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February 18, 2011- Volume 3 - 4                                                                                 
backtotopLEGISLATION INTRODUCED TO PROMOTE FAIR AND OPEN COMPETITION

 

Reform legislation introduced in both the House and Senate to promote fair and open competition in state and local government construction projects will save taxpayer dollars and create more accountability. 

 

Click here for full story. 

 

MICHIGAN CARPENTERS UNION OUTSOURCES PROTESTERS

 

Michigan Capitol Confidential, a news service from the Mackinac Center for Public Policy, discovers that the Michigan Regional Council of Carpenters uses non-union labor to protest a Grand Rapids area businessman. What's worse, the union has even recruited demonstrators who frequent local homeless shelters, including a shelter which gets help from the very same businessman targeted by the union.

 

Click here for full story. 
 

BILLS INTRODUCED IN THE SENATE TO REPEAL PREVAILING WAGE

 

A few weeks ago Senators Arlan Meekhof, Jack Brandenburg, Dave Hildenbrand, Patrick Colbeck, Mark Jansen, Jim Marleau, Howard Walker, Dave Robertson, Tonya Schuitmaker, Phil Pavlov and Rick Jones co-sponsored Senate Bill 0095 and Senate Bill 0096 (2011), which repeal prevailing wage. 

 

Click here for full story. 

 
CORRECTION TO WINTER 2011 ISSUE OF MICHIGAN MERIT

 

ABC has become aware of an error in the article entitled "Commercial Construction Outlook has Bright Spots" found on pages 9-13 of the Winter 2010-11 Issue of Michigan Merit. For your convenience we have posted a corrected copy of the article on our web site at www.abcmi.com or you may click here to read the corrected version of the article.    

 

Click here for full story.  

 

CITY OF TROY LAWSUIT:

 A Message from Michigan Association of Home Builders

 

Can a local unit of government turn its building department into a cash cow and use the fees charged by that building department to make up for steadily declining revenues? The city of Troy thinks it can and other local governments around the state are getting ready to follow Troy's example. Through its Legal Action Fund, the MAHB is suing Troy to stop this illegal practice and to prevent other cities and townships from following suit.

 

Click here for full story.  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In This Issue
Legislation Introduced to Promote Fair and Open Competition
Michigan Carpenters Union Outsources Protesters
Bills Introduced in the Senate to Repeal Prevailing Wage
Correction to Winter 2011 Issue of Michigan Merit
ABC Testifies Before Senate on Need for Tech-Vocational Training

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About ABC of Michigan
Associated Builders and Contractors of Michigan is a statewide trade association, working in partnership with four local chapters, dedicated to providing Michigan with high-quality, affordable, safe and on-time construction.  ABC of Michigan is an equal opportunity organization that opposes all discrimination in the construction industry including discrimination based on union affiliation. A leading construction industry voice with state government, ABC provides many member services including legislative advocacy, networking opportunities, member benefits, legal updates, business development and educational opportunities.
 
ANTIPLALEGISLATION INTRODUCED TO PROMOTE FAIR AND OPEN COMPETITION

 

Reform legislation introduced in both the House and Senate to promote fair and open competition in state and local government construction projects will save taxpayer dollars and create more accountability.

  

Legislation sponsored by Rep. Joe Haveman (R-Holland) and Sen. John Moolenaar (R-Midland) and dozens of co-sponsors, would essentially eliminate union-only project labor agreements (PLAs), a practice that diverts public construction projects to only contractors and workers subject to union collective bargaining agreements, effectively cutting out approximately 75 percent of the Michigan construction workforce that chooses not to belong to a union. The legislation likewise prohibits anti-competitive contracts that deny unionized construction firms and workers work opportunities.

 

"Senate Bill 165 and House Bill 4287 will help drive public construction costs down and ultimately save scarce state and local budget dollars," says Chris Fisher, ABC of Michigan president.  "Such agreements waste taxpayer money because they significantly eliminate competition, forcing costs up.  Excluding workers, contractors or subcontractors from working on projects funded by their own tax dollars on the basis of labor affiliation is discrimination plain and simple, but it's also financially irresponsible amidst Michigan's current budget challenges.  Open competition is the best guarantee of accountable public construction."

 

The bill pertains to state and local government construction projects and will affect all public education institutions - local schools, colleges and universities - as well as township, city, and county construction. 

 

Click here to return to top of Merit Minute. 

 

outsourceMICHIGAN CARPENTERS UNION OUTSOURCES PROTESTERS

 

Michigan Capitol Confidential, a news service from the Mackinac Center for Public Policy, discovers that the Michigan Regional Council of Carpenters uses non-union labor to protest a Grand Rapids area businessman. What's worse, the union has even recruited demonstrators who frequent local homeless shelters, including a shelter which gets help from the very same businessman targeted by the union.

 

Dégagé Ministries provides a "safe, Christian alternative to the streets" for many hard-luck cases living in the Heartside neighborhood of downtown Grand Rapids. With an $850,000 annual budget, it helps provide blankets, meals, shelter and more for those who can't provide these necessities for themselves. Dégagé is currently funded entirely by private donations and not government help, according to executive director Marge Palmerlee.

 

One of those private donors is Ritsema Associates, a construction contractor headquartered in nearby Grandville.

 

"Your company has supported us both financially and with numerous in-kind donations for which we are very grateful" wrote Palmerlee in a recent letter to Bill Ritsema, president of Ritsema Associates. She felt moved to write the letter because some Dégagé patrons are being hired by Big Labor bosses as part of an "aggressive public information campaign" aimed at trashing the reputation of Ritsema Associates.

 

Though hired by the Michigan Regional Council of Carpenters to hold up signs and pass out fliers denouncing Ritsema all over the city, few of those doing the demonstrating have ever been carpenters at all and don't appear to have any clue that the company they are protesting has generously supported a local ministry that often provides a safety net for them specifically or people like them.

 

Starting this summer, the MRCC began to hold daily demonstrations outside of the businesses, hospitals and schools that hire Ritsema to do construction work. None of Ritsema's employees are MRCC members, and the union does not claim to represent the employees of his customers. Yet, the MRCC says the demonstrations are part of a "labor dispute" directed at Ritsema because of the MRCC's assertion that the company does not pay "area standard wages."

 

The union does not provide any factual evidence to support this charge. And, given that they do not appear to represent anyone involved the business transactions that they are attempting to interfere with, they have also provided no explanation for why they should be considered an authority on what the pay scales should be. As noted in a previous MichCapCon.com story on this matter, nearly 80 percent of Michigan's construction workers are non-union, making it unlikely that the MRCC is an accurate source of data regarding what a "standard" wage for the work should be.

 

Ritsema is aware of no labor dispute with any of his employees, whom he calls a "great group of guys," and says that since his father founded the company in 1955, no effort has ever been made to unionize its workforce. He suspects that the "standard wages" accusation by the MRCC isn't really the issue, noting that the MRCC started making trouble for him shortly after he successfully outbid unionized contractors for a job in Indiana. 

 

Click here to read the full article and watch the video at Michigan Capitol Confidential. 

 

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PREWAGEBILLS INTRODUCED IN THE SENATE TO REPEAL PREVAILING WAGE

 

A few weeks ago Senators Arlan Meekhof, Jack Brandenburg, Dave Hildenbrand, Patrick Colbeck, Mark Jansen, Jim Marleau, Howard Walker, Dave Robertson, Tonya Schuitmaker, Phil Pavlov and Rick Jones co-sponsored Senate Bill 0095 and Senate Bill 0096 (2011), which repeal prevailing wage. 

 

Michigan's prevailing wage law increases construction costs by at least 10 percent by mandating wages on state-supported construction projects be determined exclusively by labor unions, even though 78 percent of the state's construction work force chooses not to belong to a union.  ABC supports competitive, fair-market wages that are neither artificially low nor high, instead of prevailing wages that inflate pay rates by 40 to 60 percent.  Michigan's average construction wage already exceeds $20 per hour, 28 percent higher than the overall median wage in the state. 

 

 "Our state is wasting taxpayer dollars and turning its backs on jobs by recklessly paying wage mandates it cannot afford," Chris Fisher, President of ABC of Michigan, says.  "Eliminating prevailing wage, as other states have done, would create thousands of new jobs."

 

In the past few years, newspapers across the state have been critical of prevailing wage laws including the Detroit News, Lansing State Journal and Grand Rapids Press.  "As elected officials pledge to reform state government and focus their efforts on creating good jobs in Michigan," Fisher stresses, "ABC encourages quick action to promote reform that will bring jobs and investment to our state at a time when it's needed more than ever." 

 

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CORRECTIONCORRECTION TO WINTER 2011 ISSUE OF MICHIGAN MERIT

 

ABC has become aware of an error in the article entitled "Commercial Construction Outlook has Bright Spots" found on pages 9-13 of the Winter 2010-11 Issue of Michigan Merit. For your convenience we have posted a corrected copy of the article on our web site at www.abcmi.com or you may click here to read the corrected version of the article
.
   
 

Click here to return to top of Merit Minute.

 

TROYCITY OF TROY LAWSUIT:

A Message from Michigan Association of Home Builders

 

 

Can a local unit of government turn its building department into a cash cow and use the fees charged by that building department to make up for steadily declining revenues? The city of Troy thinks it can and other local governments around the state are getting ready to follow Troy's example. Through its Legal Action Fund, the MAHB is suing Troy to stop this illegal practice and to prevent other cities and townships from following suit.

 

During the late 1980s and throughout the 1990s it was common practice for local units of government to set their building permit and inspection fees well above what was needed to run the building department. The excess money was then used to finance other government operations including the construction of fire houses and jails.

 

When the Single State Construction Code Act was passed the MAHB took special care to write language into the law ending this practice. Building permit fees can't exceed the cost of running the building department and can't be used for any other purpose.

 

For ten years, even as local governments were running into financial difficulties, they followed the law. When they started to stray the MAHB and local HBAs brought them back into line.

 

Then temptation beckoned in the form of a private company that promised they could turn building departments into "a zero-risk source of revenue." This company solicited local governments across the state to let them assume "the responsibility and costs for all building department services, so you can focus on other critical municipal matters while still retaining a portion of the building department revenue."

 

Cash-starved, deficit-ridden Troy didn't just take a bite from the forbidden fruit, they devoured the whole thing.  Troy signed a contract to have that private company operate their building department. The private company retains 80% of all fees and pays 20% of the fees to Troy. Troy then deposits the excess fees into its general fund where they are used to pay for other city departments and services.  In just the first three months the contract was in force (July, August and September of 2010), the illegal 20% surcharge on all building permits allowed Troy to place $140,607.83 of building department revenue into their general fund.

 

Aided by the private company, word of Troy's new found wealth and how they got it spread and other local governments suddenly got thirsty. A single cash cow is turning into a dairy farm.

 

The city of Pontiac published a "request for proposal" (RFP) from private agencies to operate their building department that included a requirement the successful bidder must "develop a fee structure that guarantees a revenue stream to the City based on a percentage of gross income."

 

Genoa Township in Livingston County signed a contract to run their building department with same private company used by Troy. What makes Genoa's action so ominous is they do not currently have a building department.

 

Think about what it means if we lose on this issue. A 20%, 25%, or even higher surcharge on every permit you pull and every inspection you have done. Every reinspection becomes a way of generating more money from you to be used on anything they want.

 

Take the fee for just one of your building permits and click here to donate an amount equal to 20% of that fee to the MAHB Legal Action Fund. Your one-time contribution will be used to keep your business from becoming a free ATM for an unrestrained local government.

 

 

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