Laborer
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The Wisconsin Laborer |
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| 931 members honored for years of service |
| 30 to 50 year members of Laborers’ Local #931 were recently honored for continuous years of service. Pictured are, front row (left to right) Duane Coenen; Randy Hanus; Ralph Gallow; Ken Spaulding; Gary Peterson; Ron Knaack; Gale Zietlow; Jim Shepard; Milton Knaack; and Merton Shepard. Second row, Mike Ryan, District Council Business Manager; William Richie; Gerald Hoier; Eldren Young; Bill Davis; Wayne Richie; Arlyn Peus; Lloyd Stillman; Mike Mohawk; Joe Phillips; Bill Raatz; and Chris Konz. Back row, Terry Healy, LIUNA Regional Manager; Ed Rogers; Clarance Krause; Don Grissman; Tom Flanagan; Gerald Peotter; Ed Klitzke; Lyle Shepard; Larry Richie; and Dick Geneske, Business Manager. |
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| Health and welfare funds
adopt uniform reporting procedures By Michael R. Ryan, Business Manager |
| When Laborers work for brief or extended periods of time outside their Local Health and Welfare Funds' jurisdiction, their employer is required to pay benefits to the Health and Welfare Fund of the area in which the work is performed. |
| This does not mean a Laborer lost benefits while working outside the local Fund's area. There is reciprocity between all Laborers Funds, even if the work is performed outside the state. |
| However, for a variety of reasons, there had been occasions when participants did not receiving proper credit in their local fund for hours worked in another funds area. Over the years, the frequency of those incidences has been increasing. |
| To alleviate the problem, District Council Delegates last Fall requested Laborer fund administrators in the state to review the problem and adopt procedures to better ensure that plan participants receive prompt and accurate credit for hours worked outside their local fund’s jurisdiction. |
| After reviewing the matter, fund administrators agreed to a uniform reporting procedure that gives plan participant greater control over the reporting process. |
| Laborers intending to work outside the jurisdiction of their home local should now follow these easy steps to make sure hours worked are properly reported to their Home Health and Welfare fund. |
| Prior to working outside the Local’s jurisdiction, visit the office of your home fund and pick up a transfer form. |
| Complete the transfer form and mail it directly to the Away Fund. This assures you of the quickest possible transfer of contributions back to your Home Fund. |
| Or, |
| If you did not obtain a transfer form from your Home Fund prior to working outside your Home Fund’s jurisdiction, telephone your Home Fund as soon as possible to request that a transfer form be mailed to you. |
| Promptly complete the transfer form and mail it to the Away Fund as soon as possible. |
| The transfer form should not be mailed to your Home Fund, nor should it be mailed to your Local Union. Mailing the completed transfer form to either your Home Fund or to your Local Union will only delay your transfer request. |
| If you are traveling and wish to have contributions sent to your Home Fund, you are reminded that once you have obtained the appropriate transfer form, it is your responsibility to file the completed transfer form with the Away Fund as soon as possible after leaving the jurisdiction of your Home local. |
| Participants are urged to always follow the above procedures and to avoid delays in having benefit hours reported and credited properly. |
| It is the responsibility of each Laborer to make sure his or her benefits are being properly paid to their local Fund. Following these uniform reporting procedures will help every laborer meet that responsibility. |
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| The job of every member – protecting craft jurisdiction |
| As is the case in all construction crafts, laborer work has a defined jurisdiction that is recognized by employers and assigned to the laborer. |
| Jurisdiction continues to be the lifeblood of the union. In order to properly maintain the full jurisdiction granted to the Laborers International Union by charter from the American Federation of Labor in 1903, all representatives of the union, as well as its members, must be eternally vigilant in protecting our craft jurisdiction. |
| Occasionally, other crafts infringe on the jurisdiction of the laborer. Once that practice is established and recognized in an area it is often difficult and costly to have the work returned to the laborer. |
| When jurisdiction is in dispute, the matter is typically decided by an Administrative Law Judge, based on supporting evidence that may range from contract language to past practice in an area. |
| Of course the best defense of jurisdiction is a good offense. This generally means having local business representatives who learn to anticipate the work tasks before the employer makes a work assignment to another union, and who can obtain and document first or original assignment of the work. |
| This also means having knowledgeable members in the field who recognize possible problems and make these problems known to their local union representatives. |
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| Member-to-member |
| 113’s Johnson and Jordan Retire |
| Wisconsin Laborers’ lost 80 years of experience and leadership as Local 113 Business Manager William Johnson and Secretary-Treasurer Alex Jordan ended their careers as Laborers this past winter. |
| Johnson joined Laborers’ Local #988, a pavers’ local, shortly after moving to Milwaukee from his native Alabama in 1955. Johnson, who is African-American, recalled in an article in The Wisconsin Laborer last fall that he came north in search of greater opportunity, but found discrimination in the construction industry in the north as well. Despite that, he became that Local’s Business manager. |
| When the pavers’ local merged with Local 113, Johnson became Business Agent, and was elected Business Manager in 1992. |
| Over the years, Johnson served as a delegate to the District Council, on its Executive Board and as the Council’s Vice-President. |
| Johnson was also board member to the International Foundation, an association of health and welfare funds. As a board member, he was instrumental in implementing health and welfare policy affecting millions of construction workers and their families across the country. |
| Johnson’s impact and influence extended well beyond the Union construction industry. His leadership in his church, his involvement in the community and his service on various government and community boards over the years, are a testament to his genuine desire to improve the quality of life of all people. |
| Jordan joined the Laborers in 1962. At his retirement he was the longest serving delegate to the District Council – 24 years -- having first served in 1974. Jordan was also the longest serving active Secretary-Treasurer in the state – 21 years. |
| In addition to the Local, Jordan was an active member of the Laborers’ Political Action Committee and played a key role in elevating the political stature of Laborers on the local, state and federal level. |
| It is safe to say there is not a member in this state who has not benefited from the dedication and leadership Johnson and Jordan have demonstrated over the years on behalf of workers and our families. They leave an indelible mark on this industry – making it a better place for all workers. |
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| Manuals available |
| The Wisconsin Laborers’ District Council, in cooperation with its thirteen Laborer Local Unions across the state, have published the Wisconsin Laborers’ Manual – A member’s guide to the benefits, programs and services of the Laborers’ International Union. |
| The Manual begins with an historical background on the Laborers’ International and a nuts-and-bolts explanation of the structure of the Union including brief descriptions of the duties of Local Union, District Council, Regional, and International offices and officers. The Manual also includes descriptions of various benefits, programs and services ranging from Taft-Hartley health and welfare funds to Training and Market recovery. |
| The Manual is designed to increase a member’s understanding of what the Laborers’ Union is, how it works and why. It is intended to help members better understand and utilize the programs and services the Union has to offer as well as become a more active and involved member. |
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| New scaffolding improves efficiency, safety |
| Hydro-Mobile scaffolding is improving the efficiency of scaffold erection and safety for mason tenders. The scaffolding is assembled in sections and raised by power hydraulic lifts, eliminating the foot cranking and hand cranking that was necessary on Morgan and Safeway Towers. Walk planks under each raised section eliminate hand loading of planks for bracing, making bracing less time consuming while improving safety. Safety rails are also permanently attached to provide even greater fall protection. |
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| Wisconsin Congressional Watch |
| "Right to work" bill
introduced Congress to consider "right-to-work" for less bill … again by Terry Healy, LIUNA Regional Manager |
| "You will find some people saying that they are for the so-called ‘right-to-work’ law, but they also believe in unions. This is absurd – it’s like saying you are for motherhood but against children." Harry Truman, 1947 |
| Some 50 years ago, President Harry Truman warned working families about so-called "right-to-work" laws. It seems like every year since then some "right-to-work-for-less" bill has come up in Congress or a state legislature. |
| So, I wasn’t surprised last month to hear that this session, like last session, and the session before that, Congress will again consider a bill to eliminate union security clauses in collective bargaining agreements. |
| The so-called "National Right-to-work Act" of 1999 was introduced by Republican Senator Paul Coverdell (R-GA). |
| According to Coverdell’s introductory remarks, the bill will strengthen "the freedom of hard working Americans and ensures them the choice of whether to accept or reject union representation and union dues without coercion, violence, or workplace harassment." |
| What his introductory remarks neglect to mention is the fact that workers already enjoy these protections under the law. His remarks also failed to mention the huge disparity in wages, benefits and other quantifiable factors that currently exist between wage earners in so-called "right-to-work" states, and wage earners in "free-bargaining" states. |
| You see, for all the talk about "freedom" and worker "rights", so-called "right-to-work" advocates simply ignore the fact that not one of the 21 so-called "right-to-work" states has pay levels above the national average. |
| Surprised? You shouldn’t be. Over the course of a year the average wage earner in a "free-bargaining" state -- union and non-union alike -- takes home nearly $4,500 more than in any "right-to-work" state. In addition to low wages, as recently as a few years ago 11 of the 15 states with the largest percentage of people without health insurance were "right-to-work" states. |
| The sad truth is -- "right-to-work" is not about rights or about work. It’s about busting unions and making a mockery of collective bargaining agreements. |
| For the past 50 years, the "right-to-work" movement has been driven by the goal of destroying the right of working people to unite and collectively bargain. Despite early successes, over the last 35 years only two states – Idaho and Louisiana – have bothered to join the "right-to-work" list. Their movement has been a failure. |
| Today, after decades of defeat at the state level, so-called "right-to-work" advocates have decided to force their will upon "free-bargaining" states, like Wisconsin, which has always respected union security clauses in collective bargaining agreements. |
| All workers in Wisconsin – union and non-union alike – deserve to know about this bill and the long-term devastating effects this bill promises to have on working family wages and benefits. |
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| Anti-"Salting"
bill introduced Congress targets union organizing |
| A bill that would give employers the right to discriminate against union organizers seeking employment with non-union firms, was introduced in early February by Republican Sen. Tim Hutchinson of Arkansas. |
| The bill, nicely titled "The Truth in Employment Act" is the same bill that Hutchinson sponsored last year which failed to come up for a vote on the Senate floor. The bill is also identical to the bill that passed the House last session by a narrow 2 vote margin. That vote was strategically taken as many opponents of the measure were out of the country on official state visits in Africa. |
| The bill targets the union organizing technique of "salting" where paid or volunteer organizers seek employment with non-union firms as a means to organize the work force. |
| Once hired, salts develop personal relationships with co-workers and share with them, from first hand experience, the benefits of joining the Union. |
| While there are no guarantees that a salt can successfully initiate an organizing effort, if one develops, the salt is well positioned to respond immediately to any attempt by management to discredit the Union or intimidate other workers. |
| Regardless of whether or not an organizing drive develops, salts are in position to address other important issues. Typically, organizers are knowledgeable about jobsite safety and employment standards and are prepared to file complaints against employers with appropriate agencies should the employer be in violation of safety regulations or employment laws. |
| The United States Supreme Court has ruled that "salts" are employees under the National Labor relations Act and that employers cannot discriminate against union members in their hiring and firing practices. If passed, the bill effectively nullifies that decision. |
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| Legislative |
| DOT releases draft State Highway Plan |
| With one of every four Laborers in the state employed by road industry contractors, it is easy to see how the state Transportation budget impacts construction workers. Recently, the state Department of Transportation released its draft of a proposed State Highway Plan. The Plan provides a blueprint for meeting this state’s transportation needs well into the next century. |
| The state highway plan sets a balanced approach to transportation. It assumes that other modes of transportation, such as passenger rail service, bus and transit service, freight rail, and bicycle facilities, meet critical needs in our communities and should be expanded. |
| At the same time it recognizes the importance of the state trunk highway system in addressing current and future needs. The state highway system is aging and the SHP includes necessary pavement and bridge performance targets. |
| This is particularly true in southeast Wisconsin where the SHP addresses critical needs in southeastern Wisconsin’s freeway system. |
| The SHP also recognizes the need to fully coordinate transportation needs with community interests and land use planning. The plan includes provisions for working more closely with local planners to better anticipate and contain unwanted sprawl that might otherwise result from system upgrades and improvements. |
| Overall, the State Highway Plan is a sound one. However, the plan does raise some concerns. |
| The Plan falls short of the commitment needed to adequately fund the state’s rehabilitation program. Outside of southeast Wisconsin, the plan actually reduces our current level of commitment. Similarly, the Plan underfunds the Major Improvement Program by 25%. Over the life of the plan the draft proposal identifies an over $4 billion gap in revenues needed to fund the program. This huge shortfall assumes state funding will remain constant and federal funding will continue at present levels. These are simply not safe assumptions to make. |
| The plan also seems to define-away congestion in some routes by simply lowering acceptable threshold criteria. Redefining congestion does not mean the problem disappears – it only means that these areas of congestion will not receive proper consideration and review. |
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| Making the case to improve state prevailing wage law |
| This year, Wisconsin Laborers’ Legislative agenda includes various proposals aimed at improving state prevailing wage law. This is the first in a series of articles to provide members with information on these various proposals. |
| Allow certain wages paid on public projects to be included in survey data used to establish prevailing wage rates. |
| Current law prohibits the Department of Workforce Development from using wages paid and hours worked on "prevailing wage" jobs in survey data that the Department collects and uses in determining prevailing wage rates. |
| This rule seems consistent with the notion that private sector work, not public sector work, determines the prevailing wage and benefit levels in an area. However, this rule ignores the fact that in some instances workers on these projects are paid wages higher than the wages found to prevail in the area, and that by excluding these wages from the survey, the state, far from protecting area standards, may be undermining them. |
| There are many reasons why a worker, or a number of workers, may be paid more than the rate established for the project. There may be a collective bargaining agreement in effect that requires payment of wages and benefits that are above the rate established for the project. Or, an employer eager to maintain valued employees may simply choose to pay some employees at a higher scale, regardless of whether or not they are held to a collective bargaining agreement. In either instance – the collective agreement, or the individual agreement – the wage rate established is based on what the market supports in the private sector. |
| By prohibiting contractors from reporting the higher than prevailing wages paid on prevailing wage projects, the law removes high-wage hours from survey data. The end result can only be a lower established wage rate in the area. |
| If one of the purposes of the state prevailing wage law is to protect area wage standards, and if one of the results of this prohibition is to undermine area wage standards, the law must be changed. Contractors should be allowed to report public work on a prevailing rate survey, if the wage paid is higher than the prevailing wage rate established for the project and the wage reported is the same wage that has been paid on private sector work. |
| Allow 3rd party fund administrators to report prevailing wage survey data on behalf of contractors. |
| One of the purposes of conducting annual wage rate surveys of Contractors was to improve the accuracy of established rates. In the past, labor organizations submitted wage and hour estimates based on work performed in their area to the Department and the Department used this information as well as other information submitted by contractors to issue wage determinations for projects. Today, only contractors are permitted to submit survey information to the Department. |
| Limiting participation in the surveys to contractors has resulted in a severe under-reporting of hours. For example, contractors signed to agreements with Wisconsin Laborers reported 3 million hours to the Department last year, these same contractors reported nearly 9 million hours on behalf of workers to Laborer health and welfare funds. |
| While it is true that these under-reported hours includes work performed on state sponsored projects, it is also true that public sector work cannot begin to explain this 6 million hour shortfall. |
| Each month, signatory contractors report hours of work to Taft-Hartley health and welfare funds across the state. Each of these contractors and funds are subject to US Department of Labor audits to account for hours reported and to ensure proper reporting and payment is made by contractors on behalf of plan participants. These funds also send periodic reports to plan participants to further ensure proper reporting and funding. |
| Taft-Hartley health and welfare funds are uniquely positioned to improve the Departments wage data collection by improving a contractor’s ability to participate in the Department’s annual wage and hour survey as required under the Prevailing Wage Law. |
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| LECET |
| Wisconsin LECET attends job fairs |
| Wisconsin LECET attended a job fair in Eau Claire in March and has another job fair appearance scheduled in Fond du Lac in April. |
| These events are scheduled in conjunction with the local laborers unions. Wisconsin LECET, the Wisconsin Laborers Skill Improvement Fund, the Wisconsin Alliance for Fair Contracting and Laborers Local 317 in Eau Claire all contributed information for the trade show booth in Eau Claire this month. Next month, Laborers Local 1086 will join the mix in Fond du Lac. |
| These events are a good opportunity to inform job seekers about the career choice of construction craft laborer. Our training is second to none, our apprenticeship programs are moving forward, safety is a number one priority and our commitment to labor-management cooperation is unique. The excellent pay and benefits allow workers to support their families, stay healthy and plan for retirement. |
| The shortage of labor in the construction trades will make attending these type of events all the more important in the future. |
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| UW Professor tours training facility |
| The faculty coordinator for the University of Wisconsin-Madison Construction Club toured the Wisconsin Laborers Training Center and the Operating Engineers Training Center in late February. |
| Professor Jeffrey Russell, an engineering professor in the Construction Engineering and Management Program, toured the training centers on a day when laborers and operating engineers were doing joint training. |
| Russell works closely with the Construction Club at UW-Madison, a group of students who plan on working in the construction industry. The club has almost 100 student members and about 80% of them will go to work for Wisconsin contractors after graduation. |
| Wisconsin LECET plans to increase the understanding of union construction’s commitment to training, safety and productivity among these future construction executives. |
| The UW-Madison Construction Club and Wisconsin LECET will continue to
explore opportunities to cooperate during the education of these UW students.
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