NECA Continues to Promote a PLA
By Jim Ryan, AGCSD Executive Vice President  

On July 23^rd, I wrote an article in Monday Morning Quarterback concerning the efforts of the San Diego Chapter of the National Electrical Contractor’s Association (NECA) to convince the Sweetwater Union High School District’s School Board to adopt a union-only Project Labor Agreement (PLA) for the $1 billion Proposition O program that was approved by voters last November.  I alleged that NECA and their Executive Manager, Andy Berg, were leading this effort.

On July 24^th, a letter was sent to Thomas Hedges, NECA’s Chapter President, and NECA’s Board of Directors that was signed by over 60 AGC General Contractors and members of the AGC San Diego Board of Directors.  The letter asked NECA to:

1. Cease and desist from promoting the PLA on the Sweetwater Projects

2. Write a letter withdrawing NECA’s support of the PLA.

3. Require Mr. Berg to resign from the Sweetwater District’s Proposition O Oversight Committee, which oversees the expenditures of the Prop O funds.

On August 6^th, AGC received a letter addressed to the AGC Board and to the General Contractors that signed the July 24^th letter.  The letter was short…but not to the point!

On Wednesday, August 8^th, I sent an email to Mr. Hedges and to Mr. Berg.  The email follows….. 

Tom, we are in receipt of the August 6^th letter from NECA. Since NECA’s activity concerning the Sweetwater PLA was not addressed,  I assume that it would be accurate to report to the AGC Board and to our GCs that NECA does support a PLA on the Sweetwater Projects and is involved in promoting the PLA on these projects.  I also assume that it is NECA’s intent to continue this activity.  I intend to address this issue in next Monday’s Monday Morning Quarterback which is distributed to over 2000 firms in San Diego and surrounding areas. 

If  these assumptions are not correct,  please let me know.  MMQB will be written this weekend.   

No response was received.  On Friday August 10^th , Brad Barnum contacted Mr. Berg by cell phone.  Mr. Berg was asked if he and Mr. Hedges had received the email.  He replied that they had received the email.  He also indicated that the letter detailed above was their response. 

Well….it seems the only conclusion that logically can be reached is that the San Diego Chapter of NECA…a management organization, is promoting a PLA on the Sweetwater projects.  We assume the NECA Board understands that if they are successful in convincing the Sweetwater Board to adopt the union-only PLA, that many of their customers in the industry will not be able to participate on these project.

NECA members are working every day on a multitude of projects for GC’s that are not signatory.  It is not uncommon for NECA contractors to team up with the non-signatory contractors on a variety of very complex projects. We assume this means that they are convinced these GCs are well qualified and could certainly complete successfully projects for Sweetwater.   

So…..here is an offer to the NECA Board.  Give me a call…(858) 731-8160, or email me at jryan@agcsd.org, and I will organize a face-to-face meeting between your Board and several general contractors that would not be able to participate on the Sweetwater projects if the PLA is implemented.  Then you can explain directly to them why the PLA is such a good idea.

 

The Indeck Decision…..PLAs Take A Major Hit!!!
By Jim Ryan, AGC Executive Vice President 

The National Labor Relations Board issued the long awaited Indeck decision on July 31^st….and it is a “blockbuster.”  Indeck has been sitting at the NLRB for 11 long years…..many of us thought it would never be decided.

So what is all of the excitement about?

Indeck is an energy /power plant firm in New York State.  In the early 1990’s, they announced they were going to build several very large co-generation plants in the state.  The building trades in New York thought union-only project labor agreements on these projects were critical.  Without going into all of the details, in order to “encourage” Indeck to accept the PLAs, they filed objections to the Indeck’s environmental impact statements (Sound familiar?)… and guess what…..the unions made it clear that these objections could go away if Indeck use only union labor on the project.

Well, Indeck sent the unions a letter stating it had instructed its project manager to negotiate a PLA which it did….but after a falling out with the original project manager…..Indeck moved forward with another project manager who ignored the PLA.  The unions filed unfair labor practice charges and a lawsuit for damages because a number of non-union subcontracting firms were used on the project. The lawsuit sat for 11 years waiting for the NLRB issued a decision.

The decision…….the NLRB determined that the Great Falls New York Building and Construction Trades Council violated the National Labor Relations Act because they knew that Indeck was not a construction firm and was not going to employ construction workers on the project. It also concluded that the real reason Indeck signed the agreement was to secure regulatory approval for the project…to get the unions to relax their objections to the environmental impact statements. 

So what does this mean for San Diego? Well, let’s use the Gaylord Project as an example.  If Gaylord would agree to a PLA on that project, anyone could file an unfair labor practice charge against Gaylord and the unions. Since Gaylord is not an employer in the construction industry, and would most likely agree to use a PLA to get rid of union regulatory objections, it is likely that the NLRB would find that their actions constitute an unfair labor practice.  The Indeck decision raises the additional possibility the PLA would violate the anti-trust laws.  If so, firms passed over because they were not signatory could sue for damages.

Bottom line……at least for the foreseeable future, Project Labor Agreements will be challenged…with a new and powerful tool.

 

Meeting to Discuss New Diesel Emissions Regulations – August 29, 10 AM

 As you may know, the California Air Resources Board has passed onerous diesel emission regulations that will raise havoc within the construction industry and will hurt the rebuilding efforts of California’s infrastructure. 

On Wednesday, August 29, from 10:00 – 11:30 AM, AGC will host a meeting to discuss the new regulations, detail the problems these complex regulations pose to the construction industry, and suggest compliance options.

Please consider attending this very important meeting.  A registration flyer is attached.   Simply fill it out and fax it back to the AGC.  There is no charge to attend!

Mike Buckantz of Justice & Associates will lead us through the new regulations and how they will impact contractors and the construction industry.   One thing is for sure, we can expect to see escalating construction costs, and less funding for badly needed projects throughout the state.

It should be noted that there is an upcoming 15-day written comment period for stakeholders on the final rules, which will go into effect January 2009, with full implementation by 2010.   The requirements and deadlines vary depending on fleet size.  For small fleets, which include businesses and municipalities with a combined horsepower of 2500 or less (local municipality fleets located in low population counties are small fleets regardless of horsepower), implementation does not begin until 2015.  Medium fleets, with 2501 to 5000 horsepower, have until 2013.  Large fleets, with over 5000 horsepower, must begin complying in 2010.  All fleets must submit an initial report of their equipment in 2009.

Affected vehicles include bulldozers, loaders, backhoes and forklifts, as well as many other self-propelled off-road diesel vehicles.

We hope you are able to attend on Wednesday, August 29 at 10 AM.  If you have any questions, please e-mail Brad Barnum at bbarnum@agcsd.org or call him at 858-731-8158.

 

Governor Appoints Director for Department of Industrial Relations

Last week, Governor Schwarzenegger made a long overdue appointment to the California Department of Industrial Relations (DIR), which oversees the state’s labor and employment issues.  DIR has not had a permanent Director since the Gray Davis Administration!

John Duncan has been appointed as the Director, and he will take over for John Rea, who was Acting Director.  Rea will become the Legal Counsel for the State’s Labor and Workforce Development Agency.

Duncan has served as a member and chair of the Public Employment Relations Board since 2004, overseeing the administration of the state’s collective bargaining statutes covering employees in the state of California.  He previously served as DIR’s Director of Communications, Chief Deputy, and Director between 1991 and 1999.

From 2001 to 2004, he was president of Duncan Consulting, where he designed communications strategies for corporate, legal and government clients and specialized in navigating labor-related regulatory issues.  Duncan previously was president and chief operating officer of Magnitude Information Systems, a company specializing in software and internet solutions for preventing workplace injuries, from 1999 to 2001. 

Prior to joining state service, Duncan was special assistant to the former U.S. Secretary of Defense Caspar Weinberger, assistant to the secretary at the U.S. Department of Defense, and special assistant to the deputy assistant secretary of defense for International Security Affairs.

Duncan, 49, of Tiburon, graduated from UC Berkeley with a Bachelor of Arts degree in history and from Harvard University’s John F. Kennedy School of Government with a Masters degree in public administration.  He is currently a board member of the California Conservation Corps Foundation and the Yosemite National Institutes as well as is former chair of the California Employment Training Panel.  This position requires State Senate confirmation and the compensation is $142,965.   He is a Republican.

 

New Format for AGC’s Daily Construction Reporter

This is the second week for the new format for AGC’s Daily Construction Reporter bidding information publication that is part of all AGC memberships.  Our plan room staff worked with the printers to create a much easier to read and user friendly format that has been receiving great reviews by regular users of the publication. 

The format size has been reduced to a 7”x11” format that is bound.  This replaces the 13”x11” format that had been in place for several years. Because our project coverage has been increasing dramatically during the past several months, the new size will make accommodating growth much easier. 

This week there are 165 commercial/highway projects featured and 943 permits and plan checks.  As our coverage expands, this format will allow us to keep the projects in one easy to read document.  The old format required dividing the projects into three separate sections. The format change was headed by Jessica Kovack, AGC’s Director of Plan Room Services.

 

AGC of America’s Leadership in Construction Workshop- Sept. 12-14^th in San Diego

AGC of America’s outstanding leadership seminar “Leadership in Construction Workshop” will be held at the AGC San Diego office on September 12-14.  This seminar has been receiving accolades throughout the nation, and the program is nearly sold out!  Only six more spaces remain for this 3-day workshop.

This workshop is designed and instructed by Constructors, for Constructors.  Through a series of personal assessments, group exercises, case studies, and interactive instruction, participants will:

• Identify key leadership concepts.

• Complete a series of personal assessment instruments, including a 360-degree feedback evaluation, to discover leadership styles.

• Apply leadership principles to the construction industry.

• Explore the difference between leadership and management.

• Learn an effective model for conflict resolution.

• Map an action plan for continued professional growth.

• Develop strategies for dealing with members of a project team.

This is a great opportunity for all individuals in the construction industry who direct or influence other personnel to meet project goals.  Hear the best practices being used by your peers facing similar situations, and gain fresh insights and new ideas from the highest quality instructors who have years of industry and leadership experience.

Please contact Becky Koury at AGC in Virginia. Her email is kouryr@agc.org or call (703) 837-5317 for more information.  click here for brochure.

 

Affiliate Day 2007

AGC’s Annual Affiliate Day was held last Monday, August 6^th. It was an outstanding success.  A special Wednesday Morning Quarterback will be issued this week detailing winners, sponsors, etc.

 

AGC Summer Mixer- August 16^th – THIS THURSDAY!

AGC staff and members commented that the AGC patio would be a great summer venue for a Mixer; therefore, we are pleased to introduce our brand new member, Zumasys who will be hosting the Mixer on August 16^th at the AGC. Zumasys located in Lake Forest, recently appeared on Computer Reseller News’ list of the 100 fastest growing IT solutions in the United States.

These mixers have turned into a popular event offering AGC members the opportunity to mingle with business associates and gain new contacts.   CLICK HERE FOR REGISTRATION FORM. Pre-registration is required. 

 

Announcing the AGC Annual Softball Tournament

Registration forms are now available for the annual AGC Softball Tournament, scheduled for Saturday, September 15 at the SportsPlex USA in Poway.

It's time once again to get your teams together and start practicing!  Last year we had 21 teams participate and it was a full day of friendly competition.

For information on rules and regulations, and to register your team, please click here for registration.

You can also contact Rae Krushensky at 858-731-8157 with any questions.

 

Promoting Your Company is as easy as A-G-C…

Increase your own website’s exposure. Link your website to San Diego AGC’s website for an entire year for only $60.

 

It is AGC’s motto: “It’s Good Business to do Business with an AGC Member.”  Click here for a web link registration form. Your website will be “linked” and up and running as soon as you fax/email this form in! It is that easy!

                                                                              

“AGC Education & Training….Building a Solid Foundation”
The latest AGC Education Catalog (July – December 2007) is now posted on our website.
CLICK HERE FOR CATALOG   

Upcoming Construction Education / Safety Training Classes 

Safety Training Classes
AUGUST
Spanish OSHA 10 hour- Aug. 14- click here
CPR/First Aid- August 29 – click here 

Construction Education Training Classes
AUGUST
LEED- August 15- click here
SWPPP – August 17-click here 
Timberline Estimating Fundamentals– August 22-23-  click here
Timberline Estimating Extended- Aug 24-   click here
Excel Level 2- August 28- click here

 

All committee meetings are held at AGC unless indicated otherwise

AUGUST
August 28- Foundation for Success – 12 PM
August 28- Education Committee Meeting- 11:30 AM at BIZTOWN- 4556 Mission Gorge Place
August 29 – Off-Road Diesel Emission Rules Workshop- 10-11:30 AM
August 31- Electronic Age – 7 AM

SEPTEMBER
Sept. 5- Safety Committee – 7 AM
Sept. 5 – City Liaison – 1 PM
Sept. 6 – Specialty Contractors’ Council – 12 PM
Sept. 10- Water Authority – 11:30 AM
Sept. 12 – Affiliate Members’ Council – 12 PM (changed from Aug. 23^rd)
Sept. 12 – Government Relations – 10 AM
Sept. 19 – Public Building Liaison – 7 AM
Sept. 21 – Builders’ Exchange – 7 AM

AGC Toastmasters- Every other Wednesday- 7 AM at the Roel Training Center. Click here
For more information, please contact the President of Toastmasters for AGC, Mandy Parent at mparent@4datanet.com

 

AGC Councils/Committees – Are you Involved Yet?

The San Diego AGC is a committee driven association and relies on committees to act as the creative arm for the industry. Members in all membership categories are encouraged to participate on AGC Committees. Participating on an AGC Committee allows members the opportunity to give strong direction to the industry and to develop their skills and abilities. The construction industry needs volunteers that will continue to direct the industry in a positive manner. Serving on an AGC Committee is an excellent way to achieve this goal. We encourage you to participate in your industry and volunteer for an AGC Committee.

 

UPCOMING AGC EVENTS
August 16- AGC Mixer – AGC outdoor patio click here for registration
September 15 – AGC Softball Tournament – click here for registration click here for registration.
September 22 – SDSU Aztec Football Tailgate & KGB Sky Show- click here for registration form
October 12- Midway Mixer- click here for registration form
November 1 - Build San Diego Awards click here for "Call for Entries"