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 Quote of the Week
"As a small businessperson, you have no greater leverage than the truth."
- John Greeleaf Whittier
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Portland Carpenters Union Agrees to Sensitivity Class After Alleged Misconduct on Picket Lines
by Jeff Manning, The Oregonian
A local carpenters union has agreed to conduct sensitivity and diversity training sessions for members after a nasty series of confrontations at Portland picket lines last June.
The Pacific Northwest Regional Council of the United Brotherhood of Carpenters, Joiners of America and Exterior & Interior Specialists Local 2154 of Portland also agreed to pay $450,000 in damages to Hoffman Construction, the general contractor at some of the sites where the incidents took place.
The picketing began after a wage dispute between drywall installers and contractors prompted the carpenters union to call a strike. The union includes drywall installers.
Pickets lined up at more than 20 construction sites, including seven where Hoffman was the general contractor.
The picketing got ugly at some locations, particularly in Portland's South Waterfront District where Hoffman was building condo towers and at The Nines, the luxury hotel built atop Macy's downtown store.
Pickets hurled racial epithets, derogatory sexual comments and threatening remarks at people who crossed the picket line, Hoffman officials claimed. There were also allegations of damage to cars parked near the site and other vandalism.
Hoffman filed a complaint with the National Labor Relations Board and sued the union in U.S. District Court in Portland.
One of Oregon's largest construction companies, Hoffman has a long history as a union shop. "What it boiled down to for us is we are trying really hard to create a safe, welcoming job site," said Hoffman spokesman Bart Eberwein. "It's a huge part of our agenda to have that job site welcoming to women and people of color."
The union denied any wrongdoing. But it agreed to the terms of the consent decree that called for the payment to Hoffman and the training classes. The sessions will focus on diversity, discrimination and legal requirements during picketing.
U.S. District Judge Robert E. Jones ordered the union to put $200,000 into escrow. The money will be released back to the union as the promised training sessions are completed, according to the consent decree.
Union representatives declined to comment for this story. In a letter to members that was included in the court file, the union urged its members to refrain from similar activity in the future.
"Threats, epithets, obscenities and other picket line misconduct are not needed," the union letter states. "Our positive, working-family union message will be more effective when we don't resort to tactics that make us look small-minded and weak or detract from our message."
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Free EFCA Seminar Tomorrow!
Space still available! Come Learn About the "Employee Free Choice Act"
With the results of the November elections, passage of the Employee Free Choice Act
(EFCA) has become more likely. President Obama continues to promise he will sign EFCA into law. This will affect your business from forced contracts and mandatory arbitration to the elimination of secret ballots. Bottom line - The way you work with your employees will change
The best thing you can do is get informed.
Join the Employee Free Choice Act Workshop
(Hosted by ABC)
Thursday, February 12, 2009
8:00am, ABC Offices
8625 SW Cascade Ave., Ste. 100
Beaverton, OR 97008
Please contact Laurie Kendall at 503.598.0522 or lkendall@abcpnw.org to reserve your spot. Workshop is FREE to ABC members.
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 President's Corner
Project Labor Agreements Rise Again
After years of not being particularly concerned with overt union only agreements for government projects, congress and President Obama are bringing them back. With the swish of a pen last week President Obama erased an eight year ban on PLA's for federal projects and reintroduced the Clinton doctrine of allowing federal agencies to use PLA's at will.
At the same time, we are headed into a new era of expanded federal stimulus and government projects. Want to know more about ABC's stance and what is going on in the state legislature or congress, sign up to receive regular updates and alerts from the ABC government affairs committee.
John Killin
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2009 Jordan Schrader Ramis Construction Law Update!
What Contractors should do to ensure they are qualified to work on stimulus-funded projects and are prepared for new legislation affecting the construction industry.
Below are the topics addressed in our 2009 Construction Law Update on pending federal and state legislation. The entire article can be found on our website at www.jordanschrader.com, or click on the links below for specific sections.
1. Federal Stimulus Package - The American Recovery & Reinvestment Act
Excerpt: Some federal and state agencies and local governments have already prepared lists of "shovel ready" projects. For instance, the Oregon Department of Transportation ("ODOT") created a list of potential projects that could be under construction this summer totaling about $180 million. Click here for more information on ODOT's plans for recovery funds. Analysts estimate that Oregon would receive about $349.3 million to build and repair highways and bridges, $68 million to expand and modernize mass transit systems, and $65.5 million to upgrade and build new water and sewer infrastructure. Because much of the infrastructure funding will be funneled through existing federal programs to the states, many of the resulting construction projects will be subject to the Oregon Public Contracting Code, which was modified as recently as 2007. To be ready to participate in stimulus projects, contractors should familiarize themselves with the following Oregon Public Contracting Code requirements: Oregon Public Contracting Code Requirements Federal Stimulus Requirements Click on these links for more information on each of these requirements:
E-verify Requirements
Green Building
Ethics & Integrity Regulations (Federal Contracts)
2. State Stimulus Package
Excerpt:
The Oregon stimulus plan, signed into law on February 5, 2009, will raise $175 million in bond revenue, which will be spent on a number of maintenance projects across 11 state agencies. A significant portion of the funds will go to the Oregon University System and Oregon's community colleges. The package's focus is to fund projects that could start between February and April of this year.
3. Oregon Transportation Funding
From bargaining to arbitration.
From penalties to more penalties.
Summary
The Oregon construction community can expect stimulus dollars to start funding projects soon but there are requirements to meet. Contractors should consult with legal counsel for advice on their specific situation and act now to ensure they are qualified to work on these projects and are prepared for the new legislation.
Jordan Schrader Ramis PC, Attorneys at Law (www.jordanschrader.com), was established in Oregon in 1963. The firm represents private and public clients throughout the western United States in business, government, and Dirt Law®, which is the term we coined to describe our real estate, land use, environmental, natural resources, and construction law practice.
This alert is intended to inform the reader of general legal principles applicable to the subject area. It is not intended to provide legal advice regarding specific problems or circumstances. Readers should consult with competent counsel with regard to specific situations.
Written by John J. Hickey, member of Jordan Schrader Ramis's Dirt Law practice group. John can be reached at 503-598-5578.
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"American Recovery and Reinvestment Act"
All:
I just wanted to give you a brief thumbnail of the infrastructure spending breakdown that is being proposed in the "American Recovery and Reinvestment Act" (H.R. 1).
Federal Buildings Infrastructure Funding (Federal buildings, military and school construction): $54.88 Billion
Transportation Infrastructure Funding (Funding for highway, bridge, transit, rail and other infrastructure): $43.75
Energy Funding (Improved efficiency housing and building retrofits and other funding): $42.10
Water/Enviro Infrastructure Funding (Environmental cleanup, and clean water funding): $17.42
Workforce Funding (Workforce development, training and vocational rehab funding): $4.88
Total: $163.03 Billion
As you can see from the above numbers, the dollar amount intended to be injected into the construction industry is significant and will undoubtedly be beneficial to many ABC member companies in this time of economic turmoil. In addition, it is important to point out that currently this funding is absent of any union-only project labor agreement (PLA) requirements. Unfortunately, the funding requires the use of Davis-Bacon Act wage requirements on all projects outlined in this legislation. However, seeing that these are Federal dollars, DB would already be required on 99% of the projects. It is unfortunate that the DB requirements will drive up the cost of these projects but it does not take away from the fact that the projects funded through this piece of legislation will benefit many of our members across the nation.
-Brewster
Brewster B. Bevis
Senior Director, Legislative Affairs
Associated Builders & Contractors, Inc.
Direct: 703-812-2043
Cell: 571-232-3190
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ABC Memebers get 50% off tuition until June! 
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Help Support ABC By Recruiting New Members!
Participate in this pledge program by submitting a pledge card to your Chapter staff or ABC National. By making a pledge, and then working through the year to fulfill that pledge, you will become a part of the continued membership growth that makes ABC one of the strongest associations in the country. Talk with the staff and leadership at your chapter to learn more about how this program will support both your local chapter and ABC National. Click the link below to download the 2009 pledge form.
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2009 STEP Applications Now Available
ABC's Safety Training & Evaluation Program (STEP) is written by contractors, for contractors, as a tool to evaluate current safety management practices and to establish benchmarks that allow a company to measure the effectiveness of its' safety management programs, policies and procedures.
The STEP Program:
- Provides firms with an organized approach to analyze and further develop safety and loss prevention programs
- Provides a valid, objective method to measure safety program improvements
- Provides firms with safety performance recognition that can be used as an important business development tool with clients
To view and download an application visit our website. Completed applications are due in March.
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2009 ABC-PNW "Events-at-a-Glance" Calendar Available
Want to check out what's coming down the road at ABC this year? You can view and download our Events Calendar now. Dates are subject to change, so be sure to check our website for updates!
Visit our Newsroom to view the calendar. |
| Upcoming Events |
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February
February 12 - Employee Free Choice Act Workshop - ABC Offices, 8:00am
February 18 - First Aid Recertification - Sunbelt Rentals, 4-6pm
March
March 14 - CPR/First Aid Class at Sunbelt Rentals, 8:00am - 1:30pm
March 18 - Aerial Lift Recertification - Sunbelt Rentals, 4:00 - 6:00pm
March 19 - ABC Connections - Macadams Bar and Grill, 4:00 - 6:00pm | |
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SAFETY TIP
High Winds
Sudden gusts of wind can cause unexpected accidents. If high winds are expected, employees should be on the lookout for building material or debris that can be picked up by the wind and blown off the structure.
Safety precautions: · Tag lines should be used when hoisting loads with large flat surfaces. When picking up large sections of plywood, dry wall or similar material, be aware that this material can act as a sail.
· A 20 to 30 mile per hour wind can pick up a piece of scrap material and carry it as far out as the height from which it came. For instance, a piece from a 20 foot scaffold can hit a person standing 20 feet away, while the same piece coming off a high rise building may travel almost a full city block.
· Scraps of plywood and sheet metal are the most likely to be carried by wind, but a strong wind can pick up a loose 2 x 10 deck plank and drop it off a scaffold.
· Material/personnel hoists should not be operated in winds exceeding 35 miles per hour unless the manufacturer's specifications state otherwise. Check the manufacturer's instructions before operating cranes in high-wind situations.
· Wind can also whip up clouds of dust and reduce visibility. Drivers and operators of heavy equipment should slow down accordingly. Provisions should be made for dust control. Safety Tip brought to you by Liberty Northwest Insurance
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