COMET

While overall unionization rates have declined from a high of 35 percent in 1945 to the current 16 percent, the decline in unionized construction workers has been even more precipitous. In 1947, the construction industry had 87 percent of the workers organized in unions, but by 1995 only 17 percent of the industry was organized.

These days, more building and construction trades unions are making organizing a top priority again. And more unions are using aggressive and innovative tactics like COMET organizing and "salting" of non-union employers, a winning combination of the best techniques known to gain new members and assure existing members of a future with good wages, benefits and working conditions.

Construction trades unions have long been aware that their strength, and even their survival, is dependent on their ability to control the labor market and take wages out of competition. Given the nature of construction work, unions can control labor markets within the industry by acting as hiring halls, administering health and pension plans, and providing apprenticeship training and skill upgrading. Organizing will often succeed by educating potential union members and contractors on the benefits of union affiliation, but this is not always enough.

Dabbers and Sparkers
One union on the rebound from a steep decline in membership, Painters Local 802, is regaining lost ground with an aggressive campaign against 14 non-union contractors who are undermining the wages and benefits of working trades people throughout South Central Wisconsin.

Local 802 uses "salting," a technique pioneered by the International Brotherhood of Electrical Workers (IBEW) and affirmed in a recent Supreme Court ruling, which sends union organizers out to apply for work with non-union contractors. "Salts" may hire-in "covertly" with the intent to organize by engaging in "concerted activities for the purpose of providing mutual aid and protection," activity protected under Section 7 of the National Labor Relations Act. If the employer is known to be anti-union, "salts" may apply more "overtly," by displaying evidence of their union sympathies with union caps, jackets, shirts or buttons. If "salts" are passed up for hiring the union then has grounds for an Unfair Labor Practice charge (ULP) of illegal discrimination.

The tactic is so successful that organizers can effectively shut down a contractors' hiring if they continue to prove unwilling to hire "overt" union organizers and the union responds with additional ULP charges. Contractors who violate the law soon discover that opposing the union can become expensive and time consuming. Whole construction projects can be shut down when other unions walk off the job after a ULP strike is called and a picket line goes up.

Local 802 called a ULP strike against a targeted contractor, Genesis Painting, after learning that the company had hired twenty new workers, discriminating against three openly union workers who had applied. Genesis did not even interview the three union applicants. "For centuries, the employer has been telling us what to do, but we're turning the tables on them. We're taking the offensive. There are too many profit-mongers out there who short the community of a living wage," said Bill Moyer, business agent for Painters Local 802.

Moyer's union has signed union contracts with six contractors in the last 12 months. "While not enough, they are six of the many steps we need to take in the fight for economic justice for all workers in our trade and those around us," said Moyer.

COMET training is another weapon in Local 802's arsenal in the war to regain the market share for union work and bring workers and their jobs into the union. COMET (Construction Organizing Membership Education Training) educates union members on the "whys" and "hows" of organizing to maintain and improve wages and benefits. Nationally, COMET has been attributed with an increase of 8,000 union members in the last year alone. Painters Local 802's goal is to put all members through COMET training by making it a requirement, generating a wealth of information members will carry with them onto the streets.

IBEW blazed the trail for "salting" and COMET training with great success over the last 10 years. By using legal means provided under the National Labor Relations Act, IBEW Local 159 frequently shuts down hiring of non-union electricians and has increased membership in the union by 5 percent over the last year, said Billy Harrelson, an organizer for Local 159. "Open shop" electrical contractors are suffering staffing shortages and Local 159 1plans to make that situation much worse in the months ahead.

Part of Harrelson's job is to strip the best workers from non-union contractors by getting them hired into union jobs, a further detriment to a targeted employer. IBEW "salts" who gain employment are also well versed in their rights. If they identity OSHA violations or noncompliance with workers comp, overtime and prevailing wage laws, the union can really put the squeeze on the employer. When a recalcitrant contractor is faced with losing the most qualified workers, citations for safety violations, or fighting ULPs in court, the benefits of a signed union contract can begin to look more attractive.

"Non-union contractors will exploit the workers, intimidate them and make them work under unsafe conditions, all while putting more of the profits into their own pockets," said Harrelson, who believes that only one percent of the "open shop" workers have any idea of what their rights are under labor law.

Although union workers get a high percentage of the large jobs in the Madison area, the Painters' union has only 28 percent of the area workforce organized and competition from a growing number of small contractors is hurting the union. Laid off union members may even decide to "freelance" or start their own business and wind up in competition with union workers.

One of the problems Moyer faces is that, "Given the current boom in the construction industry, union members don't think there is a problem," he says, quickly adding that things could get tough in a 'bust' economy. "In bad times it's hard to convince people that the union can do better."

Other unions stepping up organizing efforts are Sheet Metal Workers Local 18 and Carpenters Local 314 (see Sawdust on p. 6). The Sheet Metal Workers have recently hired two full-time organizers, for a total of three statewide. "Over the last five years the union has regenerated the emphasis on organizing," said Mike Engelberger, vice president and business representative for the union. "We had gotten away from organizing and that's why we're in trouble now," said Engelberger. "Organizing really is the only answer."

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