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Supervisors reignite debate over project labor agreements

October 27th, 2009, 7:13 pm · 6 Comments · posted by Jennifer Muir

Supervisors voted unanimously this afternoon to create an ordinance barring the county from requiring union agreementsĀ  on county construction projects.

The ordinance doesn’t change a longtime county practice - an effort they say was aimed at encouraging competition - it only makes it more difficult to reverse.

Still, a standing-room-only crowd of union and nonunion workers, leaders and advocates were there to lobby the board on the issue.

So what does it all mean and why were they discussing it today?

First, a little history: In 2000, the county adopted a policy that promised union work on larger-scale county public works projects in exchange for workers giving up their right to strike. The issue was controversial at the time, as critics accused the board’s majority of offering the so-called project labor agreement policy in exchange for their support of a proposed commercial airport at the El Toro Marine base.

Opponents said the agreements virtually shut out competition because it made it nearly impossible for nonunion labor to bid on contracts.

Proponents said the deal guaranteed high quality workmanship, guaranteed good wages and saved the county cash.

Four years later, the board decided to reverse the practice, saying it amounted to preferential treatment for unions.

“I don’t understand why the county should force someone working on a county contract to pay union dues,” Supervisor Bill Campbell said at the time, according to the Los Angeles Times. “We should be about freedom of competition.”

And ever since, the board’s policy has been not to require such union agreements on public works contracts.

Then in February, President Barack Obama lifted the Bush administration’s ban on project labor agreements, which set off a rush of them cropping up in California municipalities, said Jackie Lyn Nutting, a government affairs director for the Southern California Chapter of Associated Builders and Contractors Inc.

So a coalition of builders joined forces to discourage cities from following suit. Eric Christen , the director of a Coalition for Fair Employment in Construction, said he has frequently discussed the issue with Supervisor John Moorlach.

Moorlach said today he brought up the ordinance to solidify the board’s policy: “PLA agreements are anti-competitive and discriminatory and tend to reduce the number of contractors willing to bid on a particular project,” he said.

But opponents called the move simply “anti-union” and accused board members of shutting them out of the process of formulating the ordinance.

“It’s disappointing,” said Richard Slawson, executive secretary for the Los Angeles/Orange Counties Building and Construction Trade Council. “There is no other way in the United States for workers to have their voice heard in the work place other than to form a union and negotiate.”

Some 26 people spoke out at the meeting — about half in favor of the ordinance and half against it. Many said they’d return to next week’s meeting for the second reading.

Supervisor Chris Norby, who voted for the proposal, said the board should be more careful revisiting policies when they’re not changing anything.

“It seems to open up old wounds,” Norby said. “To simply restate what is old policy misleads the public that we’re proposing a change, or misleads the public that we’re really considering a change.”

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Posted in: Supervisors
 
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 6 Comments

  • cynthia says:

    what on earth is an “orange county supervisor”? i’ve heard the myth…. but never seen any signs of life or how it would change my life for the better….
    confused and disalusioned in costa mesa

  • SavvyRead says:

    With time in scarce supply, there are volumes to be written, but not right now.

    Richard Slawson is a UNION Honcho, salaried by dues on payrolls, that would be billed to taxpayers, just as those of public employees to their UNIONS; he is predictably “disappointed,” AND he is WRONG to assert “workers” won’t have a “voice,” when UNIONS are known for squashing opposing “voices.” Like the reactiionary effort to their domination.

    Gerald W. McEntee, President of American Federation of State, County and Municipal Employees , exploded in anger at proposals to tax THEIR “cadillac health benefit,” given they “worked like hell” to elect Democrats at municipal, county and state levels and they also put President Obama in office and drove his election. We get the bills! The most vulnerable amongst us pay their share as programs crucial to their quality of lives have become unaffordable due to the unsustainable costs of obscene compensation packages of unions, whether cost components of public contracts or those for public employee, together with services for all of us.

    Particularly at this time of economic havoc, these people keeping stomping for MORE and MORE. There thousands without jobs of the health care that went with them and perhaps trying to hang on to homes.

    This is a time to compare and contrast the claims of public employees of the pensions rewarding “sacrifice,” say what? Layoffs?
    Not just locally, the UNION bureacracy of the federal government is below public radar.

    People aren’t fire for less than capital crime in public view. Those productive and ambitious reject environments where they are treated as widgets.

    The industrial era was cruel, there were not the systems of education of today much less those for support of periods of retraining; unions got a foot hold in those times and proceeded to invade the public sector to destroy every sector of infestation. Law enforcement, socials services, medical facilities as LA County’s KING DREW HOSPITAL SHUT DOWN because of patient abuse and malpractice and even deaths.

    HEALTH CARE REFORM is hung up because of JOB SLOTS of administrative personnel of bothproviders and facilities, and insurance companies UNIONS HAVE ORGANIZED.

    SINGLE PAYER UNIVERSAL COVERAGE would work much like MEDICARE with free choice of providers and facilities, and cost savings realized from reduction of administrative costs, those advocating for reimbursement against the heavily fortified resources of insurers that are their adversaries.

    Without SINGLE PAYER UNIVERSAL COVERAGE, leave the system alone until there is TRUE REFORM, not just a political “score,” that can create choas that will take decades to reverse, just as it has it has been realized for decades that our systems are not humane, just of fair.

    As for UNIONS, look at the auto industry, the airlines, manufacturing off shore. In N CA, Fremont, all workers in that auto factory recently shut down, earned the same $29/hr whether on the assembly lines or counting inventory. Surely there are distinguishing requirements of technology and basic ability to count! Their epitah is their own making.

  • SavvyRead says:

    Cynthia. John Moorlach represents your city on The Board of Supervisors and he is an outstanding leader of public policy. The issues arises as to the former El Toro Marine Base and the development of a “great park,” and also the prospect of the county purchasing the Fairgrounds.

    These are the new realities, brought to prominence by our economic chaos, should UNION DEMANDS take precedence over the public welfare, heatlh and safety?

    The commerce of corruption where taxpayers unwittingly pay union dues built into all cost structures passed through and the DUES build the POLITICAL ACTION FUNDS of UNIONS then applied to further their interests, adverse to the public interest, by such “successes” boasted by the head of the municipal, county and state workers federation electing their representatives to office has to end..

  • Richard Slawson says:

    John Moorlach is a disgrace, as are the other “elected” supervisors. How can any Orange County voter support people who neglect the oath of office by actually refusing to meet with constituents over an issue before their body. The Craft Unions, whose elected officers are the only people representing the interests of workers and their families in the construction industry, were refused any time to provide documentation on the effects of Project Labor Agreements on County Projects and in turn the County’s taxpayers.

    All this blather about Unions furthering their own interests is only being listened to by the same old business only interests that shot workers down at the turn of the last century. Workers know that they are doing worse than their parents did when Unions weren’t road blocked by business’ phony lawsuits and anti-union court decisions. Unions work for every worker - in a Union or not. Union negotiations that win a better pay check for one worker means that other workers can ask for a fair share at their workplace as well.

    As far as Unions demanding more, that is exactly what we are dedicated in doing - demanding more for working families - more income as a share of business profits, decent and safe working conditions, medical benefits and a secure and respectable retirement.

    State workers average $39 thousand a year and public agencies don’t pay into Social Security for them. Their only pension is their public worker pension. If you want to see who makes the big money in State Government look at the Managers, Department heads and Governor’s Staff. Hundreds of thousands a year are paid to the “non-union” management and they are the one that are spiking their retirement. Begruging public employees fair pay, medical and retirement benefits is either jealousy or ignorance. More than likely it is simply right-wing, corporate politics in an attempt to undermine Unions.

    Tuesday, November 3rd, the Supervisors are going to vote for an ordinace that even Supervisor Norby called “unnecessary.” There is a conspiracy against workers voices in Orange County and it is evident when the Board of Supervisors meet with company paid for lobbist and the Orange County Register prints only one-sided, anti-Union, pro-business editorials, one after another. All this is happening when the Supervisors won’t meet with labor representaives and the Register’s editors, including Kathleen Black, refuse to meet with labor representatives as well.

    Labor Representatives will attend the Board of Supervisors’ meeting again on Tuesday with the expectation that the Supervisors will vote to enact their propaganda ordinance. However, workers and their representatives won’t be quite, and they won’t go away. Workers need to be organized or business bosses and elected officials won’t listen. Thank God that we have some elected officials that believe that workers, who are taxpayers, parents, soccer coaches, Scout Leaders and Union Stewards, have a right to respect. It’s a shame that the five Republicans that sit as Board of Supervisors can’t see that what they are doing by not allowing workers to time to provide their side in the dicussion of this unnecessary any overstated ordinance, is undermining their own credibility. Their vote should bring more workers to the realization that they need strong Unions if they are ever to have a voice that will be heard.

    Workers together always do better!

  • Philip Piel says:

    Calm down Richard. What exactly does a Project Labor Agreement do? Does it in any way effect the hourly wage a worker makes on a project? NO, the wage is set by the state and is the same amount regardless of a PLA being in effect.
    Does a PLA effect the safety of workers on a project? NO. OSHA does not cover work sites differently depending on labor agreements.
    Does a PLA prevent contractors from not making pension contributions or insure health insurance contributions are made? NO. Labor Compliance Programs and the state insure contributions are made.
    Does a PLA insure local work goes to local workers? NO. In many instances union workers from other areas are dispatched out of the local hiring halls because the limited local union workforce can’t man the job.
    Richard, just say it, many of us already know so go ahead and get it over with. PLAs do the following,
    Require non union workers to pay in to UNION retirement and Health plans. No big deal right? Here’s what you won’t say, due to vesting, the non union employee will NOT SEE ONE DIME of their hard earned retirement money under your PLA. Due to union rules for qualifying for health benefits non union employees will NOT get the health insurance THEY paid for.
    Perhaps the next post you write could explain to us why, under a PLA, a non union contractor has to pay “his fair share” of YOUR union pension deficit? That’s right, a non union contractor signing your PLA agreement is forced to bail out failing union pension plans by making a prorata payment at the end of the job.
    Can you explain why a succesfull non union contractor would have to hire 50% of his / her workforce from the union hiring hall? Maybe you could cover the issue of why non union employees have to pay union dues under your PLA?
    We get it Richard, who wouldn’t want rules that make it virtually impossible for anyone to compete? The problem is your special rules cost us money. What non union contractor would subject their employees to your special rules?
    Time and time again I hear you and those of similar mindset tell us you have a better trained and better performing workforce, I ask you, do you really need special rules to compete? Construction work is based on three principles, labor costs, material costs and profit. The hourly wage is set by the state, materials are set by supply and demand and profit depends on market conditions. Assuming union contractors don’t need higher profits than non union contractors and assuming non union contractors can’t buy materials cheaper that leaves labor costs. Wouldn’t a “better trained” workforce be able to do work in less time equaling less man hours and a lower bid? Why do you need special rules to compete?
    Richard, you have the upper hand, you don’t need back room deals, environmental extortion or threats of picketing and job interruption to get work, do you?

  • Richard Slawson says:

    To Mr. Piel:

    First; workers pay dues for representation. You don’t really believe that workers would recieve livable wages, retirement, medical and training coverage without a Union do you? Your not trying to tell the public that employers would provide any decent wages or benefits without workers being organized, are you?

    Second; its a lie that the workers under project labor agreements don’t recieve the benefits that are paid to federally protected benedfit plan. There has been over $60 billion in construction projects in Los Angeles and Orange Counties over the las two decades that have been covered by PLA’s. Tens of thousands of Craft workers have gained retirement benefits that will be there for them when they retire and have been covered for the first time in their lives with a medical plan.

    You are also lying by ommission when you fail to disclose that 98% over Craft workers are not steady with a contractor and are only hired when a contractor has a project. For the non-union its hiring is done in front of Home Deport. They don’t provide any benefits and cheat when ever they can. Your right when you said that the non-union contractors don’t want to submit their employees to our “speacial rules”, because they don’t want any rules that the employees have had a hand in creating. Non-union contractors hire and fire, just the same as the Union contractors do, however, Union contractors pay into the same benefit Trusts for all of the employees in a particular Craft and the employee keeps his benefit plan in place from contractor to contractor. That includes those workers who haven’t joined the Union, if they are working on a project covered by a PLA.

    Union workers and Union contractors don’t need speacial rules, they just need a level playing field. Especially when non-union contractors are breaking the law every day to be the low bidder on public works projects. No workers compensation insurance, lax safety, wage violations are the norm for non-union contractors. You know it and I know it. The Supervisors want to ignore it and cause the taxpayers in Orange County to pick up the tab for medical services for all the uninsured workers that wind up in County Emergency Rooms.

    I’m a Craft worker and proud of it and I know exactly how the Construction Industry works. Most people have relatives that work in Union Construction and some that don’t. They know what the difference is and can tell stories about Grampa, their dad or brother who has good pay, medical care and a decent retirement. You and the non-union contractors have been trying to destroy the industry for years. Thank God that the majority of elected officials in California realize that Unions have supported the middle class and helped to make California great. They know that, just like our economic system, you can’t deregulate everything without business bosses taking advantage of working people.

    We’ll keep working hard for a fair work place and you can continue to tell people that busines bosses will take care of them.

    I’m sticking with the Union.

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