Please note this letter sent to clra via email re hiring. For CLR Rep Chris Mydske's response scroll to bottom.
Despite my repeatedly bring the issue up with both you and your signatory contractors, there continues to be an ongoing and serious failure of these contractors to send us name requests lists prior to their employment on any project in British Columbia. Clause 11.102 clearly states that “All employees must be a member in good standing of the Union. Employees shall present a clearance slip to the job steward prior to commencement of work, and such clearance shall include confirmation of the Employee’s membership status.”
To be clear, our collective agreement requires that all employees must be members of this Local, as opposed to a Local from another province, and must be cleared prior to starting work. All non-members of the Union (IUBAC Local #2 BC) are outside of the scope of hiring in the Bricklayers Standard Industrial Agreement.
On occasion, and when necessary, we have been very flexible with enabling non members to work when the situations such as lack of union workforce available or specialty crews required, warranted the enabling of non members.
However, it is clear this flexibility is being taken advantage of, and your contractors are openly breaching the collective agreement by bringing in out-of-province bricklayers without first clearing it with me.
This email is to notify the CLR and its signatory contractors that all future breaches of Clauses 11.101 and 11.102 will be met with grievances. If your contractors fail to send name request lists of hires to the union hall or me, prior to an employee starting, such that a prospective employee can present a clearance slip from the Local to the job steward, then said contractors will be considered to be in non-compliance with the agreement. As remedy for such breaches we will seek damages equivalent to every hour worked (Blouin Drywall
Additionally, until we have full compliance with this, I do not anticipate looking favourably on any request to employ non-members of the Local (this would include out-of-province members of the IU).
Finally, any supervision brought to the job are management only and are not allowed to touch the tools or enter the vessels other than to inspect the work. Foremen are required to be members of the Local. We will not enable any out-of-province foremen.
Again to reiterate, Employers must provide us with name requests (which may only include members of this Local) in advance of the start of a job, in order that clearance slips can be provided. If this procedure is followed, and there remain supply issues, then, and only then, will the Local consider enabling the Agreement to allow for out-of-province members of the IU to be employed. Supervision above the level of foremen are not allowed on the tools. Any future disregard of these provisions of the Standard Agreement shall be met with grievances and damage claims for equivalent wages and benefits.
I request that you apprise each of your contractors of the Local’s position and I sincerely hope compliance shall follow.
Geoff, as we discussed the other day I don't believe that you have ever brought this issue to my attention before. You certainly haven't brought it to my attention repeatedly as you state below. Regardless, I will send a communication to the signatory contractors reminding them of their obligations under the Collective Agreement. Thanks. Chris