September 14, 2020

Dear UA Local 393 Sisters and Brothers:

Under Cal/OSHA when the Air Quality Index exceeds 150, employers are required to either send workers home and close down projects, or provide respirators permitting workers to continue to work.

Click here for the Cal/OSHA Emergency Regulation to Protect Outdoor Workers from Wildfire Smoke in Effect.

Complaints about workplace safety and health hazards can be filed confidentially with Cal/OSHA district offices. Employees with work-related questions or complaints may contact DIR’s Call Center in English or Spanish at 844-LABOR-DIR (844-522-6734).

In the event 393 members are sent home or projects are temporarily stopped, UA Local 393 expects that employees will receive pay in accordance with the Inclement Weather Conditions under Section 112 of the MLA.

112. REPORTING PAY – INCLEMENT WEATHER: An employee reporting for work at the regular starting time at a shop or job, and for whom no work is available due to weather conditions or other conditions beyond the control of the Contractor, will receive two (2) hours’ pay for reporting time. To be eligible to receive such reporting pay, the employee must check in at the job or shop at the regular starting time and remain there for two (2) hours. In order to qualify for the pay provided in this ARTICLE, the worker must remain on the job available for work and work if so instructed, during the period of time for which they received pay unless released sooner by the Contractor’s principal supervisor. After starting to work and work is stopped because of weather conditions, the worker shall receive pay for the actual time on the job, but in no event less than two (2) hours. The Contractor shall have sole responsibility to determine availability of work due to weather conditions. When the conditions set forth in this paragraph occur on overtime day or on shift work, the premium rate shall be paid.

If you feel you have not been paid properly after being sent home because the air quality index exceeds 150, please email me with the specific information and a phone number so we can have an agent contact you.

In Solidarity,

Steve Flores
Business Manager