Professional Documents
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OF
CARPENTERS
AND
JOINERS
OF
AMERICA
MICHAEL R. BILELLO
Executive Secretary-Treasurer
395 HUDSON STREET 9TH FLOOR NEW YORK, NEW YORK 10014 PHONE: (212) 366 7500 FAX: (212) 675 3118
WILLIAM S. LEBO
President
MICHAEL P. CAVANAUGH
Vice President
www.nycdistrictcouncil.com
steward or charging Council Representative or Council Manager participate in the matter. After conducting a fair hearing pursuant to these procedures, the Executive Committee will deliberate in executive session. After deliberating, the Executive Committee may exonerate the steward, issue a letter of reprimand, require that the steward receive specified additional training or suspend the members steward skill for a period of time commensurate with its finding and within the sentencing guidelines for disciplinary measures set forth herein. Final decisions of the Executive Committee regarding the review shall then be reported to the member, the EST and the administrative committee for the review program. 2.1 Procedures at the Steward Skill Review Hearing: A stenographic record of all steward review hearings conducted by the Executive Committee shall be made and maintained by the EST. All steward review hearings must be conducted according to the procedural rules set forth herein. A steward under review and the Council Representative or other charging party shall have the right to testify, submit evidence and also call and cross-examine witnesses. No persons other than members of the New York City District Council of Carpenters shall be permitted to conduct or participate in the hearing and proper decorum shall be maintained at all times. The President or his designee will chair the hearing and read the complaint against the steward. If the steward admits the complaint is accurate, the Executive Committee shall inquire whether the steward has anything to say in his/her defense and proceed with its deliberations. If the steward denies the complaint, the Executive Committee shall proceed to a hearing on the matter. If the steward fails to appear, the hearing shall proceed as if he/she was present. If sufficient evidence is not presented to support the charges, the complaint shall be dismissed by a majority vote of the Executive Committee members attending the hearing. After the parties have had a fair opportunity to present evidence in conformance with the procedural rules herein, the Executive Committee will deliberate, make their findings and determine any penalty by majority vote in executive session. The Executive Committee will then report their findings and penalty, in writing, to the EST and the administrative committee. The steward and complaining party shall be notified in writing within three (3) business days of the decision of the Executive Committee. 2.2 Appeals of Decisions of the Executive Committee: A steward may appeal decisions of the Executive Committee by submitting such appeal, in writing, to the EST within seven (7) days of the date of the notice of decision from the Executive Committee. The EST shall have authority to consider and determine all appeals. Upon considering such appeal, the factual findings of the Executive Committee shall be binding. The stewards written submission on the issue of the appropriate penalty shall be submitted to the EST, who, upon considering the submission of the steward, may modify the recommended penalty. Any decision of the EST shall be final and binding. 2.3 Effective Date of Penalties: Penalties imposed by the Executive Committee which are reviewed by the EST shall become effective upon the later of (a) the members failure to file an appeal within the seven (7) days provided, or (b) the ESTs final determination of such appeal. All decisions shall be mailed to the member. 3.0 Periodic Review of Steward Review Hearings: The EST or his designees shall periodically review hearings held under this policy to determine if, (a) the hearing procedures are being properly followed, and (b) the Executive Committee findings and penalties have been fairly, reasonably, and consistently imposed to eliminate disparity in outcomes of review proceedings. 3.1 Amendments: Any and all recommended changes to this policy and incorporated rules must be submitted to the Executive Committee and may only be implemented subject to the approval of the Council Delegate Body and during his tenure, the Review Officer.
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Intoxication at jobsite 1st Occurrence-Immediate removal/suspension of SS skill pending SS review and $250 fine. 2nd Occurrence-Immediate removal/suspension of SS skill pending SS review. Three (3) to six (6) month suspension of SS skill and mandatory retraining, including completion of certified alcohol/substance abuse program. 3rd Occurrence-Immediate removal from jobsite/suspension of SS skill pending SS review. Permanent removal of SS skill. Failure to enforce provisions of Collective Bargaining Agreement1 1st Occurrence- $250 fine. 2nd Occurrence-Immediate removal from jobsite/suspension of SS skill pending SS review. One (1) to three (3) month suspension of SS skill and $500 fine. 3rd Occurrence-Permanent removal of SS skill. Smoking on jobsite in order to be removed from job 1st Occurrence-$500 fine. 2nd Occurrence-One (1) to three (3) month suspension of SS skill and $1,000 fine. 3rd Occurrence-Permanent removal of SS skill. Failure to complete job without due cause (OWL Section 32) 1st Occurrence-$250 fine and designation to bottom of OWL. 2nd Occurrence- One (1) to three (3) month suspension of SS skill and $500 fine. 3rd Occurrence-Permanent removal of SS skill. Vandalism or theft from jobsite Permanent removal of SS skill. Failure to cooperate with the Inspector Generals investigation Immediate removal from jobsite/suspension of SS skill pending SS review or full cooperation.
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Collective Bargaining violations include but are not limited to: failing to protect jurisdiction and enforce safety regulations, working through lunch, omitting mandatory breaks, and allowing members to work while wage and benefits are delinquent.
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