HomeMy WebLinkAboutMINUTES - 07281987 - S.3 TO 60AR6,OF SUPERVISORS
FROM : Supervisor Tom Torl akson Contra
Introduced July 21, 1987 for Board Action Costa
DATE : on July 28, 1987 Coirty
SUBJECT: COMPLAINTS AND ALLEGATIONS REGARDING THE EMPLOYMENT PRACTICES AND
SAFETY CONDITIONS OF THE USS POSCO AND BE&K CONSTRUCTION PROJECT
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION: Request an investigation of complaints and
allegations about issues related to employment .practices, hiring, and
safety conditions at the USS-POSCO steel mill and modernization
construction site and request that the Board of Supervisors write a
letters to both BE&K and USS-POSCO asking for a response and
explanation of the various concerns outlined below. Furthermore, a
letter should be sent to all of the necessary law enforcement and
regulatory agencies that have responsibility in the areas of concern
and that are being asked to investigate these matters.
BACKGROUND INFORMATION: At a recent mieting at the Plasterers '
and Cement Masons ' Union hall in Pittsburg, I was told of several
activities in relation to the BE&K construction project at the
USS-POSCO steel mill which greatly disturbed me.
It was pointed out to me that labor has determined to picket this
site for all the reasons we are familiar with in terms of the desire
for more local jobs to be developed by this company during the
construction project and in support of the principal that union labor
should be hired on this -important construction project because of
their greater skills, experience and safety record. (Recall that the
Board of Supervisors earlier acted on my motion to take a position of
asking that the construction jobs on this modernization project should
be given to local workers and to the very greatest extent possible
union labor should be employed. )
The Internal Operations Committee has had hearings on the question
of the local hiring practices and the attainment of the goal that the
USS-POSCO and BE&K had set of the 75-85% local hire ratio. In my
opinion, that goal is not being met and more aggressive outreach and
preferential treatment of local potential Tabor needs to occur.. USS-
POSCO and BE&K must work harder to fulfill their promise and must make
more thorough and good faith efforts to fulfill this goal.
CONTINUED ON ATTACHMENT. x YES SIGNAT URE:-�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER `
SIGNATUREIS): p
ACTION OF BOARD ON J111V2`�-y 1,()p-c,7 APPROVE ID AS RECOMMENDED X OTHER X
Steven Roberti representing Central Labor Council in Martinez and Jim Wilson
representing Boilermakers 549 in Pittsburg app ared to address the issue.
On recommendaLton of--Stirperv—sor- McPeak, IT IS FURTHER ORDERED BY THE BOARD
that the issues contained herein are also REFERRED to the Personnel Director.
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTEDJuly28 , 1987
County Counsel PHIL BATCHELOR. CLERK OF THE BOARD OF
Personnel Director SUPERVISORS AND COUNTY ADMINISTRATOR
IO Committee
BY a
M382/7-83 DEPUTY
t
July 28, 1987
Page TWO
1. One of the areas of concern which is also the feeling among
organized labor in Contra Costa County is that local employees, both
union and non-union, are being discriminated against. For instance, a
welding test is apparently required for all welders, yet, for
out-of-state welders this test is being waived. I talked to one
individual, Wallace Nichols from Louisiana or Alabama, who indicated
that he was hired without the required welding test being taken.
Other local welders have indicated they were turned down for
employment by the welding test being used against them.
2 . It is also alleged that drug testing is being used to
discriminate against local hires and to bring about clearance
regardless of actual positive or negative outcomes of the urine tests
of out-of-state workers. This allegation may be admittedly very hard
to prove, however, I believe it is necessary to investigate the method
of urine testing. It is reported this is being done by the actual
personnel managers and personnel employees of BE&K and not by an
independent objective outside firm. From the way the test is
reportedly given, I question whether it is being given with the proper
health standards or accepted drug testing methods. This is an area I
would like to our Health Department to inquire about and to report
back to the Board.
3 . There have been many sources that have approached me with the
complaint that workers from out-of-state are being hired directly on
the job site where local workers are being asked to go through the
Employment Development Department. The reports to me allege that the
out-of-state workers are hired quickly and that local workers are not
getting the same consideration and their applications are being
delayed by going through Employment Development Department process. I
believe this situation warrants a very specific and thorough
investigation and inquiry. I suggest that a meeting of
representatives of the Pittsburg PIC Office, the County PIC Office,
the county Personnel Departent, and the County Administrator' s Office
be convened which would also include representatives from the State
EDD office and the Worker Assistance Center. Since the complaints are
coming not just from organized labor but from employees and officials
in our local employment agencies, I think there may in fact be an
effort here to discourage local hires. I hope that is not the case.
4. Another serious allegation has been made that there has been
assaults on three occasions with an automobile against the peacefully
picketing labor representatives of organized labor unions in Contra
Costa County. Representatives from the Plasterers ' and Cement Masons '
Association were outraged at the fact that apparently no follow-up has
occurred by the California Highway Patrol or the Sheriff ' s Department
in filing charges in the most recent case where the truck driver
admitted openly that he swerved the truck on purpose in the direction
of the picket and ended up hitting that picket. I spoke briefly with
the individual who was injured and apparently suffered a broken leg
(now in a full cast) . The District Attorney should immediately be
notified of the situation and the Highway Patrol and Sheriff
Department should be requested to take every step possible to see that
this kind of activity is stopped and that thorough reports and charges
are filed with the District Attorney' s Office regarding these
incidences or any such future incidences.
5. It has also been reported to me in the attached documents that
in the main mill itself a discovery has recently been made of asbestos
deposits. The asbestos could - now be creating an air pollution
menace. Apparently a firm was hired by USS POSCO to review the
situation and recommended clean-up. The firm made its report and
recommendations for clean-up but no action has been taken. The labor
leaders I talked to are concerned there may be a cover-up in this
situation and that OSHA is not taking the issue seriously enough or
moving rapidly to investigate it. This is indeed a very serious
July 28, 1987
Page THREE
situation if the facts bear out to be correct. I urge that the
District Attorney' s Office and our Environmental Health Division
investigate this situation and see if any laws have been violated. I
further urge that the Bay Area Air Pollution District be asked to
investigate to see if any laws and regulations that it is responsible
for have been violated and that we write a strong letter to the
Attorney General and OSHA asking their full efforts to rapidly
investigate the situation. I also want to suggest fliers and infor-
mation sessions for workers and the Industrial Association.
6. I think the Board should officially take a position regarding
the BE&K health and pension plans. In the hearings of the Internal
Operations Committee, we learned that BE&K does not offer a pension
plan. Also, their health benefit package is very limited and it does
not include family members. In my opinion, this is against good
employment principals and all notions of what a quality employment
package should be. I believe that these benefit deficiencies
represent an exploitation of labor and that they will have negative
consequences on public health systems (whether it is with systems of
our own here in Contra Costa County or of some other systems in
another state where the families of these workers live or retire. )
The fact that a pension plan is not provided is something that is
"unAmerican" in my opinion and is a standard benefit that both union
and non-union labor has fought for years to establish in our country.
We should write requesting BE&K and USS-POSCO to do everything
possible to find funds to provide the enhanced health benefit packages
and pension program and to indicate what exactly they have done to
review this request and find the appropriate funds to accomplish it.
7 . We should request the California Highway Patrol to thoroughly
and quickly enforce the laws regarding vehicle registration for
out-of-state individuals who obtain California employment.
Additionally, BE&K should be asked to provide the CHP with a list of
out-of-state workers and to give each one of them a flier notifying
of their legal responsibility to obtain a California registration.
TT:gro
Attachment
® Thermo Electron
EAL Corporation
2030 Wright Avenue
Richmond.California 94804
1415)235-2633
"(TWX)910-382-8132
ANALYSIS REPORT
ENERGY CONSERVATION DATE: 8-15-85
UNLIMITED Samples Received: 8-12-85
5427 TELEGRAPH AVE. EAL W. O. No. . 18501-0
OAKLAND, CA 94609 Purchase Order No. 8523101
ATTN: KURT ZIMMERMAN
,SAMPLE IDENTIFICATION ASBESTOS OTHER COMPONENTS
EAL CUSTOMER % TYPE % TYPE
2818-270-1 US STEEL 80-90 chrysotile 10-20 misc. particles
Analysis by polarized light microscopy
Edward J. Haggerty
Program Manager
EEL Corporation laboratories are Accredited by the American Industrial
Hygiene Association; approved by the State of California for complete
chemical , radiological , bacteriological, and bioassay analyses.
J J inc
ASBESTOS ABATEMENT SERVICES
September 3, 1985
United States Steel Corporation
P.O. Box 471
Pittsburg, CA 94565
Attn: John Pearl, P.E.
Re: Mill fire and presence of asbestos debris
Dear Mr. Pearl,
I wanted to write this letter and send some information regarding E.C.U. Inc.
as well as to address the present condition that exists at the mill fire
location.
I have received the laboratory results back as to the content of asbestos
in the fire damaged debris that had fallen from the corrugated steel deck.
The results are 80-90% chrysotile asbestos. The fire has seemingly burned
away all of the other components which make up the coating on the corrugated
deck and has left this deck in an extremely friable and hazardous state.
The fire has also damaged the corrugated wall coating and there too exists
an extremely friable asbestos hazard.
I would strongly suggest that a complete enclosure or envelope of the
ceiling area be constructed to protect the workers from exposure to
potential unsafe levels of asbestos fallout. Scafford could be erected
easily enough to envelope this area and still allow the plant to function
and operate.
I would suggest that this be done before any work begins on the roof area
and that strict guidelines are followed in accordance with O.S.H.A.
Title 29 CFR 1910. 1001 so as not only protection of the workers is guaranteed
but that protection of the employees of United States Steel Corporation
is guaranteed as well. I would also suggest that prior to any work being
done, any scaffold or enclosure erected, that a thorough cleaning of the
area be done with HEPA (High efficiency particulate absolute) equipment.
I cannot stress enough the need for protective measures to be taken at this
location. The present E.P.A. (Environmental Protection Agency) and O.S.H.A.
(Occupational Safety and Health Association) requirements are that any
material which contains more that 1% (one percent) asbestos and cannot be
encapsulated but is to be removed must be handled and disposed of-as
contaminated waste and that all protective measures be taken to ensure
Na CA.St77 Tek proph Ave.Oakland.CA 44609.41516665866•So CA, 12021 WhIWNm Btvd-.0430,Wed LA.,G 90025,2134474M
CaBkxnla Controctor Uoente Number 425901
.. J
i
the health of those people who occupy the area and those in the surrounding
environment.
If there is anything that I can do to assist you in this situation, please
do not hesitate to call or correspond.
Sincerely,
Kurt P. Zimmerman
E.C.U. Inc.
To .. . BOARD OF SUPERVISORS
FROM: Supervisor Tom Torlakson Cmtr
July 28, 1987 ^CJIJJIG�
DATE: l f� '�/
ADDENDUM TO REPORT REGARDING COMPLAINTS AND ALLEG ONS ���///oov���"rt
SUBJECT: REGARDING THE EMPLOYMENT PRACTICES AND SAFETY CONDITIONS OF
THE USS-POSCO/BE&K CONSTRUCTION PROJECT
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
The following are additional labor and safety questions pertaining
to the USS-POSCO/BE&K construction project:
1. I had the further opportunity talk to one of the former
employees of BE&K who worked on the USS-POSCO modernization project,
Wallace Nichols. He indicated he observed one incident where
"double-blocking" was used on a crane in an unsafe manner that nearly
caused injury. This is apparently a violation of some work safety
regulations and should be looked into.
Recommendation: Refer this matter to OSHA and to the District
Attorney.
2. Mr. Nichols also indicated that a member of the welders were
not qualified and were doing substandard and defective welding. If
this is the case, it certainly is a dangerous practice which should
not be repeated. The fact that one worker died on the BE&K project at
the steel mill already is a great tragedy. Every effort should be
made to avoid future deaths. Three individuals were killed in the
recent Louisiana-Pacific boiler explosion--which many believe to have
been caused by a faulty weld.
A proposal has been put forward by the steamfitters and other
building trades unions to ask for an inspection of the welds. The
county should, in my opinion, request that such an inspection be
arranged of a random sampling of welds in the modernization
construction. (A sample of 100-150 welds has been suggested. ) The
proposal would be to have an objective, outside expert x-ray the
sampling to see if they are in fact good welds. The steamfitters have
offered to pay the bill for this if the county or USS-POSCO is not
willing to do so.
Recommendation: Determine whether any engineer or inspector from
our staff is capable of doing the inspection and what the cost would
be. Further, we should communicate our concern to USS-POSCO/BE&K and
ask their cooperation in such an inspection.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON July 28 , 1987 APPROVED AS RECOMMENDED X OTHER X
Steven Roberti representing Central Labor Council in Martinez and Jim Wilson
representing Boilermakers 549 in Pittsburg appeared to address the issues.
On recommendation of Supervisor McPeak, IT IS FURTHER ORDERED BY THE BOARD
that the issues contained herein are also REFERRED to the Personnel Director.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF. SUPERVISORS ON THE DATE SHOWN.
cc: County Administrator ATTESTED July 28 , 1987
County Counsel
PHIL BATCHELOR, CLERK OF THE BOARD OF
Personnel Director SUPERVISORS AND COUNTY ADMINISTRATOR
IO Committee
BY o DEPUTY
M382/1-83
July 28, 1987
Page TWO
3 . Reports were shared with me that required safety meetings are
being held only on a token fashion in many cases.
Recommendation: The Board of Supervisors should inquire of BE&K
and USS-POSCO whether in fact full safety programs required by law are
being implemented on the project. If they are not, it should be
reported to the appropriate authorities.
4. Three incidents were reported recently of trucks losing their
steel loads. No injuries occurred but this could be very dangerous.
The trucks were reported to be carrying steel to and from the
USS-POSCO mill.
Recommendation: Refer this matter to the California Highway
Patrol to investigate.
5. Two reports of chronic acid discharges were shared with me.
Three discharge pumps apparently malfunctioned and allowed tens of
thousands of gallons to discharge into the river. The Coast Guard and
EPA are said to have reports on this matter.
Recommendation: Refer to the Environmental Health Division and to
the District Attorney for review of these reported incidents and
assessment regarding the breaking of any laws and need to prosecute if
violations are confirmed.
6. Recommendation: That the Internal Operations Committee
schedule a meeting in August to review reports on previously requested
information regarding local hire and labor issues plus the issues in
this addendum.
TT:gro