Official hiring hall rules of ILA Local 2078, Port Manatee. Questions? Call the hall at (813) 807-7006.
Section I – Enforcement of Hiring Hall Rules
These rules are intended to maintain order during the hiring process. There is to be no deviation from these rules after adoption. These hiring hall rules shall be enforced by the Local 2078 Executive Board and no discipline shall be imposed without a hearing before the Executive Board. However, no Local 2078 Executive Board member directly involved in the hiring process shall be involved in the decision to discipline any individual found guilty of violating these rules. Any alleged violation of these hiring hall rules shall be specified in writing, specifying the acts or conduct of which the individual is accused, within fifteen (15) days after the event giving rise to the charges and shall be filed with the Local 2078 Recording Secretary. The Recording Secretary shall promptly transmit a copy of the charges to the accused at their last known address, together with written notice of the time and place of the hearing thereon, which shall be held not less than five (5) days after the date of the notice. The accused may be represented by an individual of their own choosing. The Local 2078 Executive Board may reduce any of the disciplinary actions specified below based on mitigating factors.
Charges must be filed in good faith. Any individual found to have filed a maliciously false charge may, upon proper notice and hearing as set forth above, be suspended from use of the Hiring Hall for 7 days.
Section II – Hiring Hall Rules of Local 2078, ILA
The following rules shall be binding on all individuals who seek referral for employment through Local 2078’s hiring hall:
All hiring shall be done based on seniority.
No member or non-member shall interfere with any activity of an authorized officer, or representative, in the process or the act of doing his duty on a shape-up, ship, or at any other place or location, under the jurisdiction of the Local Union. Any person so interfering shall, upon conviction, be disciplined as follows:
1st Offense: That person will be fined $50.00 and suspended from that roll call. (must be paid before seeking a referral through the hiring hall)
2nd Offense: 3-day suspension from use of the hiring hall and a fine of $150.00. (must be paid before seeking a referral through the hiring hall)
3rd + Offense: 7-day suspension and a $250.00 fine (must be paid before seeking a referral through the hiring hall)
After the first bell is rung and the hiring process begins, all individuals seeking employment must remain silent. Disorderly conduct shall not be tolerated. Disorderly conduct is defined as any outburst, talking, or causing any other distraction that disrupts the hiring process. The hiring process includes the recording of names on the dispatch list. During this time, only the dispatcher and the headers shall be present in the office and all individuals using the hiring hall shall exit the building until fifteen (15) minutes before the start of the next hiring time. All accusations of disorderly conduct shall be heard by the Executive Board and the Board shall discipline any individual found guilty of disorderly conduct. The Executive Board shall consider the individual’s prior history of disorderly conduct within the hiring hall. Any individual found guilty of disorderly conduct shall be subject to the following discipline:
1st Offense: 7-day suspension from use of the hiring hall
2nd Offense: 30-day suspension from use of the hiring hall
3rd Offense or greater: 60-day suspension from use of the hiring hall
At the sound of the first bell, the shapeup shall commence. If an individual has any questions or complaints concerning a referral, before the second bell sounds, that individual must notify the dispatcher by raising their hand and the dispatcher shall discuss the matter with the individual. The second bell shall be rung five minutes after the first bell. If necessary, the dispatcher/business agent has the right to extend the check-on (time varies) to properly fill the gangs needed for the daily work order before the final bell is rung. No complaints shall be heard and no individuals in the gangs shall be changed after the sound of the second bell.
If the dispatcher makes an error regarding the number of individuals ordered, no compensation shall be paid to any affected individual by any employer or the local union.
If any individual, starting with the individual with the lowest seniority seeking work at the hiring hall, is certified to operate equipment such as a crane, top pick, gantry crane, yard dog, small or large lift and an individual is sought to fill a position that requires this certification, the individual must make himself or herself available for these positions before he or she may accept a position in another job category. An individual found guilty of violating this rule shall be subject to the following discipline:
1st offense: Suspension from using the hiring hall for 14 days
2nd offense: Suspension from using the hiring hall for 30 days
3rd + offense: Suspension from using the hiring hall for 60 days
If an individual is trained as a mechanic and a mechanic is needed to fill a position, the individual must make himself or herself available for the mechanic position before he or she may accept another job. An individual found guilty of violating this rule shall be subject to the following discipline:
1st offense: Suspension from using the hiring hall for 14 days
2nd offense: Suspension from using the hiring hall for 30 days
3rd + offense: Suspension from using the hiring hall for 60 days
If an individual works at least eight (8) hours during the day in the Port of Manatee, the individual shall not be permitted to use their seniority again before 12 am to obtain additional employment ahead of any individual who has seniority and has not worked at least eight (8) hours. This rule applies even if an individual works at least a total of 8 hours combined from employment obtained from referrals made during more than one shapeup. This rule shall not apply if there is a shortage of labor.
After the hiring is complete, before each gang leaves the hiring hall, each header shall give to the dispatcher the cards of the individuals in their gang in seniority order. The dispatcher shall create a list of individuals in each gang.
If an individual holds a regular (continuity/core) position, that individual may not use their seniority on the weekend or during a night shift to obtain additional employment in any craft. This rule shall apply regardless of whether the employer labels the individual’s position a “regular position”. If an individual has a continuity position and at least 40 hours of work during the Monday to Friday work week is unavailable because the warehouse or container yard is closed or because the employer did not call the continuity positions due to a reduction or lack of work, that individual is permitted to use their seniority to obtain a referral for employment through Local 2078’s hiring hall on the weekend or on a weekday when the warehouse or the container yard are closed. The individual shall only be permitted to use their seniority for the same number of days as the closure.
The use of abusive language towards the dispatcher, header, or anyone else during the hiring process shall not be tolerated. All accusations of such conduct shall be heard by the Executive Board and the Executive Board shall discipline any individual found guilty of using abusive language accordingly. When determining the discipline for an individual found guilty of using abusive language, the Executive Board shall consider the individual’s prior history of this type of behavior in the hiring hall. An individual found guilty of violating this rule shall be subject to the following discipline:
1st offense: Suspension from using the hiring hall for 7 days
2nd offense: Suspension from using the hiring hall for 14 days
3rd + offense: Suspension from using the hiring hall for 30 days
Damage to property within the hiring hall shall not be tolerated. All accusations of damage to property within the hiring hall shall be heard by the Executive Board and the Board shall discipline any individual found guilty of damaging property accordingly. When determining the discipline for an individual found guilty of damaging property, the Executive Board shall consider the individual’s prior history regarding the damage of property within the hiring hall. An individual found guilty of violating this rule shall be subject to the following discipline:
1st offense: Suspension from using the hiring hall for 7 days
2nd offense: Suspension from using the hiring hall for 14 days
3rd + offense: Suspension from using the hiring hall for 30 days
No individual shall be under the influence of illegal drugs or alcohol during the hiring process. All accusations of such influence shall be heard by the Executive Board and the Executive Board shall discipline any individual found guilty of such behavior accordingly. When determining the discipline for an individual found guilty of being under the influence of illegal drugs or alcohol, the Executive Board shall consider the individual’s prior history regarding the type of behavior within the hiring hall. An individual found guilty of violating this rule shall be subject to the following discipline:
1st offense: Suspension from using the hiring hall for 7 days
2nd offense: Suspension from using the hiring hall for 14 days
3rd + offense: Suspension from using the hiring hall for 30 days
Physical altercations between individuals seeking a referral through the hiring hall shall not be tolerated. Any individual found guilty of participating in a physical altercation shall be disciplined in accordance with the following penalties:
1st Offense: 30 days’ suspension from use of the hiring hall and $500.00 fine (must be paid before seeking a referral through the hiring hall)
2nd Offense: 90 days’ suspension from use of the hiring hall, $1,000.00 fine (must be paid before seeking a referral through the hiring hall), and anger management training (proof of completion must be provided before seeking a referral through the hiring hall).
3rd Offense: 1 year suspension from use of the hiring hall
4th Offense: Indefinite suspension from use of the hiring hall
No individual shall display a deadly weapon to frighten or assault. Any individual found guilty of violating this rule shall be disciplined as follows:
1st offense: 100 days’ suspension from use of the hiring hall
2nd offense: Indefinite suspension from use of hiring hall
No individual who accepts a job referral through the Local 2078 hiring hall may relinquish their position and offer it to another individual. All replacements must be sought through the Local 2078 dispatcher.
Any individual found violating this provision shall be disciplined by the Executive Board in accordance with the progressive penalties set forth below:
1st Offense: Suspension from the use of the hiring hall for the remainder of the day
2nd Offense: Suspension from the use of the hiring hall for 7 days
3rd Offense: Suspension from the use of the hiring hall for 14 days
No one who has accepted a referral through the hiring hall may relinquish that job before the start of the shift. An individual found guilty of violating this rule shall be subject to the following discipline:
1st offense: Suspension from using the hiring hall for 7 days
2nd offense: Suspension from using the hiring hall for 14 days
3rd + offense: Suspension from using the hiring hall for 30 days
Any individual may remove him or herself from a job assignment after the start of the shift if that assignment is not completed as long as the individual notifies the Local 2078 dispatcher by text or call with the time the employee left. If the individual leaves the job during meal break or prior to shift completion, the replacement MUST be on the job with the header’s approval before the individual leaves the Port. If the replacement does not arrive, the individual requesting to leave MUST continue working until the replacement arrives. If any worker removes himself or herself from the job assignment without giving proper notice, as stated above, that worker shall be brought before the Executive Board for discipline to be imposed as follows:
1st offense: 7 days’ suspension from use of the hiring hall
2nd offense: 14 days’ suspension from use of the hiring hall
3rd offense: 30 days’ suspension from use of the hiring hall
All individuals seeking referral for employment through the Local 2078 hiring hall shall use their credentials and shall not use any other person’s credentials. Any individual found guilty of violating this rule shall be disciplined as follows:
1st offense: 15 days’ off from the use of the hiring hall and a fine up to $250.00.
2nd or greater offense: 30 days’ suspension from the use of the hiring hall
No person shall sell jobs or accept bribes. Any person found guilty of such behavior shall be disciplined as follows:
1st offense: 60 days’ suspension from the use of the hiring hall
2nd or greater offense: 90 days’ suspension from the use of the hiring hall
Headers shall have the responsibility of selecting applicants on a daily basis and in a non-discriminatory manner. Each header shall give preference to available qualified applicants in the order of their seniority classification. Each header shall fill each job/gang in good faith.
When the Business Agent sends replacements, he or she shall start at the top of the seniority section referring to the call back list for any add-ons.
If a gang needs to be increased or if an individual needs to be replaced, the header or stevedore must contact the Dispatcher/Business Agent to supply the required personnel. No replacement shall be picked up on the docks, in any gang, unless the Business Agent has exhausted all other options to find replacements.
There will be no job preference unless it is skilled position such as: Crane Operator, RTG, Forklift Operator, Pallet Jack, Special Equipment Operator or Yard dog drivers. All other applicable selections shall be done solely by seniority, regardless of the location.
The header must retain all work cards until the gang has reported to work at the starting time for which they were hired and then the header must return the work cards to the individuals.
All persons hired through Local 2078’s hiring hall must check on and sign in with a valid work card. The fee to obtain a replacement work card if an individual misplaces their provided work card shall be $20.
All individuals who are referred for employment through Local 2078’s hiring hall shall pay to Local 2078 a service fee of 5% of the individual’s gross earnings for each hour paid. Any individual who fails to pay the service fee shall not be referred for employment until the owed amount has been paid.
When referring casuals for employment, an employee’s work experience in the industry shall be taken into consideration. A casual shall be defined as any individual who does not have seniority in the Port of Manatee..
Section III- Amendment of Hiring Hall Rules
To amend these hiring hall rules, a motion must be presented at a regular meeting of the membership. The motion then shall be posted in the union hall until the next membership meeting at which time the motion shall be discussed and voted on. The motion shall be adopted if a majority of the members present vote in favor of the amendment.