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Laborers
Get Disputed Cleveland Project Work Over Carpenters
Structural and concrete work at
a Cleveland sewage pump station project belonged to employees represented
by a Laborers’ International Union of North America local, not a Carpenters
and Joiners of America affiliate, the National Labor Relations Board
decided (Laborers’ Local 860 (Headlands Contracting & Tunneling, Inc.).
Project subcontractor Headlands Contracting & Tunneling Inc. charged
Laborers Local 860 with violating the National Labor Relations Act by
threatening to strike if Headlands assigned structural and concrete work to
employees represented by the Indiana/Kentucky/Ohio Regional Council of
Carpenters. An NLRB panel addressed the jurisdictional dispute under NLRA
Section 10(k).
All relevant factors supported a finding that Laborers-represented
employees were entitled to the work, the panel concluded Aug. 24. The case
is one in which both unions involved had collective bargaining agreements
with the contractor assigning the work. But, notably, the CBA between
Headlands and the Carpenters wasn't introduced into evidence, meaning the
NLRB couldn't establish whether the work fell within the CBA's scope.
The panel consisted of NLRB Chairman Mark Gaston Pearce and Members Philip
A. Miscimarra and Lauren McFerran. Building the Easterly Tunnel Dewatering
Pump Station, located 240 feet underground, was part of a larger Northeast
Ohio Regional Sewer District project to reduce the amount of untreated
wastewater flowing into Lake Erie every year.
In August 2012, the pump station project's general contractor, Walsh
Construction Co., told Headlands that the Carpenters had been pressuring
Walsh to use Carpenters-represented employees. If Headlands hired some of
those employees, Walsh said, what had become a “public relations problem”
for the general contractor would go away. Headlands relayed this
conversation to the Laborers, which threatened to strike if any structure
work went to the Carpenters.
The CBA between Headlands and the Laborers specifically covered “water
treatment facilities construction” and “pumping stations,” which clearly
applied to the disputed work, the NLRB found. As for other relevant
factors, Headlands’ owner testified that his company has always assigned
structural concrete work to Laborers-represented employees and prefers to
continue doing so, and that the area and industry practice is for those
employees to do such work. He also testified that Laborers-represented
employees have the necessary skills and training and would perform all
tasks associated with the work, while Carpenters-represented employees
would only perform some of those tasks.
Two-Thirds
of Firms Report Craft Worker Hiring Difficulties
A majority of construction firms
are “finding no one in the dugout” as they struggle to hire qualified craft
workers, an Associated General Contractors of America spokesman said. Of
1,459 contractors that responded to an industry-wide survey recently released by AGC, 69 percent said they
are having difficulty filling hourly craft positions.
Two reasons for so many firms’ hiring difficulties are the construction
industry's status as the “first to lay off and first to hire” as the recent
recession came and went, as well as an aging overall workforce that is
retiring at a steady pace, AGC spokesman Brian Turmail said. He also
pointed to a substantial reduction in vocational training at the grade
school level over the past few decades. “As a result, you go through high
school, and you're never even told that construction is a career path to
consider,” he said.
To make the industry more attractive to students, AGC is advocating for
more funding and flexibility under the Perkins Vocational and Technical
Education Act, Turmail said. The association is pushing for state and local
officials to make it easier to set up charter schools and career academies
within high schools that teach construction skills, he said.
On Aug. 31, the same day AGC released the survey results, it also issued an
analysis of federal construction employment data.
Between July 2015 and July 2016, construction employment expanded in 239 of
the 358 metro areas that AGC tracks, the analysis found. “We do wonder, if
there weren't as many workforce shortages, both how many more metro areas
would have added construction jobs and also how many more construction jobs
would have been added in metro areas where demand is growing,” Turmail
said.
Firms won't bid on projects if they don't have enough workers, Turmail
said. The reduction in bidding competition, as well as project delays and
slowdowns that can result from worker shortages, drive up costs, he said.
A lot of construction is an indicator of economic activity, Turmail noted.
A growing economy translates into increased demand for construction
projects, from shopping centers to office buildings to warehousing and
manufacturing facilities, he said. Of concern to industry officials is the
economic effect of contractors’ inability to meet this demand. “If they
can't, then the reverse happens and you actually unintentionally act as a
brake on broader economic growth,” Turmail said. “That's our worry.”
Northeast
Ohio Safety Expo
The 2016 NE Ohio Safety Expo,
co-sponsored this year by BWC’s Youngstown Service Office and Trumbull
Career & Technical Center (TCTC), offers exceptional educational
opportunities for your safety and health program, continuing education and
discount program credits and a variety of local and regional exhibitors.
Click here for the registration form.
Conference details:
• Friday, October 14, 2016
• Trumbull Career & Technical Center, 528 Educational Highway, Warren
OH 44483
• Conference schedule:
o Registration 7 to 8 a.m.
o Educational sessions will run from 8:00 a.m. to 3:30 p.m.
o Lunch is 11:30 a.m. to 12:30 p.m.
• Conference fee of $30.00 includes continental breakfast and a box lunch
Educational session information is attached along with the form to be
completed and returned to TCTC. For general questions on educational
sessions or exhibitors contact David Costantino at 330-301-5825 or email at
[email protected].
For registration or payment contact Mary Kay Papas at 330-847-0503 or email
at [email protected]
Hall of Fame Nominations and
Distinguished Service Award Nominations - Deadline September 23!
In recognition of outstanding
service within the heavy/highway industry and our association, nominations
are being accepted for the following professionals:
• Hall of Fame (contractor members)
• Distinguished Service Award (associate members) Requests for nominations are
solicited through chapter meetings and newsletters.
Nominated candidates must meet the following requirements before being
listed for election:
a) Must have 20 years of service to the construction industry.
b) Active with OCA at least 15 years, serving at least 15 years on OCA’s
statewide committees.
c) Candidates should have contributed significantly toward the stated goals
and purposes of the Ohio Contractors Association.
Candidates must be nominated by an OCA member. No more than two may be
elected to the Hall of Fame and one elected for the Distinguished Service
Award each year. A secret ballot will be used to select nominees. Awards
will be presented at the OCA Winter Conference. Deadline for nomination is
September 23, 2016.
Please submit your nomination to Rachel Sirca at [email protected].
Past Presidents Service Award
Nominations - Deadline September 23!
The Past Presidents of OCA have
established an annual award, “The Past Presidents’ Service Award,” that
stands for recognition of outstanding service for or on behalf of OCA. Its
purpose is to encourage OCA members to contribute more service for the
association throughout the year and reward them for doing so. This award
will be presented at the OCA Winter Conference.
The award includes $500 to be shared equally by those elected, as well as a
plaque, supplied by the Past Presidents. Any candidate must be affiliated
with an OCA member in good standing. He or she must have contributed some
extraordinary service for the association during the year. Any, and every,
OCA member is eligible. OCA staff members are not eligible. Any OCA member
may submit a name to be considered.
All persons to be considered will be rated by all Past Chairpersons on a
scale of 1 to 5, with 5 being the highest rating. The person receiving the
most points will receive the award. OCA will be responsible for
distributing the names and resumes to the Past Chairpersons and collecting
and tabulating the ratings of the nominees. Deadline for nominations is
September 23, 2016.
Please submit your nomination to Rachel Sirca at [email protected].
Winter
Conference Date Reminder
This year’s OCA Annual Winter
Conference will be held on December 12 and 13. On December 12, exhibitors
will be presenting their products and services, and there will be ongoing
technical and informational sessions throughout the day followed by our
cocktail reception and casino. The annual business meeting and awards
banquet will take place on the 13th. We will be at the Hyatt Regency in
downtown Columbus. The exhibitor brochures have been mailed. We will be
mailing the attendee invitations later in September. Contact Rachel Sirca
or Emily Pickens with questions. Mark your calendars! This is our highest
attended event of the year, packed with relevant industry-specific session
topics and plenty of opportunity to network.
Lost in All the Rome
Information?
The Rome invitation and
excursion package had a lot of information. Contact Rachel Sirca with any
questions you may have regarding excursions, the hotel, or any logistics.
Many members have already called with some really good questions, or just
to talk about what they would like to do. Calls and visits are welcome!
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