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HomeMy WebLinkAboutMINUTES - 01152002 - D.3 TO: BOARD OF SUPERVISORS Contra FROM: INTERNAL OPERATIONS COMMITTEE _ Costa DATE: JANUARY 15, 2002 e o County �dsra SUBJECT: PROJECT LABOR AGREEMENTS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. DETERMINE the dollar threshold at which County construction projects will be subject to a policy requiring project labor agreements. 2. ADOPT policy regarding the use of project labor agreements on certain County construction projects. BACKGROUND: On October 9, 2001, the Board of Supervisors referred to the Internal Operations Committee a draft policy regarding the use of project labor agreements on County construction projects. Our Committee met with County staff on December 3 and, based on a discussion of the draft policy, recommends that the draft policy be approved by the Board of Supervisors with the following modifications: that the Board determine the dollar threshold for projects that will be subject to the policy, and that the second sentence under Section II be eliminated. In determining the appropriate dollar threshold at which projects will be subject to the policy, it is recommended that the Board consider the effects of the threshold on the objectives of other County programs and policies, such as the Small Business Enterprise and Outreach programs. Attached is an annotated copy of the draft policy for the Board's consideration. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): JOHN GIOIA MARK D@SAULNIER ACTION OF BOARD ON ja615, 2002 APPROVE AS RECOMMENDED OTHER X See amendment attached VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN =UNANIMOUS(ABSENT urine ) AND ENTERED ON THE MINUTES OF THE i BOARD OF SUPERVISORS ON THE DATE AYES: 7'1/ NOES:_ SHOWN. ABSENT: ABSTAIN: nn,, . � ATTESTED J tNh(� T,a] �/0 — CONTACT: SUPERVISOR JOHN GIOIA (510)3743231 JOHN SWEETEN,C1g9K OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: COUNTY ADMINISTRATOR CAPITAL FACILITIES AND DEBT MANAGEMENT DIRECTOR GENERAL SERVICES DIRECTOR COUNTY COUNSEL JULIE ENEA,STAFF TO 10 COMMITTEE / BY21—kO `� DEPUTY Policy Regarding the Use of Project Labor Agreements on County Construction Projects I. Summary and Background A. Certain large, complex County construction projects involve numerous contractors and employees in different trades, have critical time lines for completion, and require a skilled and properly-trained workforce to successfully complete the work in a proper and timely manner. In order to avoid costly delays and additional expense to the County, it is essential that construction on such projects proceed without the labor disruptions that can occur on long-term projects both from external labor relations problems and from the frictions that often arise when a large number of contractors and their employees work in proximity to one another on a job site. B. In the private sector, project labor agreements have been used for years on large, complex construction projects to achieve satisfactory performance and the economic benefits that result from having a guaranteed source of skilled workers and from avoiding disruptions in work. C. In the public sector, project labor agreements have been used successfully by the County and other public entities in Contra Costa County for hospital, reservoir, wastewater, and other large, complex construction projects. Such agreements have been a major factor in producing quality construction work and projects completed on time, within budget, and without labor strife or disruptions. D. As a result of the County's successful experience with project labor agreements, the Board of Supervisors has requested that a uniform policy be developed to cover the use of such agreements for construction contracts awarded by the Board. This r policy is intended to provide general guidance for County construction projects, subject to any modifications or exemptions that may be approved by the Board. II. Application of Policy This policy applies to all construction projects with an estimated cost of$ [Board to determine appropriate amoun4 million or more awarded by the Board of Supervisors. -1- III. Required Provisions Unless the Board of Supervisors by majority vote determines otherwise, for construction projects that are subject to this policy, as a condition of contract award, the successful bidder(contractor) shall be required to negotiate and sign a project labor agreement (PLA) with the Contra Costa Building and Construction Trades Council or other labor organization(s) or labor union(s) approved by the County. In general, the PLA shall contain the following provisions: (a) For the duration of the project, the unions and their members, agents, representatives, and employees shall not incite, encourage, condone, or participate in any strike, walkout, sitdown, stay-in, boycott, sympathy strike, picketing, handbilling, work stoppage, work slowdown, or other labor disruption or unrest. (b) Violation of the no-strike clause may be enjoined by the contractor or subcontractor(s) in state or federal court at the election of the contractor or subcontractor(s). (c) During the term of the PLA, the contractor shall endeavor to facilitate harmonious relations between the subcontractors and the unions. (d) The unions and their members shall continue work on the project despite the expiration of applicable collective bargaining agreements. (e) The contractor, the subcontractors, and the unions agree to use a final and binding grievance and arbitration procedure to prevent disruptions and delays of the project arising from internal/external labor relations disputes, including jurisdictional disputes. (f) The PLA shall be effective only for the project in question. (g) The PLA covers all new construction work awarded to and performed by the contractor during the term of the project at the project site. (h) The contractor shall require all subcontractors, as condition of working on the project, to become parties to the PLA. (i) The contractor and subcontractors agree to use the union hiring hall for any new hires beyond their own core work force (defined as persons on the contractor's or subcontractor's active payroll for 60 of the preceding 100 days). (j) The contractor and subcontractors are allowed to use their own work force before resorting to the union hiring hall. -2- (k) The PLA does not affect the contractor's or subcontractor's parent companies, subsidiaries, or affiliates. (1) The PLA does not apply to the contractor's or subcontractor's managerial, supervisorial, executive, or clerical employees. (m) The contractor and subcontractors are acting on their own behalf and have no authority, whether express, implied, actual, apparent, or ostensible, to bind the County. (n) The County has the right at all times to perform and/or subcontract any portions of the construction and related work on the project not contracted to the signatory contractor. (o) The County, the contractor, and the subcontractors have the right to purchase material and equipment from any source, and the craftsmen will handle and install such material and equipment. (p) The PLA does not apply to any work performed on or near or leading to or into the project site by federal, state, city, district, or other governmental entities or their contractor(s), or by utilities or their contractor(s), and/or by the County or its contractor(s) for work which is not part of the project nor the fabrication or manufacture of any component, equipment, or materials offsite, for use or installation at the project site. (q) The PLA does not limit or restrict the choice of materials or the full use and installation of equipment, machinery, package units, factory pre coat, prefabricated or preassembled materials, tools, or other labor-saving devices. (r) After the installation is completed by the contractor or subcontractor(s), the County, the contractor, and the subcontractor(s) reserve the right to perform start-up, operation, repair, maintenance, or revision of equipment or systems with persons of the County's, the contractor's, or the subcontractor's(s') choice. (s) If required, the service representative may make a final check to protect the terms of a manufacturer's guarantee or warranty prior to start-up of a piece of equipment. (t) The PLA is binding only on the signatory parties (the contractor, the sucontractors, and the unions). (u) The contractor alone is liable and responsible for the contractor's own individual acts and conduct and for any breach of or alleged breach of the PLA. -3- (v) The contractor, the subcontractors, and the unions shall abide by a substance abuse policy as may be required by the County or the contractor. (w) All employees shall comply with the security procedures established by the contractor and the County. (x) The PLA shall be subject to approval as to form by the County Counsel. III. Miscellaneous For individual projects, the PLA requirements will be set forth in detail in the project specifications and may vary from the provisions listed above, as determined by the County Administrator. The requirement for a PLA does not exclude any contractor(union or non- union) from bidding on the project. The PLA must be negotiated within 14 days after the apparent lowest, responsible bidder is notified by the County. If the contractor and the unions are unable to agree upon the terms of the PLA within that time, the matter shall be submitted to final, binding arbitration within 10 days. H'NKA Wiry revised 12-2"i..od -4- ADDENDUM D.3 JANUARY 15, 2002 On this day, the Board considered adoption of a policy regarding the use of Project Labor Agreements (PLA) on certain County construction projects and to establish a dollar threshold at which County construction projects would be subject to a policy. The Board discussed the history of the issue and Supervisor Uilkema requested more details on a default position that the Board might want to consider in the event an agreement cannot be reached upon the terms of the project labor agreement (PLA), before the time designated for the matter to be submitted to final binding arbitration. Supervisor Gerber requested the Board be notified of any wage and hour violations by the contractor or sub-contractor under the PLA. The Chair invited comment from the public. The following persons addressed the Board: Greg Feere, Building Trades Council, 935 Alhambra Avenue, Martinez Dale Peterson, IBEW 302, 3428 Bluejay Drive, Antioch John Wolfe, Contra Costa Taxpayers Association, 600 Las Juntas Street,Martinez James Conway, Bay Area Sheet Metal Contractors, 7677 Oakport Road, #1100, Oakland Aram Hodess,Plumbers/Steamfitters 159, 1308 Roman Way, Martinez Jim Ward, SANSAC Corporation, 422 Whitney Street, San Leandro, Mike Sonnikson, 915 Vista Del Diablo, Martinez John Dalrymple, Executive Director, Central Labor Council, 1333 Pine Street,Martinez Kevin Dayton, Associated Builders and Contractors, Golden Gate Chapter, 11875 Dublin Boulevard, Suite C-258, Dublin Rich Hevener, Jr. 3891 Martha Drive, Martinez Bruce Edrington, 220 Oak Park Lane, Pleasant Hill Kelly Anshutz, U.A. Local 159, 1308 Roman Way, Martinez Todd Bales, B &B Grading and Paving, 2490 Vista Del Monte, Concord Jim Smuck, Bay City Mechanical, 543 Sooth 31s` Street, Richmond Robert Hanson, Sheet Metal Workers, Local 100, 1720 Marina Boulevard, San Leandro Kevia VanBuskirk, SMW Local 104, 1720 Marina Boulevard, San Leandro Derek Daymond, Sierra Bay Contractors (no address given) Eric Christen, CFEC, 2320 Leverage Drive, Fairfield Pat Leiser, California Contractors Alliance, 1408 Harris Court, Antioch Jim Hein, Hein Lighting and Electric, 5030 Blum Road,Martinez Bill Hanna, AGC of California, 1390 Willow Pass Road, Suitel030, Concord Tom Baca, Vice-President, Central Labor Council,President, Boilermakers Union, 213 Midway Drive, Martinez Following discussions, the Board took the following actions: SET a threshold of $1 million at which County construction projects will be subject to a policy requiring project labor agreements(PLA) ADOPTED the policy regarding the use of project labor agreements (PLA) on certain County construction projects DIRECTED the County Administrator to prepare an annual evaluation report of the PLA program for the Internal Operations Committee. Said report to include: Engineer estimates vs. actual bids on PLA projects, wage and hourly-wage violations reported on any project involving a project labor agreement (PLA), and any other pertinent information the County Administrator deems necessary; and DIRECTED that there be discussion on the coordination of the PLA process with the Outreach Program. (AYES: I, III, IV, V; NOES: II; ABSENT: NONE; ABSTAIN: NONE) Contra Costa County Recently Completed, In Construction and Pending Facility Construction Projects Name of Proiect Pendina in Construction Completed Orin Contract PLA Contra Costa County Regional Medical Center X $ 52,000,000 yes Richmond Health Center X 35,000,000 County Administration Center X 35,000,000 Juvenile Hall Expansion X 26,800,000 Public Safety Command Center X 25,000,000 Crime Lab Replacement X 25,000,000 Martinez Health Center X 16,130,000 Family Law Building X 10,200,000 yes Animal Services Facility,Martinez X 7,284,200 ClinicaltPublic Health Lab X 6,400,000 New Office Building,4549 Delta Fair X 6,097,130 HVAC Improvements,30/40 Muir Road X 6,000,000 Los Madanos Health Center X 4,155,842 Pavers Day Care Center,2730 Maine Ave X 4,100,000 Brentwood Health Clinic X 2,770,000 Remodel 1305 MacDonald Avenue X 2,500,000 T.1. 1650 Cavallo Rd X 2,000,000 Addition/Remodel, 1034 Oak Grove X 1,739,000 Head Start Classroom Expansion,Various X 1,656,968 Animal Services Facility, Pinole X 1,230,000 Remodel, Richmond Administration Bldg X 1,100,000 Laurel Road Park&Balloeld X 923,775 Remodel 50 Douglas,3rd Floor X 695,304 New FSM79, 1423 Lillian St.,Crockett X 673,316 T.I. Phase II, Los Medanos X 666,209 Headstart Expansion,3020 Grant SUFairgrounds X 491,900 Cast Iron Soil Pipe Replacement, LMHS X 327,000 T.I.,2530 Arnold Drive,2nd Floor X 323,000 Parking Lot Expansion,2530 Arnold Drive X 315,710 Remodel,50 Douglas, 3rd Floor, Phase If X 299,500 T.I.2366-A Stanwell Circle X 248,000 Mchen/Cafeteria AC,RMC X 230,172 Security Improvements,640 Ygnacio Valley X 229,200 Parking Lot Expansion,30 Glacier X 221,600 Fire Alarm System, 725 Court Street X 211,988 Security Improvements, 1020 Ward Street X 189,450 Reroof,725 Court St X 148,000 Voice&Data Cabling, 50 Douglas, 1st Floor X 141,066 Fire Alarm System Upgrade,625 Court Street X 139,400 Diagnostic Imaging, LMHS X 131,000 Remodel Holding Cells, Pittsburg X 119,889 T.I.,2366-B Stanwell Circle X 119,200 Fire Alarm System, 1020 Ward X 104,400 HVAC Improvements,Orin Allen Youth Facility X 98,959 Stand Alone Boiler, RMC X 98,623 Site Improvements, LMHS X 96,400 Stone Valley Landscape Mitigation X 79,543 Play Structures-Los Nogales/Los Arbolis X 78,900 Soccer Field,Montalvin Manor, Pinole X 70,477 Sitework Headstart Classroom,Ambrose Park X 70,280 ADA Access,4191 Appian Way X 51,504 $ 279,756,906 ,��p 6ENEgq`c AGC AMEA��a CALIFORNIA The VOICE of the Construction Industry lllllllllllll� OFFICERS January 14, 2002 Frank Schipper,President Charles A.Fletcher,Senior Vice President Doug Duplisea,l ice President John EMessner,Tmasuner Cart Bauer,Immediate Past President Supervisor John M Gioia Thomas Nolsman,Executive Wee President STATE OFFICE Contra Costa County Board of Supervisors 3095 Beacon Boulevard 651 Pine Street, Rm 106 West Sacramrnto,CA 95691 Martinez CA 94553-1293 (916)371-2422/Fax(916)377.2352 E-maik agcsac1&agc<aorg REGIONAL OFFICES IE: January 15, 2002 Meeting Northern California Board of Supervisors Meeting Agenda Item 1390 WBlom Pass Road,Suite 1030 p S S Concord,CA 94520 (925)827-2422/I=(925)827-4042 Deliberation Item D.3 E-mail:agrnorth®agc<a.org Southern California 1255 Corporate Center Drive,Suite 100 Dear Supervisor Gioia: Monterey Park,CA 91754 (323)263-1500/Fax(323)261-8222 E-mail agcsouth®agc<aorg Associated General Contractors of California(AGC)would like to present DISTRICTS for the Board's consideration and review certain critical pieces of Eureka and Shasta (53 0)24"638/Fax(53 0)547 1772 information regarding your consideration of adopting a policy on E-mail agcrvdding®age<aorg Delta Sierra construction project labor agreements for Contra Costa County. (916)371-2422/Fax(916)371-2352 E-mail.,aguac®agc<a.org North Bay AGC's Government Mandated Labor Agreement policy states: (707)5260645/I=(707)526-0809 E-mail:agcnorth®agc<aorg East Bay To protect construction industry practices, (925)827-2422/I= gcnort5 ggc7ca 42 rg AGC of California will engage in earl E-mall:agrnonh®agc<aorg engage Y San Frandsen education and discussion of GMLA's with (475)7762054/Fas(475) gc<amrg public agencies. E-mail-agrnorth®agc<aoubliIf contractors are excluded Santa Clam from the process, AGC will oppose GMLA's on (408)7278)727-756r7 E-mail agcnortb®agcca.og the basis that they prejudice the competitive San Joaquin and Monterey Bay bidding process and undermine the local (559)252-6262/rnx(559)252-6294 E-mail ngcfresno@agc<s M prevailing industry labor practices. Tri-Counties (805)682-6242/Fac(805)563-6358 E-maikagctrico®agc,caorg If contractors are not able to protect local LosAngeles prevailing industry labor practices, AGC of (323)263-1500/Fax(323)261-8222 E-mml.agaoutb®age<a.org California will oppose GMLA's on a case by Orange County case basis through the initiative and/or legal (949)453-1480/Fax(949)453-1580 E-maikagcsbo®agc<aorg process in an effort to stop agency intervention Riverside/San Bernardino to control contractors workforce. (909)885-7519/FAX(909)3814047 E-maB'agcsbo@qgc<a.org c O 0.EN(17j` i T HE ASSOCIATED GENERAL CONT RACTORS OF CALIFORNIA , INC . ��p 6ENEgq�C v� �y aA � C AGC r s �F AMER��a CALIFORNIA The VOICE of the Construction Industry OFFICERS Frank Schipper,President Charles A.Fletcher,Senior Vice President Doug Duphsea,Vice President Page 2 John EMessner,Tmasurer Cart Bauer,Immediate Past President Thomas Holsman,Executive Vice President STATE OFFICE 3095 Beacon Boulevard In adherence to this policy I have enclosed some documentation from AGC [Pest Sacramento,3795691 (976)371-2422/Fax(916)377-2352 of California, and AGC of America that more succinctly identifies issues E-mailagaac@agccao g that should be considered in making decisions of this magnitude that effect REGIONAL OFFICES your constituency of the county regarding project labor agreements. Northern California 1390 Wi((ou,Pass Road,Suite 1030 Concord,3A 94520 (925)827-2422/lax(925)8274042 If you have any questions regarding this issue please do not hesitate to E-mailagcnortb®ag"a°,g contact our office at (925) 827-2422 to discuss the matter in more detail. Southern CallJornia 1255 Corporate Center Drive,Suite 100 Monterey Park,CA 91754 023)263-1500/Fax(323)261.8222 Thank you for your consideration and review of this material. E-mail.agcsoutb®agcca.mg DISTRICTS Respectfully submitted, Eureka and Shasta (530)2468638/Fax(530)5474772 E-mall*agcreddinggagcca.org \ /� (910371-242211=016)377-2352 '�Je`J)•t1Y1\�x)w�M+-- \ E-ma it agaac®agcca.org North Bay (707)526x645/Fax(707)526x809 William LHanna E-mail:agcnortb®agccaorg East Bay Regional and East Bay District Manager (925)827-2422/Fax(925)8274042 Associated General Contractors of California E-mail.agcnorth®agcca org San Francisco (415)7762054/Fax(415)7765592 E-mail agcnortb®agcc mg Santa Caro Enclosures: Government Mandated Labor Agreement , Position Paper (408)727-3318/Fax(408)727-7567 E-mailagcnortbfagccaorg AGC of California San Joaquin and Monterey Bay GMLA In Public Construction, AGC of America (559)252-6262/Fax(559)252-6294 E-mail agcjresno®ago ,M GMLA Brochure, AGC of America Tri-Counties (805)682-6242/Fax(805)563-6358 E-mail agctrico®agccaorg Los Angeles (323)263-1500/Far(323)261-8222 E-mail agcsoutb®agcca org Orange County (949)453-1480/Fax(949)453-1580 E-mail agcsbo®agcca org Riverside/San Bernardino (909)885-7519/FAX(909)3814047 E-mail agabo®agcca.org e T H E A S S 0 C I A T E D GENERAL CONTRACTORS OF CALIFORNIA , INC . • ����GENEgq�y' 0 �p®� g AGC � S �F4MEP\G! CALIFORNIA The VOICE of de Cm fion Udmty Government Mandated Labor Agreements The Position of AGC of California AGC of California The Associated General Contractors of California (AGC) represents over 1,100 construction and construction related firms throughout California. One of our primary service functions is to provide labor relations assistance to our members. As a result, of our size and diverse membership,we have demonstrated the ability to negotiate labor agreements throughout California that are responsive to the market places in which our members work. Our expertise in the area of advocating contractors on labor issues spans more than 50 years. Government Mandated Labor Agreements To protect construction industry practices, AGC of California will engage in early education and discussion of GMLA's with public agencies. If contractors are excluded from the process, AGC will oppose GMLA's on the basis that they prejudice the competitive bidding process and undermine the local prevailing industry labor practices. If contractors are not able to protect local prevailing industry labor practices, AGC of California will oppose GMLA's, on a case by case basis, through the initiative and/or legal process in the effort to stop agency intervention to control contractors workforce. AGC's Opposition • Project labor agreements negotiated between government agencies and labor unions erode the competitive bidding process. • GMLA's reduce the bidders on the project when capable companies do not engage such projects because they do not chose to sign the mandated agreement. • GMLA's restrict competitive control of workforce and work assignments • Strict craft jurisdictions will raise the costs because the contractor will be required to hire workers whose skills and productivity are unknown. • Promises of"no-strike" and "no lockout" are already longstanding provisions in the Collective Bargaining Agreements that the industry works under today. Government Mandated Labor Agreements are NOT the Same as Project Labor Agreements. Parties to the Agreements: • Project labor agreements are negotiated and signed by the local unions and the performing contractors. • Government Mandated Labor Agreements are negotiated by the Agency and Building Trades Councils and signed by the International Presidents and the Agency's Representative. Project Labor Agreements Such agreements are negotiated between contractors and the appropriate unions to address special circumstances of a particular project. • Examples of such circumstances, among many, are: — accelerated schedule — special work shifts — environmental restraints — community inconvenience — public emergency Seldom Addressed • Safety • Uniform Drug Testing •Uniform Work Rules • Local Work Practices • Composite Crew Make up •Representation Issues Introduced That Are NOt Covered By Collective Bargaining Agreements • Expansion of Coverage Beyond the Site of Construction — Offsite Trucking — Fabrication — Delivery of Materialsa®�£ AGO CALIFORNIA — Work Breaks — Quality Assurance/Quality Control Contractor Control • Contractors have developed their competitiveness by controlling their entire operations • Economy and efficiency of operation comes from knowing and controlling one's own workforce Without such control, contingencies must be built into the bids Local Control • Project Labor Agreements have local jurisdictional assignments and provisions and disputes are settled through the local agreements. Government Mandated Labor Agreements do not honor local assignments and are settled through the National Plan for the Settlement of Jurisdictional Disputes in the Construction Industry. Competitive bidding,prevailing wage regulations and local collective bargaining agreements have served public works construction well for many years. These standards and laws, when properly enforced, should provide the assurances agencies require. When contractors are allowed to control their own workforce, they are more competitive. Requirements beyond the proven industry practices, only raises the cost to the public. We should always remember, we are dealing with the public's money. mw AGCY CALIFORNIA GENEgq� A Cs� ANC �FAMEP�Ga CALIFORNIA The VOICE of the Comftuction Industry AGC's GMLA POLICY Adopted May 11, 2000 To protect construction industry practices, AGC of California will engage in early education and discussion of GMLA's with public agencies. If contractors are excluded from the process, AGC will oppose GMLA's on the basis that they prejudice the competitive bidding process and undermine the local prevailing industry labor practices. If contractors are not able to protect local prevailing industry labor practices, AGC of California will oppose GMLA's on a case by case basis through the initiative and/or legal process in an effort to stop agency intervention to control contractors workforce. ree ECONOMIC BENEFITS DERIVED FROM UNION PROJECT AGREEMENTS SUMMARY OF BENEFITS INDUSTRIAL PEACE BETTER TRAINED WORKERS EXPERIENCED WORKERS QUALITY WORKMANSHIP oJob Right the First Time oEliminates Re-Work oReduces Call Backs A MORE SAFE WORKER oReduces Loss of Time oReduces Insurance Premiums oReduces Property Damage GREATER PRODUCTIVITY oLowers Labor Costs oAllows for Completion of Job On Time STRUCTURED LABOR MARKET oReduces Recruiting Costs LESS LABOR TURNOVER AND ABSENTEE PROBLEMS LESS NEED FOR OVERTIME SOCIAL-ECONOMIC BENEFIT There are a number of economic benefits that can be realized from a project agreement by users of construction and or by project owners. The fact that union project agreements provide for industrial peace and worker harmony on the job is .generally well understood. Indeed, there are a number of other very significant benefits that result from a building and construction project being performed by union labor and contractors working under collective bargaining agreements. Traditionally, union craft workers have been better trained. A very large portion of union craft workers have completed formal apprenticeship training programs. These programs coupled with on- the-job proper supervision and work experience have clearly resulted in the unionized construction trades having better trained workers. Labor unions in this industry take particular pride in their apprenticeship and journeyman programs. Practically every union electrical craft worker at the journeyman level has completed a four or five year formal training program, or they have been qualified by examination linked with experience. Similar situations exist among other unionized trades. In fact, the IBEW and the National Electrical Contractors Association spend $34 million per year to train electrical workers in one trade as opposed to the $4 . 5 to 6 million spent by the non- union sector in their entire training programs for all their trades. Again, we believe that comparable situations exist among the other unionized trades in terms of monies spent on training by them as opposed to expenditures by the non-union sector. The 15 building trades unions and their contractors spend over $300 million to assure a first-class training system on both the national and local level -2 Less than 10 percent of all funds now going into construction craft training is directed toward open shop training.; Likewise less than 10 percent of those individuals completing construction craft training are in open shop programs.4 iThe Learning Industry; Education For Adult Workers, p. 106; The Carnegie Foundation for the Advancement of Teaching 1990; Nell P. Eurich. 2The Unionized Construction Industry; Myth vs Reality; Presented by Construction Industry Labor - Management 1990's Committee. 3The Business Roundtable; Training Problems In Open Shop Construction; A Construction Industry Cost Effectiveness Project Report; Report D-4, p. 1; Sept. 1982 . 6Ibid. 1 Quality training results in high quality workmanship, a more productive worker, a more competent worker, and a more safe worker. Each of these attributes contribute to or translate into economic benefits. Well-trained craftsmen producing high quality work means that over the long run there will be considerably less need for re- work and call backs. Putting construction work in place right-the- first-time is not only cost effective and thus produces savings but is also essential to putting a job in on time. According to users (of construction) overcoming skill shortages on large projects was an area where union contractors have a particular advantage.S Further, union strengths include a high degree of organizational efficiency as well as extensive construction knowledge and experience on the part of contractors, supervisors, and labor.6 These are very significant economic considerations when large construction projects are put in place which clearly are intended to operate efficiently for long periods of time. In other words, construction users or project owners give very serious consideration to life cycle cost: That is, the cost of annual maintenance, future expansion and modifications, and overall operational efficiencies must be evaluated when undertaking the assignment of a project for construction. Assessing life cycle costs requires both quantitative and qualitative analyses. In other words, construction consideration and decisions must be based on factors other than just a focus on initial cost. While in new construction the bidding process evolves around initial construction costs, most often construction users/owners will weigh in life cycle costs in terms of materials, machinery and equipment used and the quality of workmanship used in the installation ' thereof. Quality workmanship results in economic savings over the life of a plant or a construction facility. This has been very clearly documented and is frequently spelled out in the specifications for the construction project particularly in terms of the kinds of materials to be used and in the engineering and design features. The Marco Consulting Group, MCG, the largest consultant to multi-employer pension plans in the nation, conducted a survey of 16 of the nation's leading open end real estate funds and six mortgage real estate funds, which showed that only the Economically Targeted Investments (ETIs) , i.e. all union constructed, had positive rates of return in 1991 while also being ranked in the top tier for the past five and ten year periods. "Quality is one reason for the success of ETIs, " explained HCG President Jack Marco. "Union workers, trained through a formal apprenticeship and 5Survey of Construction Service Users; Indiana University - Institute for the Study of Labor in Society; p. 6; by Jeff Vincent. 6Ibid. 2 journeyman process, performing for stable long-term employers are likely to produce the type of quality project that does best in a poor market, " he continued.? As previously noted, high quality craftsmanship results from the kind of training and experiences unionized craft workers receive. Their training and their experience make them highly competent workers. Competency not only means that they have mastered their trade, but that they clearly understand the various building and construction codes pertinent to their work. Understanding the National Electrical Code as well, as the other building and construction codes, clearly manifests itself not only in a job being put in place in accordance with local and state ordinances but also yields substantial cost savings. Re-work that results from the improper installation (work does not meet building codes) can be quite costly. Needless to say, such work can also result, if uncorrected, in property damage and personal injury. Project agreements that utilize unionized craft workers have a very favorable track record in this regard. Contrarily, there have been a number of construction projects that were attempted to be constructed by open shop and non-union contractors that experienced numerous problems in meeting construction time tables, and in particular, in complying with the codes and or regulations required by law. A lack of quality in workmanship next to weather contributes the most to construction delays.° Every study that makes an effort to measure worker productivity will generally acknowledge that a better trained worker is a more productive worker. Obviously, if this were not true, unions and employers would not invest the huge sums of money they do in the training of workers. Unionized workers in the construction industry are highly productive and their productivity advantage translates into significant cost savings. Whereas in the open shop and non-union sector there is a hodgepodge of classifications with many of the workers possessing skills and abilities of semi-skilled workers. Semi-skilled workers employed , on building and construction projects, because of the incompleteness of their training, and lack of experience, are not as productive as unionized craft workers. Many open shop contractors do not recognize the improved productivity that can be realized through the training of their workers.° only a small rThe Marco Consulting Group, 54 West Hubbard Street, Suite 205, Chicago, I1. 60610; Industry Survey, April 15, 1992 . sSurvey of Construction Service Users; Indiana University; p. 6. 9The Business Roundtable ; Training Problems In open Shop Construction; p. 17. 3 percentage of open shop contractors in any area make any effort to involve themselves or contribute financially toward the development and training of craft manpower: 10 Another very important factor, in the overall cost of a construction project, is that regarding the safety aspects of the work environment and workers involved in the construction project. When a construction project is being put in place by workers that have received training in safe work practices, and thus, are safety minded, they are involved in fewer accidents on the job: This results in less lost-work-time, lower insurance costs (workmen's compensation, liability, etc. ) and less cost in terms of personal injuries and other human tragedies. Construction workers' safety performance is significantly related to union membership. 11 From an economic perspective, it is also important to note that not only does a cost savings accrue from a reduction in loss of work time due to personal injuries; but that accidents that could have been avoided by a safe worker result in material and equipment damage that can be quite consequential in monetary value and result in construction delays. Where building and construction work takes place under a project agreement there is a harmonious relationship among the workers on the job and 'greater attention is usually paid to the safety aspects of the work environment and to the welfare of fellow workers on the job. This clearly results in benefits to all parties involved in the construction project. We believe the record is rather well established with regard to the responsibleness of union workers and construction employers working under a collective bargaining agreement in their concerns for a safe work place. They have established safety committees, they have safety meetings, and they assign a very high priority to the conduct of safe work practices. Because unionized workers are more likely to exercise their rights under OSHA, the agency enforces standards at unionized construction workplaces more stringently than at comparable nonunion workplaces. 12 Specifically, union construction workers receive formal and on- going training on health and safety risks as well as their rights under OSHA. 13 This indeed results in a cost savings not just to toIbid. , p. 18. 11Safety Performance Among Union and Nonunion Workers in the Construction Industry; Drs. Nicole Dedobbeleer and Pearl German; American College of Occupational Medicine; p. 1101: "Building Safety: The Role of Construction Unions in the Enforcement of OSHA. Journal of Labor Research - 1992 ; pp. 121- 122 ; David Weil ; Boston, University. 13Ibid. , p. 122 . 4 the contractors; but a cost savings that is passed on to the construction user/owner. In 1979, Dr. Steven G. Allen; Professor of Economics at North Carolina State University, in his study of productivity. of construction workers, found that unionized construction workers were at least 29 percent more productive than non-unionized construction workers.14 Professor Allen noted that unions are concerned not only with wages and employment opportunities; but also with physical conditions of the work place, the systems used to assign workers to jobs; the provisions of training, and the availability of channels to settle disputes between workers and the employer, along with a host of other facets of the employment relationship. All of which can and do have positive effects upon worker productivity. In this study he used an econometric approach developed by Charles Brown of the University of Maryland, and James Medoff of Harvard University, to estimate the effects of unions on productivity in the construction industry. Brown and Medoff found that the output per man hour . (productivity) was 24 percent greater in unionized establishments in the manufacturing sector. Professor Allen further noted that craft unions have played an active role in training new workers and reducing job search costs for both contractors and members, which serves to increase productivity perhaps even to a greater extent, in the construction industry. The study found that output per employee is at least 29 percent greater in unionized establishments in construction. Furthermore; ' data in his study revealed that if all of the extra productivity measured had been entirely attributed to the labor component of production - then union workers are at least 38 percent more productive than non=union workers in construction. The study goes on to note that there are two factors which are likely to increase the productivity of union workers in construction. First, union workers are more likely to have received better training. This results in part from their tendency to be tied to a craft rather than a firm. Superior training also results from the active role unions take in developing apprenticeship programs. Secondly, union hiring halls reduce recruiting and screening costs to contractors. This thereby results in an economic savings being passed onto the construction user/owner. 15 The study by Professor Allen was substantiated by findings from an Indiana University survey of construction service 14Unionized Construction Workers Are More Productive: Professor Steven G. Allen, North Carolina State University; November 1979; P. ii. 15Ibid. , p. 5. 5 users. This study found that organized apprenticeship programs and a centralized labor source produce significant economies of scale in the supply of labor. 16 In the case of project agreements in which a prevailing law applies, the productivity advantage that union workers would enjoy over non-union workers `should convey rather substantial cost savings to the construction user/owner. Simply put, if we hold wage and fringe benefit costs constant for both the union construction workers and the non-union workers, since these projects require that prevailing wages and benefits be paid, we see readily that the union contractors have a significant cost advantage due to the productivity advantage. In fact, one could argue since union workers are at least 29 percent more productive than the non-union workers that that can and does allow for not only a cost savings but also gives advantage to them in meeting prescribed time tables for completion of the project avoiding cost over-runs. In a 1986 paper titled; "Can Union Labor Ever Cost Less?" prepared by Professor Steven Allen, he examined the effect of unions on efficiency (cost competitiveness) of union labor on three different sets of construction projects. Financial support for that paper was provided by the National Bureau of Economic Research, a private non-profit, non-partisan organization engaged in research; The U. S. Department of Labor; and the National Science Foundation. A principal finding of his work in this paper revealed that union contractors benefit from dconomies of scale. His data support his conclusion that economies of the scale for union contractors give them a cost advantage in large commercial buildings.17 By extension, it could be argued effectively that the same factors that come into play and give union labor - union contractors a cost competitive advantage in large commercial buildings would also apply in construction of other facilities that employ significant amounts of craft labor. In a competitive environment cost savings to contractors generally translate into cost savings for construction users/owners. In his paper Professor Allen again noted that the building trades unions also have beneficial effects on productivity mainly through the effects on training via apprenticeship, search and screening costs via hiring 16Survey of Construction Service Users; Indiana University; p. 6. 17Can Union Labor Ever Cost Less? Dr. Steven G. Allen; National Bureau of Economic Research, Inc. ; Working Paper No. 2019 ; p. 1. 6 halls, and management. Ali of these factors shift the cost function of labor downward:18 Furthermore, he goes on to say, a most important factor is that unions can lower the cost of larger projects through their ability to structure what would otherwise be a casual iabor market. 19 On the other hand open shop contractors can operate at a disadvantage in the labor market, particularly in the areas of recruitment and training.20Because of the unions ' long experience with referral services and apprenticeship programs union contractors can better adjust to changing manpower needs.41 Union hiring halls can provide large supplies of skilled labor on relatively short notice. This is a function a single contractor most likely would be unable to accomplish on his own. Additionally, Professor Allen's paper states that labor unions also have a role in reducing the cost of labor turnover and absenteeism, since replacements can be quickly provided.22 Moreover, in its study of absenteeism and labor turnover, the Business Roundtable acknowledges that lower turnover offers a broad range of productivity gains.23 Indeed, under a project agreement all of these elements would come into play and be reflected in cost savings to the project owner. Professor Allen goes on to point out that union hiring halls reduce uncertainty about the quantity of available labor. This essential factor contributes to the benefits of the economies of scale. Consequently, management can plan large projects in a more efficient fashion and on a tighter schedule; this reduces the cost of maintaining material inventories and renting capital equipment. These kinds of benefits often allow unionized contractors to obtain favorable financing terms to meet their capital needs which, in turn, can be passed onto the project owner. IsIbid. , pp. 5-6. "Ibid., p. 6. 20Open Shop Construction Revisited; Professor Herbert R. Northrup; University of Pennsylvania, Industrial Research Unit; 1984 ; p. 57. 21Ibid. 22Can Union Labor Ever Cost Less? Dr. Steven G. Allen; p. 6. 23The Business Roundtable; Absenteeism and Turnover; A Construction Industry Cost Effectiveness Project Report; Report C- 6; p. 1. 7 Another factor which Professor Allen states that may give union contractors an advantage over non-union competition on large projects is experience.24 value is implicit in experience. Certainly, the record of union construction is very clear in this regard. Another important item discussed in Professor Allen' s study is that of overtime ratios between union and non-union contractors. He points out that, especially for non-union contractors, the usage of overtime increases substantially as projects become larger. He notes that non-union contractors use 75 percent more overtime in the construction of larger schools and 366 percent more overtime in larger office buildings.25 In other words, in the construction of larger office buildings non-union contractors used more than 3 . 5 times the hours of overtime used by union contractors on equivalent structures. As construction projects increase in size and require greater usage of overtime for non-union contractors, this mandates either working those hours of overtime and paying premium compensation or incurring delays in meeting the construction time table for the project or a combination of both which can result in construction cost over-runs. Furthermore, as noted in a Business Roundtable Report, productivity can be adversely affected by the extension of hours of work through scheduled overtime operations.26 Prevailing Hours Wage Requirements Enforcement Project agreements, especially "all union" project agreements can yield economic benefits on public work jobs in that there will undoubtedly be less compliance problems with regard to the State or Federal prevailing wage laws. The workers employed under this arrangement are assured the enforcement of the terms and conditions of this agreement through their union representatives. The payment of their fringe benefits is held in trust accounts subject to the Federal Taft-Hartley provisions. These trusts are jointly administered by labor and management trustees who, through their administrators, accountants, auditors, and attorneys, assure that the fringe payments are both correct and paid in a timely fashion. Many times they have their own bond requirements to guarantee payments. If a problem is discovered, they take the time, expense, and proper action to resolve the issue. The enforcement agencies are very rarely involved in an economic dispute involving prevailing wage payments from union contractors. 24Can Union Labor Ever Cost Less? Dr. Steven G. Allen; p. 7. 2SIbid. , p. 17 . 26A Business Roundtable Report; Scheduled overtime Effect on Construction Projects; p. 5. g On the other hand, with the absence of a collective bargaining agreement and a union representative to advocate their rights, non- union workers employed on prevailing wage projects frequently don't know their rights and are not familiar with exactly what are the prevailing wage rates and benefits. Non-union contractors frequently abuse their responsibility to pay the required wage and benefit package. This is either through contractor's ignorance or the calculated probability of the risk of being caught. The methods of abuse are many and varied, among which are: incorrect hourly rate; fringe calculations omitted; incorrect classification for types of work performed, including apprentices; wage kickbacks; incorrect hours reported, splitting time with a substandard wage adjustment on other concurrent private work; bogus fringe deductions; false front fringe administrator programs; required tool usage rental payments, etc, to name a few. The enforcement action by government to correct these abuses cost money. Additionally, the government is also deprived of tax revenues from both wages lost and the resultant economic multiplier due to hour and wage violations.27 An entire section of Government Compliance Programs are assigned to enforcement of the prevailing wage law, most of which will deal with the "merit", i.e. , non-union, contractors. With the use of this Union Building Trades project agreement, the government is virtually relieved of the expense of monitoring, investigation, hearings, court costs, collection, etc. , that could be anticipated in projects of size, if subsequently secured by open shop contractors and subcontractors. Socio-Economic Impact With projects of size, owners and builders can act prudently to mitigate the adverse socio-economic impacts usually experienced by local communities in and around large construction projects. In-migration of construction personnel for large projects has been shown to disrupt the budgeted resources of city and public services through increased demand on limited affordable housing, exceeding capacity limits on schools, drawing on sewer and water resources, non-participation in roadway maintenance and construction, etc. The inherent system-wide constraints of a community are exceeded by the in-migrant's failure to not fully contribute to the services they use which results in budgeting shortfalls, the burden of which reverts to the normal tax-paying 27"Revenue Enhancement With No New Taxes" , Ileavy and Highway News, Vol. 8 , No. 2 , June 1992 ; National Joint Heavy and Highway Construction Committee, 111 Massachusetts Ave. , NW, Washington, DC. 9 residents of the area . (Ref: County of Santa Barbara, California, Department of Regional Programs, "Tri-County Socio-Economic Monitoring and Mitigation Program") .28 By implementing a local Union Building Trades project agreement, local communities are assured that their residents will be employed on this project, thereby mitigating significant adverse economic impacts to their region which would have been required with out-of-th'e' -area contractors and workers being brought in to work on these projects. This can be a positive action for the owner in the permit process. Federal and State governments also have a concern over access to employment opportunities for minorities and women into the work force, particularly construction. Entering into an agreement with the area Building Trades will compliment the governments affirmative action efforts in that area. These groups are under represented in this industry. This cannot be corrected by a mass hiring practice due to the requirement of skill development. ' The major avenue of access is through apprenticeship training programs . The following example illustrates how the unionized building and contruction trades promote affirmative action efforts. In the Boston area the minority share of total employment was 24 . 1% in 1987 compared to 23 . 3$ in construction. In 1988 13 . 3% of the Boston based apprentices were minorities and 4 . 9% were women. The non-union ABC sponsored training programs had a participation rate at this time of 3% minorities and 2 . 2% women. In a three year survey of minorities and women in the industry, the union had a 97$ retention rate compared to the non-union rate of 65%. This demonstrates that both access and retention of minorities and women into the industry is enhanced by union craft utilization, thereby providing secondary advantages for responsible builders and owners to utilize a union project agreement. -9 28Reprint from COASTAL ZONE 191, Proceedings of the 7th Symposium on Coastal & Ocean Management, ASCE/ Long Beach, Ca. July 8-12,1991. "Monitoring and Mitigating the Socioeconomic Impacts of Coastal oil and Gas Development" by Michael G. Powers (Deputy Director Planning, Santa Barbara County Association of Governments, Suite 11, 222 E. Anapamu St. , Santa Barbara, CA. 93101) . Mark Erlich, "Labor at the Ballot Box, The Massachusetts Prevailing Wage Campaign of 1988" (Philadelphia, Pa. , Temple University Press, 1990) pp. 107-110. 10 4 THE LOS ANGELES UN FIE® SCHOOL DISTRICT'S P ®P. BB PROJECT LA► R AGREEMENT, A $600 MILLION LESSON .I CONSTRUCTION MADNESS a J3 Prepared by the Coalition. for Fair Employment in Construction November 30, 2001 y On August 24 of 1999, the LAUSD Board of Education approved, behind closed doors, a Project Labor Agreement that guaranteed the $2.4 billion Proposition BB school-repair and construction work to union members on/v. This sweetheart deal was signed between the LAUSD and two major labor construction groups, the Los Angeles County Building and Trades Council and the Southern California-Nevada Regional Council of Carpenters. By requiring all contractors and workers to effectively have to join a union in order to work on the job the agreement effectively shut out over 80% of the construction industry, thereby guaranteeing increased costs, waste and non-accountability. Some of what was said at the time included: There is no way this thing(PLA) is going to be efficient and cost effective." Eric Christen, Coalition for Fair Employment in Construction The Daily News(Los Angeles) "I'm in favor of anything that will save us money and get schools built. " Steve Soboroff, former member of Prop. BB oversight committee who supported the PLA "This PLA is a clear-cut example of poliUcal cronyism. It reeks of ineptitude and deceit Moreover, this PLA decision was made within a culture[that]defies common sense, avoids accountability, and protects bad judgment." Kevin Dayton, Associated Builders and Contractors in letter to Don Mullinax, Director of the LAUSD O>fice of Internal Audit and Special Investigations "The purpose of this Agreement(PLA) is to reduce construction costs to the district(and hence the public) by ensuring that the work on a covered project will be completed efficiently, cooperatively, economically and without interruption. " LAUSD summary of why the PLA was needed Now, 2 1/2 years later, the district has just released what the cost of their journey into construction and fiscal madness has been: $600 million. On November 28, 2001, LAUSD officials admitted that they "botched" spending the $2.4 billion Proposition BB bond issue and now face a $600'million shortfall! They were warned. Now, once again, it's .the taxpayers anq children who will pay for such insanity, JAN-14-2002 17:06 MIRANT 925 947 3002 P.02 Mirant California,LLC 1350 Treat Boulevard,Suite 500,Walnut Creek,CA 94596 T 925 287 3100 F 925 947 3002 7D' ( January.14, 2002 Contra Costa Board of Supervisors 651 Pine Street M I R A N T" Martinez, California 94553 Subject: Project and Maintenance Labor Agreements (PLA &MLA) Dear Supervisors, In January of 2001,Mirant entered into agreements with the County of Contra Costa and State of California Building and Construction Trades Councils. A Project Labor Agreement (PLA) for construction of a new 540 megawatt combined cycle power plant at our Contra Costa site near Antioch and a Maintenance Labor Agreement(MLA) to cover peak maintenance for 30 years were agreed upon. Construction of the new unit has begun and is proceeding as planned. The PLA assures Mirant that the workforce necessary to physically construct the unit is available to the contractors and the work is performed in a safe,efficient, and cost effective manner. Trades personnel are experienced in all aspects of power plant construction and maintenance. We take comfort in the fact that the trades personnel are not just performing work as instructed, they have the ability to proactively share their experience with the contractor resulting in a better product. The Business Representatives from the various unions work closely with the contractors to assure the jobs are progressing smoothly. Any problems associated with safety or productivity have been dealt with in a timely and professional manner. Again, these agreements assure Mirant has access to a workforce that understands our business and often are asked to report to work at a moments notice. Please feel free to contact me if you have any questions. Sincerely,c Mark Gouveia VP and Chief Operating Officer dnn=iu—cuuc iue uo-,)u nu oanap MORIC K rnn nus oeu coo uoou / r, ui H. SANFORD RUDNICK & ASSOCIATES Labor Consultants to Management H.SANFORD RUDNICK J.D. DATE: 1-15-02 z : gam FAX: 9231:56-0980 PR: 925!256-0660 S. SA.NFORD RUDNICK& ASSOCIATES CONFrDENTLAL 1240 ML Diablo Blvd,Suite 300 'Walnut Creek, CA 94396 Facsimile Transmission Sheet PLEASE DELIVER THE FOLLOWING PAGES TO: E. GREG FF-ERE JOHN GI01A CONTRA COSTA BUILDING AND CONSTRUCTION TRADES COUNCIL FIPM: CONTRA COSTA ..BOA.IW OF SUPERVISORS FAX#: 925 335 1913 925 372 7414 FROM: H. SANFORD RUDNICK,J.D. Tota]#of Pages (including cover page) IF YOU DO NOT RECEIVE ALL THE PAGES,PLEASE CALL US BACK AS SOON AS POSSIBLE AT 800-326-3046. MESSAGE: vine uT nriRTo awn STITTF MO WALNUT CREEK. CA 94596 TEL.; 211f116_0660 TOLL FREE: 800/926-9046 FAX: 92St=56-0930 017111=,D-cuuc fur. ua,oa nn aanay nuonfcli _ rtin nu, coo UUOu f vco r. sic Pa4la A t"-w 41e•iN 00"orGrUNDOUHo44 U--Lc 3er2 410 tmrTtip asATHS OR AMEAJCA 61 ITI T11f3 u�wue NATfONAt.LABOR FWAT1ON5 a0AR0 Cana Oete p CHAPAS AdAMST L.ASOR ORGANttA-WAS OR MS AG&NITS ' we'rRUCT9ONS: Re an 040,tal te0frvw shell tour evo+ee afW a soar tar naAii adddana eba►3Jed party rMared at Ftam 7 rritlt NL.R✓3 Re+Aenar Oireere, tar tr".ea.en'a wNaA the ft2!-d Wrtei►laffar pfsetlae�toyed ar If�orxuria t. LAiCR 0RGAN3ZAYtCN CR frS AGFNrS AQAiNBT wHtCH CHARG&IS SACU011T —�-" �• a. N*ffw a.union Repremnpaevo to ammm JOHN GIOIAs CONTRA COSTA BOARD OF SUPERVISORS GREG FEERE i GREG FEERE,, CONTRA COSTA BUILDING AND TRADES C UNCIL � �G.T7G LG0 0900ara . Aaana/Saes[ Z-r;antaw and lJ Colo) 372 7414 935 AL.HAMBRA`:AVE mARTINEzv CA 94553 r - e, me aaave-m"ad Ogonaammon or its agents ilea(navel a in arW ie faro)ongAe}ima in unfair tabor ta'sedtea within tfie meanly of ' t� .). °. racoon 8161.auaaaetioniat llifrsgpaaedonal .............,�--.. ..................__._......,....,,....�.._............_ of O+a National iaiwr rietatioM war. 4 and mese UAW labor pfned0ea are vnfa4 utrl tines aifectina oammeres within the meaning of Me A= j 2. Bassi of the C-hage 15ef forth d dant trm'pgwa+Csa sretCmarrr q!tffe/east aorretttlrtfitg div aNdgaO unibir 7eiMr pfaot/CeaJ WITHIN THE LAST SIX MONTHS, THE CONTRA COSTA BUILDING AND CONSTRUCTION TRADES COUNCIL., GREG FEERE, AND THE CONTRA COSTA BOARD OF SUPERVISORS, JOHN GIOIA, INTEND TO RESTRAIN AND COERCE EMPLOYEES OF HORIZON GLASS AND � OTHER CONSTRUCTION EMPLOYERS TO BE REPRESENTED WHEN EMPLOYEES OF SAID COMPANIES DO NOT WANT TO BE i REPRESENTED BY A UNION. (HORIZON GLASS AND OTHER CONSTRUCTION EMPLOYERS ARE SEEMNG 103 RELIEF AGAINST THE CONTRA COSTA BOARD OF SUPERVISORS AND THE CONTRA COSTA BUILDING AND CONSTRUCTION TRADES COUNCIL TO FORCE EMPLOYEES TO JOIN A UNION OR EMPLOYER'S TO SIGN A CONTRACT WITHOUT AN ELECTION) 3. Name of arnalpyEf925 25We6pN Ne.0660 HORIZON GLASS 1 ' FS25 256 0980 5. 1.01mion of plant invaivaa/sa-ser. eery.awta snd Zp aade! i 8. 2-nowr ar fewwsenmdve va COncaet 1200 TRIANGLE COURT H. SANFORD RUDNICK 7. Type of eetaaiishmsnc Jlaetsv.mine. Nfta/esNer. er*4 8- laerrofy prineipii praoucr of service S. MwAbas of wannert e111000yea GLASS INSTALLATION 25 0, cult nwe at party!Ging"go H___ SORn RUDNICK t 1. 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