)(A) so long as he has performed the Work of a Stagehand at any time within six  (6) years immediately prior to referral from the "B" List.

 

iii. An individual who establishes initial eligibility for referral from the "B" List, but thereafter fails to satisfy the Local Resident requirement because he has resided outside of Local 22’s geographic jurisdiction in conjunction with performing the Work of a Stagehand, shall be deemed to satisfy the Local Resident requirement of section III(B)(2)(a)(i)(C) after six (6) months, not two (2) years.

 

3.            "C" List

 

a. To be eligible for referral from the "C" List, an individual must satisfy the following criteria:

 

i. The individual must have no less than one-half of a Year of Experience performing the Work of a Stagehand in the territorial jurisdiction of Local 22 immediately prior to referral.

 

ii. As of January 1, 2005, the individual must receive a score of 85% or higher (prior to January 1, 2005, a score of 79% or higher is required) on both the written "C" Test and the practical "C" Test, which are designed to test an individual’s knowledge and skill in the industry commensurate with the level of skill reasonably expected of individuals seeking referral from the "C" List.  These tests will be offered twice annually.  The results will be announced within twenty-one (21) days of the date of the test.  An individual who has passed either the written and practical "A" Test or the written and practical "B" Test will automatically satisfy this criteria.

 

iii. The individual must be in a state of Good Conduct.

 

4.            "D" List

 

All other individuals wishing referral but who do not satisfy the other eligibility requirements of the "A," "B," or "C" Lists will be assigned to the "D" List.  To remain on the "D" List, an individual must be in a state of Good Conduct.  An individual may not remain on the "D" List for more than three (3) years from the date of his first referral without successfully completing the basic stagehand skills course offered by the Local 22 Training Fund. 

 

IV. REFERRAL PROCEDURES

 

A. Application

 

1. Individuals seeking employment through Local 22 must complete an Application for referral as prescribed by Local 22.  (A sample of such application is attached hereto as Exhibit A.)

 

2. If an individual does not receive a referral within ninety (90) days of the date of his Application, his Application will be deemed expired unless and until the Application has been reactivated.  If an individual receives a referral within ninety (90) days of filing an Application, his Application shall remain active. However, if he has not received a referral during any subsequent ninety (90) day period, he shall be required to reactivate his Application.  Reactivation may be made by advising the Union office in writing, by e-mail, or by telephone that the individual still wishes to be referred.  Any updates in information on the Application should be provided at that time. During periods of heavy employment, the Business Agent may solicit the activation of otherwise expired Applications or may seek applicants from any source.

 

3. Individuals possessing special skills, including but not limited to carpentry, electrical, rigging, sound, props, pyrotechnics, and audio-visual, who wish to be considered for referral to such specialty work, shall so designate their skills on the Application.  If requested by the Business Agent, individuals must provide proof of special skills.  It is incumbent upon individuals seeking referral to update their Application as necessary to reflect any special skill(s) they may possess.

 

4. Individuals are required to answer truthfully and completely all portions of the Application.  Falsification of an Application or submission of an incomplete Application is grounds for voiding an Application or, if the individual has already been referred, suspending or barring the individual from future referrals subject to the notice and hearing requirements of Article VI.

 

B. Initiation of Referral

 

Local 22 initiates the first telephone contact with an individual with regard to referral; the individual seeking referral may not initiate the first call for referral.  Once the first referral has been initiated by Local 22, individuals thereafter seeking referral shall utilize the Job Line, described in Section C, below.

 

C. Job Line

 

1. The Local 22 Job Line is a voice mailbox for all individuals participating in the referral system..

 

2. For purposes of referral, the workweek begins on Monday and ends on Sunday.

 

3. To receive work for the upcoming week, an individual must call the Job Line on Sunday after 8:00 a.m. to leave his availability for the upcoming week.  To do so, the individual must leave only his name and days of the week that he is available (i.e., the individual can and will accept work if called).  If that information changes during the work week, the individual must call the Job Line and provide correct information on his availability for the Business Agent.

 

4. Individuals must speak slowly and clearly and should not leave any extraneous information (e.g., telephone numbers, change of address, information for a different week) on the Job Line. Any extraneous information will not be recorded.

 

5. Referrals shall be made from those individuals who have recorded their names that week on the Job Line.  Individuals seeking referral must place their names on the Job Line by no later than noon on the day before a referral.

 

6. Individuals must advise the Business Agent at the time they call the Job Line of any callbacks they have received for the week.

 

D. Referrals and Retention Following Crew Reduction

 

1. The Business Agent will contact individuals seeking referral who have recorded their names on the Job Line.  Individuals seeking referral must contact the Job Line by no later than 6:00 p.m. on the day before the job call to be considered for the call. 

 

2. Individuals shall be entitled to referral from the highest Category of Referral for which they qualify.

 

3. Referrals shall be made from the "A" List, the "B" List, the "C" List and the "D" List, as described in Article III(B), above, as follows:

 

a. Individuals on the "A" List will be referred first.  When that List is exhausted, individuals on the "B" List will be referred. When that List is exhausted, individuals on the "C" List will be referred.  When that List is exhausted, individuals on the "D" List will be referred.

 

b. Within each List, the following order of referral shall be recognized:

 

i. Individuals with the necessary skills to perform the specific job who have been regularly employed for available jobs at the particular jobsite.  "Regularly employed" is defined as the most performances worked for the previous attraction.

 

ii. Individuals with the necessary skills to perform the specific job who have familiarity with the jobsite.  "Familiarity" is defined as the most hours worked in the past six months.

 

iii. Individuals who have the necessary skills to perform the specific job.

 

4. The following are recognized exceptions to the referral order set forth above:

 

a. The Union will honor employer call-by-name requests if the individual sought has a current referral application on file with the Union Office, and at the time of the request is registered for referral on the Job Line.

 

b. The Union will honor employer requests for special skills.  In that event, the Union will refer the first individual on the Referral Lists whose name is on the Job Line at the time the request who possesses the skill requested, as evidenced by the information on the individual’s Application.  The referral will be made starting first with the "A" List, and then, upon exhaustion of that List, moving through the "B", "C," and "D" Lists.

 

c. The Union will comply with any collectively bargained exceptions to these Referral Rules and Procedures.

       

5.  When there are reductions to the crew referred by the Local’s Business Agent, or his designee, retention of manpower shall be determined in the same manner as referrals are made under Sections 3 and 4, above.

 

E. Referral Fee

 

1. All individuals who receive referrals from Local 22 shall be required as a condition of referral to pay Local 22 a referral fee.

 

2. The fee shall be determined by the Local 22 Executive Board and the membership of Local 22 based on the cost of maintaining and administering the referral system.  Currently, the fee is 3.5% of an individual’s weekly gross pay.  Such fees must be paid no later than fifteen (15) days after the individual receives his pay for the applicable period.  The referral fee may change from time to time.  In such event, Local 22 shall notify individuals using the Referral Procedures of any changes.

 

V. REFERRAL RULES

 

A. "Replacement"

 

1. An individual who has accepted a job call but who needs to be replaced must notify the Business Agent directly no later than two (2) hours prior to call time. It is insufficient to notify the Local 22 Job Steward or other individual; it is also insufficient to leave a voice mail for the Business Agent.

 

2. Failure to call for a replacement can result in either a "Late" or a "No Show."

 

3. An individual is subject to replacement if he is fifteen (15) minutes or more late to the job call.

 

B. "Late"

 

1. An individual who has been referred to a call will receive a "Late" if he:

 

a. is "late" by five (5) minutes or more to the job call; or

 

b. fails to call the Business Agent for a replacement within two (2) hours of the start of the job.

 

2. An individual will be informed if a "Late" is being imposed.

 

3. An individual who is late must so notify the Business Agent.  The Steward must also so notify the Business Agent. If the Steward fails to report a "Late" or "No Show" violation, the Business Agent will impose a "Late" on both the Steward and the individual violating the rule.

 

4. If an individual accumulates three (3) "Lates" in a sixty (60) calendar day period, he will be considered "Excessively Late."  In such case, the Business Agent may warn, or suspend the individual from referral for up to seven (7) days.  An individual may appeal a suspension imposed by the Business Agent in accordance with the procedures set forth in Article VI(B).  Longer suspensions or other may also be imposed but will be referred in the first instance to the Local 22 Executive Board pursuant to Article VI(B) for action. 

 

5. Once an individual has been suspended, he will not have the right to return to the job on which he was working at the time of suspension except through a new referral.

 

C. "No Show"

 

1. An individual will be considered a "No Show" if he:

 

a. fails to notify the Business Agent that he needs to be replaced in accordance with the requirements set forth in Section A, above, and thereafter fails to report for any given call within two (2) hours of the call time; or

 

b. is referred and reports to work but quits the job call without permission of the Business Agent or the Employer.

 

2. If an individual is a “No-Show,” the Business Agent may suspend the individual from the referral for up to seven (7) days.  An individual may appeal a suspension imposed by the Business Agent in accordance with the procedures set forth in Article VI(B). Longer suspensions or other penalties may also be imposed but will be referred in the first instance to the Local 22 Executive Board pursuant to Article VI(B) for action. 

 

3. Once an individual has been suspended, he will not have the right to return to the job on which he was working at the time of suspension except through a new referral.

 

D. “Double Call”

 

1. Individuals who have accepted a referral for employment are obligated to fill that call barring an excuse justified by these Rules and Procedures or otherwise by the Local 22 Executive Board.  Individuals who accept a referral who fail to complete the referral because they have accepted other work not authorized by the Business Agent will be considered to have violated the “Double Call” rule. 

 

2. If an individual violates the “Double Call” rule, the Business Agent may warn, or suspend the individual from the referral for up to seven (7) days.  A