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From the Executive Director's Desk,
Well, the 2009 New Mexico Legislative Session is over and behind us now and I for one am thankful for that. I just want to take a moment to thank Carla Sonntag for her tireless efforts and hard work on behalf of our Association and her dedication and gusto resolve for the construction industry. If you were unable to visit Santa Fe during the session this year, then you missed seeing her in action and it was impressive. There are so many that worked hard to prevent the prevailing wage legislation from passing through committees that I cannot name all of them here, but I would like to thank Steve and Pat Moore for all of their time and energy towards the effort. They sat in on committees and talked to legislators during the week, evenings and even on the weekends. Carla and I am working on a legislative summary, but I have provided some highlights in this newsletter as to the conclusion of the session.
As you know, our top priority this year was to stop Senate Bill 33 and House Bill 329. These bills will do away with the survey to establish NM Prevailing wages for public works projects and replace it with union collective bargaining agreement rates. We fought these bills hard through every committee and on the House and Senate Floor, but Senate Bill 33 is going to the Governor to sign into law. (HB329 died in committee). Although Governor Richardson has indicated that he will sign this bill, with the recent news coverage and outcry from the construction industry, he may re-consider. At the writing of this newsletter, Governor Richardson has not signed this piece of legislation, so please call the Governor's office or send him an email and ask him not to sign this bill into law.
We have strongly opposed this bill because:
1. The vast majority of construction companies in the state (over 90%) are nonunion and will be eliminated from the process of determining the Prevailing Wage. Only union companies participate in the creation of CBAs which will be used to determine the wage rate on all state jobs.
2. There is a significant fiscal impact that is estimated to be $50 - $90 million dollars per year. The state, suffering from severe financial shortages cannot afford this increase. Public Works projects will be further limited by the increased wages, meaning less road work and construction can be completed on the state's limited budget. This will affect ALL contractors, subcontractors and suppliers when we see the state work severely limited as costs go up.
Please contact the Governor and urge him NOT to sign this bill: Telephone: (505) 476-2200 FAX: (505) 476-2226 Click here to Email. You must complete an e-mail form on line. Select Legislative Session 2009 on the issue drop down menu.
I will keep you updated on the status of this bill so look for a legislative alert if and when the Governor signs the bill.
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 2008 NUCA Ditchdigger of the Year James R. Giannelli
March 17, 2009 Arlington, VA -- The National Utility Contractors Assn. is pleased to announce that New Mexico contractor James R. Giannelli--Founder, President and CEO of RMCI, Inc. of Albuquerque--is the association's 2008 Ditchdigger of the Year. The award was presented on March 6 at the Presidents' Banquet during Utility Construction EXPO '09 The Big Show in Phoenix, Arizona.
In accepting the award, Giannelli said, "We must always continue to look in our rearview mirrors to see where we have been and who in life has helped us get where we are today." In that spirit of humility, he then paid tribute to his friends and mentors in NUCA, all the people at RMCI Inc., his wife Deborah and their two sons Evan and Thomas, who he said "have sacrificed so much for me to pursue my dream."
The Ditchdigger of the Year Award is presented annually to a contractor member who has made a significant contribution to NUCA and the underground utility construction industry. A 16-year member of NUCA, Giannelli has served on the national level as a member of the association's Executive Committee and represented NUCA since 2001 on the American Arbitration Association's National Construction Dispute Resolution Committee and also the Engineers Joint Contract Documents Committee's Engineering and Procurement Subcommittees since 2008. He is currently serving as Vice Chair of the NUCA Foundation for Education and Research. Jim has also been active at the chapter level, serving as president of the Rio Grande Underground Contractors Association (NUCA of New Mexico).
Giannelli and his wife Deborah founded RMCI out of a spare bedroom of their home in 1991 and have grown the company to gross revenues of over $60 million and 200 employees. RMCI performs large diameter wet utilities, underground tunneling and boring, and water and waste water treatment plant work throughout New Mexico. |
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April Dates
- April 4- CPR/First Aid Training
- April 7-9 -Traffic Control Training
- April 8 - Safety Committee 8am
- April 9 -Planning Committee 8am
- April 9- Education Committee 3pm
- April 10 - Office Closed
- April 13 -NMRCGA Planning 9am
- April 14-15 MSHA New Miner 16 Hour
- April 15- 811 Funding Task Force
- April 16- Associate Showcase
- April 16- Membership Meeting
- April 16 - First Aid/CPR
- April 22- Las Cruces Safety meeting
- April 23 - Storm Water Qualified Person
Register online at www.nucanm.org/event.html |
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Bill Review
 There will be a more detailed update published soon, but please see this short list summary of legislation that we were involved in during the 2009 session.
Bills that we were involved in that passed both Houses and sent to Governor Richardson:
- HB 31 Motor Vehicle Theft Law
- HB 546 State Contractor Data Base
- SB 33 Prevailing wage
- SB 46 Pre-Apprenticeship Programs
- SB 303 Firefighters Occupational Diseases
Bills that we were involved in that did not make it out of session (either killed or tabled)
- HB 44 Pre-Apprenticeship Programs
- HB 62 Farm & Ranch Employers WC
- HB 109 Employer Pretax Health Coverage
- HB 254 CID Revocation of License
- HB 300 Lien Law
- HB 329 Prevailing wage (duplicate SB33)
- HB 421 Right to Work Act
- HB 478 Construction Revocation/Penalties
- HB 516 Equipment Registration
- HB 599 Building Codes
- HB 600 Public Record Inspection Violation
- HB 689 Construction License statute
- HB 733 Recovery Fund
- HB 768 Hoisting operator license/penalties
- SB 9 Farm & Ranch Employers WC
- SB 280 Building Inspection Fund
- SB 363 Sub-Bonding
- SB 385 Job Security Act
- SB 597 Utility Facility Markings
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Associate Showcase
 Do you wish you had a little more time at NUCA of NM Meetings to talk to members? Well, on April 16, 2009 you will have that opportunity at the Associate Showcase. As an Associate member of the NUCA of NM you may participate in this event at no charge.(only NUCA of NM Associate members can participate as a vendor) We'll start early at the regularly scheduled membership meeting so that our members, guests, and potential members can browse around a display area where you may set up a booth or just have a place to talk. Interested?
CLICK HERE - Associate Brochure and to Register for a booth.
CLICK HERE - Participants to view the flyer and registration information.
or call the Association office at 505 888 0752.
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EFCA -- NUCA in the fight
Excerpt from the NUCA Washington Report - 03/16/09.
"Card Check" Legislation Introduced in Both House and Senate. The long-awaited and notorious Employee Free Choice Act was introduced in both the House and Senate last week. The legislation (HR 1409/S 560), better known as the "card check" bill, would allow for unionization of a company through a collection of "authorization cards" from a majority of employees instead of allowing an employer to call for a secret ballot as currently required under the National Labor Relations Act. The bill would also provide for binding arbitration between workers and employees in some situations. Under the legislation, once a union is recognized, it would be required to negotiate a contract with management. If the parties do not reach an agreement
within 120 days after the union is recognized, a government arbitrator would be appointed.
Finally, the bill would increase fines up to $20,000 per violation for unfair labor practices committed by employers and triples back pay to employees who are discriminated against during an organizational campaign.
While the legislation had broad support on the day it was introduced (222 original cosponsors in the House, 39 in the Senate), the measure is loathed by the business community and like-minded friends in Congress. President Obama has indicated his support for the bill, but insiders believe he would prefer that it not be moved while he is focused on getting the American economy back on
track.
The pressure is rising quickly on moderate Republican senators who have shown past support for the bill but are feeling the heat from virtually all American business organizations. NUCA, as a member of the Coalition for a Democratic Workforce (CDW), is fully opposed to card check legislation and looks forward to fighting this bill from start to finish. Circumvention of the secret ballot process is a slap in the face of democracy, and the last thing American businesses need right now is the federal government in a position to dictate terms of employment. Rest assured, this will be a hard-fought battle for months to come, and we hope you will help us in our efforts to protect businesses from the disastrous provisions of this bill.
Reprinted with permission from the National Utility Contractors Association.
Eben Wyman
Update 03/24/09 Senator Spector (R PA) has stated that he will vote against this legislation. This is good news because he was the only Republican to vote for this type of legislation two years.
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Proposed OSHA Language
The New Mexico Environmental Department Occupational Health and Safety Bureau (OSHA) released an advisory notice on March 11, 2009 regarding teh Proposed Changes to NM OSHA Regulations, 11.5.2 NMEC, 11.5.3 NMAC and 11.5.4 NMAC, Prohibition Against Unlawful Drug Use and Alcohol Beverage Use in the Workplace.
NUCA of NM will submit comments by April; 10. 2009 on the new proposed language. We have already approved the language in part A and B from the first hearing in December 2008. The new language now is part C.
11.5.3.10 (Construction) PROHIBITION AGAINST UNLAWFUL DRUG USE AND ALCOHOLIC BEVERAGE USE IN THE PLACE OF EMPLOYMENT
A. Employers shall provide a place of employment that is free of unlawful drug use by employees and free of alcoholic beverage use by employees. To determine whether an employer has violated this subsection, the department shall consider whether the employer knew, or with the exercise of reasonable diligence could have known, of the presence of the prohibited unlawful drug or alcohol use.
B. Employers shall develop and implement a written policy prohibiting unlawful drug use and alcoholic beverage use by employees in the place of employment.
C. For purposes of this section, "place of employment" does not include a location where employees of an employer are present to participate in an event, the primary purpose of which is not work-related.
[xx/xx/09]
If you would like to comment on the new language, please contact the Association office at 505 888 0752 or nucanm@nucanm.org or you may contact Butch Tongate, Chief, Occupational Health and Safety Bureau directly and submit your comments by email to butch.tongage@state.nm.us or regular mail to:
NMOSHA
PO Box 5469
Santa Fe, NM 87502-5469
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Safety Library
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CHAPTER 2: EXCAVATIONS, TRENCHING, MANHOLES AND BACKFILLING - This interactive, 60-90 minute, computer-based training CD is divided into sections--Safety, Trenching, Bedding, Backfilling, Manholes, Dewatering, and Tie-ins
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CONFINED SPACE IN CONSTRUCTION - Shot on actual jobsites across the country, this 19-minute DVD can be used as a toolbox talk or as a complement to confined space training. In addition to a description of what constitutes a "confined space," the topics covered include: Regulations and permits, Training, Atmospheric testing, PPE (including respirators), Ventilation methods, Physical hazards, Lockout/blockout/tagout, Emergency plans and much more
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TRANSPORTING CONSTRUCTION EQUIPMENT - To help you determine the answer to that question, the National Utility Contractors Association (NUCA) has released a new 34-minute DVD that visually illustrates the Department of Transportation's Federal Motor Carrier Safety Administration regulation 49 CFR, Part 393 as it applies to the transport of construction equipment.
The information has been segmented by major topic to facilitate review and/or clarification:
Introduction
The Trailer Loading
Equipment Securement Points
Understanding Tie-down Equipment
Tie-down Procedures
On the Road
Conclusion
You can check-out and use these DVDs at no charge from the NUCA of NM Safety Library. |
| Next Newsletter - April 7, 2009
Legislative Review - April 1, 2009 | |
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Volvo Rents
Construction Equipment
2009 Gold Sponsors
AUI INC
NEW CONCEPTS
2009 Silver Sponsor
HD SUPPLY Waterworks |
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