www.localjobsfirst... The San Diego Building and Construction Trades Council’s New Website
By Jim Ryan, AGCSD Executive Vice President 

OK…..we have been focusing, probably too much, on labor issues in recent Monday Morning Quarterbacks.  After all, there are other issues that are also important.  However, please stay with me on the labor “stuff” for just one more week.

There is a new website in town… www.Localjobsfirst.com

This website is sponsored by the San Diego Building and Construction Trades Council and its new leader …Mr. Tom Lemmon

So Tom…let’s set the record straight concerning a few matters detailed on your new website!!!!

#1.   Local jobs and the San Diego County Building and Construction Trades Council.

For the last several weeks, you seem to have been justifying your defense of Project Labor Agreements (PLAs) around the notion that a PLA somehow is the only way for San Diego area developers and communities to “insure” that local workers are hired on their construction projects.  Evidently, your logic is that local building trade unions in San Diego typically have jurisdiction only in this county.  Therefore, their members must all live and work in this county.  So….if a developer signs a PLA with the San Diego County Building and Construction Trades Council, then the developer is making a legal commitment to employ only local residents on the developer’s project. 

Tom, here is where I am confused!

I have been a Trustee on a number of Building Trades Union’s Health and Welfare, Pension, Apprenticeship, etc., Trust Funds both here and in other areas of the country.  It is a common practice for many of these Trusts to establish “money follows the man” rules.  These rules allow union contractors from other areas to bring in employees from their local area and to transfer fringe fund (health, pension, etc.) money back to the local union fund in the community in which the union member lives.  I suspect this happens on a daily basis with a number of union crafts in San Diego.  The reason is….at any point in time there are a number of union contractors with their out of area employees from Los Angeles and other cities working in San Diego.

Now…are the union members that live in these other areas and are working here for union contractors, “local”?   Hmmmm.

Oh, and Tom…..what about all of those union members that live in Temecula and Riverside…you know, out of San Diego County and are members of local unions in San Diego?  Are they local?  The trades you represent must have several thousand members…..and they all live in this county?  What about all of the union members that live in Tijuana and work here legally?  You must know that there are union trust funds in San Diego that have contracts with providers to provide health and prescription care in Tijuana because there are so many of their members living there.  Are they “local”?  Moreover, what about when it gets busy in San Diego and the locals accommodate travelers from other local unions to come into San Diego to work?  Are they local?

Now Tom, there is nothing wrong with all of this.  What is wrong, is your portraying that the local unions you represent have members that are all happily living and paying taxes in San Diego County.  It is simply not true….if you do not agree with that statement, do this for me…allow an independent auditor to review all fringe fund records of all local unions and verify what locality the members of each union reside….if 100% are San Diego residents, I will stand one day at 5^th and Grand with a sign that says, “Tom Lemmon was right…I was wrong!!!!”

#2.    www.localjobsfirst.com -  Frequently Asked Questions (FAQ’s)

Tom, your new website has a section called frequently asked questions…  FAQ’s.

One question was particularly interesting!!!

“How Did Gaylord’s final proposal put union contractors at an unfair disadvantage?

Your answer…… 

“First, Gaylord required union contractors to pay to bid on the project.  But what’s most alarming is that non-union contractors would be able to see the union bids before submitting their own, which creates an uncompetitive playing field.”

Hmmm….Tom every contractor in town…union or non-union knows that this is not true.  Do you actually think that Gaylord’s project specifications were going to say something like the following?.......

“Contractors signatory to a union agreement may bid this “package.”  However, because you are a union contractor, we are going to charge you $xxxx to bid the work covered under this package.  Assuming your check clears, we will then show your bid to non-union contractors. Please understand that non-union contractors will not be required to pay Gaylord to bid this package.  However, they will be encouraged to undercut your bid, if they see fit.”

Tom, both union and non-union contractors that read the “specification” are laughing right now.  I suspect they believe you were stretching just a bit on the “spin” in this FAQ!!!!!

#3.    The Indeck Decision

Tom your website headline reads…..

Associated General Contractors’ (sic) Jim Ryan Threatens Lawsuit against Gaylord if the Developer Signs an Agreement with Local Workers.

Ouch….Tom, your friend Jen Badgley from the IBEW took a pretty strong shot at me in this article!!!  And I thought Jen kind of liked me!!!  Oh well.  The quote Jen was referring to was from the August 13, 2007 issue of the San Diego Business Journal.

It reads…. “The upshot of this ruling is that if Gaylord signed a PLA now, anyone could file an unfair labor practice charge against (the PLA) and it would stick”.

OK…it may not have been the greatest quote, but I do not believe that in this article or in last week’s MMQB did I write or infer that AGC San Diego or Jim Ryan would file a lawsuit against Gaylord or anyone else.  (and Jen….an unfair labor practice charge is not a lawsuit…FYI)

However, as a result of the Indeck decision, I suspect that private owners and Building Trades Councils will have unfair labor practice charges filed against them if they enter into PLAs.  Will the filing result in a decision by the National Labor Relations Board that an unfair labor practice has been committed?  Maybe …maybe not.  It all depends on the specific situation. 

Now Tom and Jen…your problem is that you are now going to be required to work through this with each developer you approach.  They will have attorneys, and they will know what is coming.  They will no doubt ask you why should they enter into a PLA and attract all of this hassle. Well…maybe they will risk it to be insured of all “local” workers!!!

Anyway Tom…it is a nice website and I appreciate my name in headlines…keep up the good work!!!

 

No Response from NECA!!!

Today is August 20^th, 2007 and it marks week #1 of no response from NECA to meet and explain why a PLA is such a good idea to GCs that will not be able to bid on PLA projects.

 

A “Different” Legislative Year
By Dave Ackerman, AGC’s Legislative Advocate

The internal political tensions in the State Legislature have been building for some time – and late into the 2007 legislative session, they have finally reached the surface.  The approval of the state budget is long over due, approaching seven weeks into the new state fiscal year.  State vendors and health care providers are not getting paid, and contractors, who must rely on funds being approved in the 2007-2008 state budget to keep projects going, are about to feel the possible first delay in scheduled progress payments.

The Assembly passed its version of the budget in early July, striking a deal between the Democrats and Republicans to reduce the budget deficit to around $700 million.  The Assembly also enacted investment tax credit legislation to stimulate the motion picture and high tech industries, among others.  The Assembly passed the budget and promptly recessed for the scheduled summer break, leaving the Senate to act on what the Assembly had just approved.

Since early July, the Senate has attempted several votes on the budget, coming up short each time.  To pass the budget requires a 2/3 vote, which means at least two Senate Republicans must join all Democrats to reach the magic 2/3 vote threshold. In the last vote attempt in early August, one Senate Republican, Able Maldonado from Santa Maria, broke ranks with his Republican colleagues and voted with the Democrats, leaving the budget approval one vote shy of approval.

If the Assembly reached a deal so quickly, what are the problems that have caused the Senate to balk at approval, and do these problems go beyond simple budget issues?  There are only five types of legislation that require a 2/3rds vote for passage:

·         The State Budget
·         Tax levy legislation.
·         Legislation appropriating money
·         Urgency legislation that must take effect immediately
·         Ballot measures, including bond acts

All other legislation requires only a simple majority of each house of the Legislature to approve legislation – meaning the Democratic leadership can virtually ignore the minority Republicans and enact whatever legislation they want and send it to the Governor for his consideration.

Last year, the Governor clearly understood this principle when he was too focused on striking agreements with the Senate and Assembly Democratic leadership, and ignoring the Republican legislators’ interests.  Passage of the budget on time last year had more to do with election year politics and the Governor’s re-election than anything else. This year, the Governor is termed out and it’s not an election year; therefore, there is very little political leverage to get anything done by any of the legislative leaders – except the Senate Republicans.

Senate Republicans, led by Senator Dick Ackerman from Orange County, have drawn a firm line in the sand concerning their budget vote.  They (with the exception of Senator Maldonado), will not vote for a budget that spends more than California is expected to receive in revenues within the next fiscal year.  In addition, they want to have legislation approved that limits California Attorney General Jerry Brown’s power to sue counties over implementing provisions of the global warming legislation approved by the Legislature (on a majority vote) and signed by the Governor last year.

Last year, the Governor cut a deal with Assembly Speaker Fabian Nunez to sign AB 32, the global warming/greenhouse gas reduction legislation which angered Republicans that were left out of the discussions.  This year it is payback time, where the 2/3 vote requirement comes into play in one of the few times Republicans can leverage their influence.  Their leverage has huge political implications.

First, the Governor seems to have lost the ability to influence his own political party. In spite of the Governor’s overwhelming popularity, he is finding it almost impossible to win votes for a budget he wants.  The Republicans he must influence have little to lose in holding their line – either they are termed out or have relatively safe districts in which to run for re-election.  In fact, holding firm in their position will help most Republicans against a possible challenge from the political right by another Republican in their primary election.

Second, Senate Republicans are growing increasingly upset with feeling they are being ignored by the Governor and the Democrat legislative leadership on many legislative issues – and standing firm on the budget vote is their way of voicing discontent.

Third, this discontent may impact two other issues that have been set as a priority by the Governor.

The Governor has focused on major water legislation, looking toward placing a bond measure on the 2008 ballot.  His legislation is being carried by Senator Dave Cogdill (Republican), who has been outspoken in holding the line on a budget vote.  The bond act will also require a 2/3 vote approval.

Health care reform may be doomed.  Senate Democrat Leader Don Perata has threatened to suspend consideration on any other legislative issues, including healthcare, for the rest of the legislative year if agreement cannot be reached on the budget.  The Republicans are not yet supportive of the Governor’s healthcare plan due to a proposed tax on business to provide funding.  How the Governor treats Republicans during the budget standoff may well impact their view of helping him on other issues.

Physically in the State Capitol, there is approximately 100 feet that separates the Assembly and Senate chambers from each other, and they are are the same distance from the Governor’s Office.  Today those 100 feet seem like the Grand Canyon.

 

Legislative “Call to Action” – Oppose Redundant Lead Abatement Legislation

The California State Senate is poised to vote on legislation (AB 354) to require employers to provide private health insurance coverage for all employees involved in lead abatement work, prove they have such coverage, and provide that this coverage would be used in the event of an employee exposure, all to ensure that an employee won't have to pay personally for medical surveillance or treatment.

 

AB 354 is unnecessary.  Cal/OSHA and the California Department of Health Services regulations, and Workers Compensation laws already provide for the assessment of hazards, registration of abatement contractors, prevention of employee exposure, medical treatment and surveillance, and exposure testing and monitoring.  All of these items are currently required by law and are at the sole responsibility and expense of the employer!  

 

In addition, AB 354 could potentially impact General Contractors, as they are considered "Controlling Employers" in most cases, and could therefore be cited and held liable for a subcontractor's failure to meet these requirements.

 

Call to Action -  Please take a moment to use our “Legislative Action Network” to write your legislators and tell them that this legislation is unnecessary and does nothing to enhance the protection of the public or for those handling lead removal (a letter has been drafted for you).  Simply CLICK HERE and fill in your name, home and e-mail address below then click "continue".  You will then be asked to send it electronically, or print copies to mail.

 

 

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.

 

New Format for AGC’s Daily Construction Reporter -  Receiving great Reviews

This is the third 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. 

For placing an ad in the publication or flash ads on the DCR website, please contact:

Pat Brown, Daily Construction Reporter Sales Manager at (858) 635-9000 or (800) 287-4600.
Glen Schaffer, Director of Marketing and Education: Direct Line: (858) 731-8151 or Cell: (858) 337-4939.

For more information on the DCR and AGC’s Plan Room, contact: Jessica Kovack, Director of Plan Room Services at (858) 874-8560 or jessica@agcsd.org.  WEBSITE: www.dcreporter.com

 

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.

 

Welcome New Members

The AGC Board of Directors and AGC Staff would like to welcome the following new members to the AGC- San Diego Chapter, Inc.  AGC’s Motto: “It is Good Business to do Business with an AGC Member!”

Company	Type of Work	Contact	E-mail	Phone
Andy Hoyt General Engineering	Excavating Grading	Connie Hoyt	760.332.5844	conniehoyt@sbcglobal.net
DB Armstrong Co., Inc.	GC- Cons. Mgmt Dev. Mgmt	Dave Armstrong	858.679.0679
C A Construction	Carpentry	Chuck Avila	951.781.8055	caconstruction@neteze.com
Imperial Valley Floor Covering, Inc. dba Gordon’s Carpet One	Flooring	Erin Sanders	760.352.3010	gordonscarpet@yahoo.com
Irish Setters, Inc.	Marble/Tile	Tom Grisham	760.471.1033	tomg@theirishsetters.com
LFR, Inc.	Environmental Consulting	Mike Alberson	760.494.0486	Mike.alberson@lfr.com
M & E Construction	Concrete	Manuel Torres	951.453.3682	meconstruction@yahoo.com
New Century Construction, Inc.	Concrete & Excav./Grading	Lee Shellberg II	619.390.3300	newcenturyconstruction@yahoo.com
San Diego Restaurant Supply	Kitchen	Jim Baldwin	619.239.8107	jbaldwin@sdrs.com
Surecraft Supply,Inc.	Building Materials	John Burd	760.737.2120	jburd@surecraft.com
Vector Resources	Low voltage structured cabling/security	Nancy Towne	858.546.1014	ntowne@vectorusa.com

 

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.
You can also CLICK HERE FOR CATALOG.

 
Safety Training Classes

AUGUST
CPR/First Aid- August 29 – click here for flyer / Click here to register

SEPTEMBER
Scaffolding CTP- September 7 – Click here for flyer/ Click here to register
CPR/First Aid – September 26- Click here for flyer / Click here to register 

Construction Education Training Classes

AUGUST
Excel Level 2- August 28- Click here for flyer / Click here to register 

SEPTEMBER
AutoCAD - September 4 – Click here for flyer / Click here to register
Construction Project Engineering – START OF NEW SESSION – (September 4,11,18,25, Oct. 2, 9, 16, 23)
Click here for flyer/ Click here to register
Real Estate Workshop - September 6- Click here for flyer/ Click here to register
Web CM - September 7- Click here to register
Delay & Disruption - September 13- Click here for flyer/ Click here to register
Excel Formulas & Functions –September 18- Click here for flyer/ Click here to register
MAP 12 O’clock High -September 18- Click here for flyer/ Click here to register
Prevailing Wage Flyer September 19- Click here for flyer/ Click here to register
EM385-1-1 September 20, 21- Click here for flyer / Click here to register
HR Seminar- September 20- Click here for flyer

 

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. 12- PAC – 11:30 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

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" 

SAVE THE DATE - 2008
Spring Conference in Cabo San Lucas, Mexico – April 17-20, 2008