OCA Begins Labor Contract Negotiations
OCA’s Labor Relations Division has begun negotiations to renew 5 of its 6 Union Heavy Highway Agreements in 2016. Negotiations have begun and will continue with the Laborers, Carpenters, Cement Masons and Teamsters (Statewide, and Local 436 Cleveland Addendum) throughout the month of April.
All of the above agreements expire on April 30, 2016, and we hope to have new agreements in place by that date. OCA will keep the membership updated as negotiations progress, and we hope to have the new wage and benefit packages posted on OCA’s website as soon possible after the contracts are finalized.
If you have any questions or comments, please contact Mark Potnick in the OCA office.
Silica Rule Prompts Rush of Federal Court Petitions
The new Labor Department Occupational Safety and Health Administration's final silica rule is facing numerous court challenges as major industry groups and unions filed petitions for review with at least four federal appeals courts.
The rush of petitions for review came as the 10-day window to file requests closed April 4. The deluge was expected, as the rule (81 Fed. Reg. 16,285) cutting exposure limits for respirable crystalline silica by up to 80 percent is widely opposed by industry groups (62 CLR 116, 3/31/16).
Unions strongly support the rule and believe some provisions such as medical surveillance requirements could be toughened.
None of the requests explain which provisions the petitioners want judges to review. Briefs detailing petitioners' concerns don't have to be filed for several weeks.
The AFL-CIO, the United Steelworkers and the United Auto Workers asked the U.S. Court of Appeals for the Third Circuit to consider the rule (AFL-CIO v. OSHA, 3d Cir., No. 16-1774, petition for review 4/1/16). North America's Building Trades Unions made its request with the District of Columbia Circuit (N. Am.'s Bldg. Trades Unions v. OSHA, D.C. Cir., No. 16-1326, petition for review 4/1/16).
Chris Trahan, a safety and health specialist with NABTU, stated that the construction workers coalition believes the rule's medical surveillance requirements for construction can be improved. For construction workers, the rule says, employers must offer medical surveillance, including a baseline medical examination, when a worker is expected to be required by the same employer to wear a respirator for at least 30 days out of a year.
NABTU wants the 30-day trigger dropped and replaced with a trigger of working in areas where the permissible exposure limit (PEL) of 50 micrograms per cubic meter of air is exceeded.
The respirator-use trigger could continue to work as a proxy for presumed overexposures for employers using the rule's guidance for limiting silica, called Table 1, Trahan said. Under this measure, medical surveillance would be offered if the exposure was as short as one day. To read this article in its entirety, click here.
Final Acceptance of ODOT Projects
Proj. #
|
Company Name
|
District
|
Date
|
86(13)
|
Sunesis Construction Co.
|
CLE
|
3-18-16
|
531(13)
|
Complete General Construction
|
D01
|
3-01-16
|
534(13)
|
Eagle Bridge Company
|
AUG
|
3-23-16
|
1047(13)
|
Tom Mayle & Sons Construction
|
D10
|
3-10-16
|
10(14)
|
Shelly & Sands, Inc.
|
D11
|
2-12-16
|
284(14)
|
Shelly & Sands, Inc.
|
MOE
|
3-10-16
|
311(14)
|
Shelly & Sands, Inc.
|
JAC
|
2-24-16
|
346(14)
|
John R. Jurgensen Co.
|
HAM
|
3-07-16
|
391(14)
|
Shelly & Sands, Inc.
|
MOE
|
3-10-16
|
476(14)
|
Barrett Paving Materials
|
HAM
|
3-14-16
|
478(14)
|
Coopers Excavating LLC
|
HIG
|
2-24-16
|
496(14)
|
Shelly Company
|
MUS/LIC
|
3-08-16
|
515(14)
|
Dura Mark Inc.
|
D11
|
2-26-16
|
550(14)
|
Ohio Bridge Corporation
|
SCI
|
3-18-16
|
568(14)
|
Dot Construction Corp.
|
PER
|
2-24-16
|
572(14)
|
Alan Stone Company
|
ROS
|
3-03-16
|
584(14)
|
Jutte Excavating, Inc.
|
SHE
|
3-01-16
|
588(14)
|
Walls Bros. Asphalt Co., Inc.
|
MIA
|
2-03-16
|
1084(14)
|
A & A Safety, Inc.
|
D09
|
2-23-16
|
8030(14)
|
John R. Jurgensen Co.
|
HAM
|
3-28-16
|
8(15)
|
Shelly & Sands, Inc.
|
DISTRICT WIDE
|
3-10-16
|
46(15)
|
Eagle Bridge Company
|
MIA
|
3-21-16
|
58(15)
|
Shelly Company
|
ATH/MEG
|
3-10-16
|
62(15)
|
Buds, Inc.
|
CLA/DAR
|
2-03-16
|
68(15)
|
Eagle Bridge Company
|
HIG
|
3-02-16
|
111(15)
|
Alan Stone Company
|
LAW
|
2-24-16
|
117(15)
|
John R. Jurgensen Co.
|
WAR
|
3-09-16
|
124(15)
|
Shelly Company
|
LIC/KNO
|
3-07-16
|
146(15)
|
Shelly Company
|
PER
|
3-04-16
|
164(15)
|
Mountaineer Contractors
|
MUS
|
3-14-16
|
189(15)
|
Shelly Company
|
MEG
|
3-10-16
|
200(15)
|
Aero-Mark, Inc.
|
D07
|
3-21-16
|
208(15)
|
Allard Excavation LLC
|
SCI
|
3-24-16
|
215(15)
|
A & B Asphalt Corp.
|
GRE
|
3-14-16
|
219(15)
|
Elex, Inc.
|
HAM
|
3-10-16
|
229(15)
|
Shelly & Sands, Inc.
|
MRG
|
3-10-16
|
230(15)
|
Double Z Construction Co.
|
MUS
|
3-23-16
|
231(15)
|
Shelly & Sands, Inc.
|
MUS/GUE
|
3-28-16
|
251(15)
|
Buds, Inc.
|
BRO
|
3-17-16
|
267(15)
|
Barrett Paving Materials
|
HAM
|
3-22-16
|
289(15)
|
Cox Paving LLC
|
CLI/GRE/WAR
|
3-09-16
|
346(15)
|
Brumbaugh Construction, Inc.
|
MIA
|
3-23-16
|
349(15)
|
Buds, Inc.
|
PER
|
3-24-16
|
372(15)
|
Shelly Company
|
CLA
|
3-03-16
|
456(15)
|
Prus Construction Co.
|
HAM
|
2-25-16
|
1000(15)
|
D.G.M., Incorporated
|
LAW
|
2-24-16
|
1013(15)
|
Shelly & Sands, Inc.
|
JAC
|
3-07-16
|
3002(15)
|
John R. Jurgensen Co.
|
BUT/CLE
|
3-02-16
|
7010(15)
|
Marucci & Gaffney Excavating Co.
|
D11
|
2-09-16
|
8011(15)
|
Allard Excavation, LLC
|
JAC
|
3-10-16
|
8016(15)
|
Walls Bros. Asphalt co., Inc.
|
MIA
|
2-23-16
|
1027(14)
|
Linkel Company
|
D08
|
2-09-16
|
|