Fall 2015 High Profile Songer Services Wins 2015 TAUC Photo Contest — See P

Advancing Union ConstruCTion and Maintenance

A Publication of The Association of Union Constructors | www.tauc.org | Fall 2015 High Profile Songer Services Wins 2015 TAUC Photo Contest — See p. 16

Lindauer: Beyond Drug Testing & New Government Competing Interests Legal Marijuana Affairs Column 08 14 24

30007_Magazine.indd 1 10/6/15 9:00 AM TAUC 2015 State of the Union Construction Industry Forum The Mayflower Hotel 1127 Connecticut Avenue, NW Washington, D.C. 20036 Wednesday, December 9, 2015 Registration is free – sign up now! www.tauc.org/STUC

30007_Magazine.indd 2 10/6/15 9:00 AM 30007_Magazine.indd 3 10/6/15 9:00 AM Advancing Union ConstruCTion and Maintenance

Register for State of the Construction & Turnaround Services theConstructionUser Union Forum, Holiday Announce New Hires A Publication of The Association of Union Constructors | www.tauc.org | Fall 2015

AUC Governing Open House Member Construction & T Turnaround Services, LLC AUC’s 2015 State of (CTS) recently announced the Union Construction the following new hires: T Industry Forum will take Ed Anderson, Senior Project place Wednesday, December Manager. Ed’s most recent posi - 9, 2015 from 8:00 a.m. to noon at the tion was with Nooter Construction, Mayflower Hotel in Washington, D.C. Inc., as Contracts Manager. Prior You can register online (it’s free!) at to joining Nooter, Ed spent www.tauc.org/stuc. four years with Delta Nooter as The half-day seminar-style forum Operations Manager, and nine years is a D.C. tradition, and gives union with Serv-Tech/Delta Industrial construction and maintenance execs Services as Project Manager and a chance to hear from experts on Operations Manager. Ed has exten- a variety of hot-button issues that sive experience in both Project and will affect their industry in 2016 and Turnaround Management. beyond. Eric Swyers, General This year’s keynote speaker is Manager, Eastern U.S. Eric’s most renowned economist Brian Beaulieu. recent position was President of Brian has served as CEO of ITR SST/Pullman, and he has extensive Economics™ since 1987 where he experience in both mechanical and Brian Beaulieu researches the use of business cycle refractory services. Prior to join - analysis and economic forecasts to ing SST, Eric spent over 15 years at increase profitability. He co-authoredMake Your Move, a book on increasing prof- CB&I with responsibilities ranging its through business cycle changes. Brian has been providing workshops and from field engineer to senior proj- economic analysis seminars in 7 countries to thousands of business owners and ect manager. Eric was involved executives for the last 30 years. in maintenance, turnarounds and Brian spoke at the 2013 State of the Union Forum and attendees are still talk- capital construction at numerous ing about his presentation, so we’re very pleased to have him back this year! Be refining, chemical and power facili- prepared for a fast-paced, high-energy overview of current economic and invest- ties throughout the U.S. and South ment challenges and opportunities. And bring a pencil and paper -- you’ll want Africa. to take plenty of notes. John Christian, Senior Project Also, be sure to mark your calendars for the night BEFORE the forum, when Manager. John comes to CTS another D.C. tradition will take place: our annual Holiday Open House, sched- from Air Products and Chemical uled for Tuesday, December 8 from 6 to 10 p.m. This year we’re doing things Co., where he was employed for 28 a little differently: instead of being held at the same hotel, the party will take years. John had many responsibili- place at Joe’s Seafood, Prime Steak & Stone Crab located at 750 15th Street, ties while with Air Products, rang- NW. Also, this year’s Holiday Open House is being co-sponsored by not just ing from Assistant Plant Manager to TAUC and NMAPC, but also North America’s Building Trades Unions, the his most recent position as Western North American Contractors Association and the General Presidents’ Project Region Turnaround Manager, Maintenance Agreement. where he was responsible for turn- Register for both events at www.tauc.org/stuc. arounds and projects at multiple facilities located in the western region of the U.S. and Canada.

4 | T h e C o n s t r u ct i o n U s e r • w w w . t a u c . o r g

30007_Magazine.indd 4 10/6/15 9:00 AM Advancing Union ConstruCTion and Maintenance theConstructionUser A Publication of The Association of Union Constructors | www.tauc.org | Fall 2015

The Construction User is published quarterly by:

The Association of Union Constructors

The Association of Union Constructors 1501 Lee Highway, Suite 202 Arlington, VA 22209 703.524.3336 From the Desk of the President 703.524.3364 - fax www.tauc.org 6 Mind Over Matter by Thomas S. Felton Executive Editor David Acord 703.628.5545 [email protected]

Features Advertising Representatives (Contact for rates and details)

8 Team of Rivals Janice Jenkins by Steve Lindauer Brun Media 724-929-3550 10 Operation Force Multiplier [email protected] by Mark Breslin Amy Rogers Brun Media 12 TAUC Welcomes Carhartt H2H Donation 678-714-6775 by David Acord [email protected] Thomas Brun 14 Drug testing & Legal Marijuana: What Should Contractors Do? Brun Media by Robert L. Dupont, MD 724-539-2404 [email protected]

16 2015 TAUC Photo Contest Winner Art Direction & Design Scott McLallen Pixels & Ink, Incorporated 21 The Carpenter Contractor Trust: A Case Study in Resourcefulness www.pixelsandink.com by Tom Perić Subscriptions For information about subscriptions, reprints, or purchasing bulk copies, contact Executive Editor David Acord at Columns 703-628-5545 or [email protected].

©2015 The Association OF Union Constructors. 13 LEO Corner All rights reserved. The contents of Setting the Bar to a High Level by Bill Kroeger this publication may not be reproduced, in whole or in part, without the prior written consent of the publisher. 24 Government Affairs Focusing on TAUC’s Top Priorities by Jake Locklear Cover: Brock Jarka 26 TAUC About Safety There Is No App for That by Joe Lasky, Jr., CSP, CHMM

28 TAUC About Labor Manpower: Customers Want to Know, “Where’s the Data?” by Jacob Snyder 30 Legal Corner Establishing a Cybersecurity Data Breach Response Policy by Steven Fellman

PUBLISHED OCTOBER 2015

F a l l 2015 | 5

30007_Magazine.indd 5 10/6/15 9:00 AM Mind Over Matter

sychology – the communication (or lack thereof). As study of mind and behav- we heard last May at our Leadership P ior; the way a person or Conference, we face the issue every- group thinks. day of multiple generations in our So why am I starting off an article workplace and how each generation in a construction magazine defin- thinks, hears, learns and commu- ing psychology? Good question. I nicates differently. The individuals have two sons in college and one and companies that recognize this is graduating in December (at least and address it properly through addi- that’s the plan). I am often asked if tional training and operational flex- they are following me into the con- ibility will be successful, while those struction field. My answer is “No,” who ignore it or refuse to change by THOMAS S. FELTON as my oldest son is getting his major their ways will eventually find their TAUC President in psychology. Many people will then way to the bottom. President, mc industrial comment, “What can you do with a As I moved up the ranks of our psychology major?” company and eventually made it to I used to think the same thing president, I very quickly learned that years ago, but I have to admit that it didn’t matter how well we executed recently I’ve begun to reconsider my work if we didn’t have any work to position. Here’s why. When I look at execute. This meant selling our ser- some of the major challenges in our vices and marketing our company. business such as safety, communica- As an engineer with a technical back- tion, selling work and putting project ground, this can be a hard transition. teams together to tackle ever-more You have to accept that owners think The solution to each complicated projects, there is one differently and what is important to common thread: the solution to you may not be what is important to of these challenges each of these challenges begins with that owner. You have to get “into the begins with understanding understanding human behavior and mind” of the client and figure out recognizing that everyone’s mind what is important to them and how human behavior and works differently. their decision making process works. Take safety, for example. The cur- Sounds a whole lot more like psy- recognizing that rent approach to better safety results chology than engineering. everyone’s mind works is much more focused on behavioral- Finally, our projects are becom- based approaches than the “safety ing increasingly more complex, with differently. cop” mentality that used to exist. We tighter budgets and shorter sched- concentrate more on leading indica- ules. These projects can only be com- tors and training to try and address pleted successfully by creating an why accidents happen and how to get environment of teamwork between into the mind of the typical worker all parties: owner, contractor, engi- and supervisor to change behavior. neer and labor. I recently participated The results speak for themselves as on a research team that was tasked we see the rapid growth in the num- with trying to come up with a way to ber of projects winning Zero Injury better align the owner and contrac- Safety Awards each year. tor with engineering and procure- I am convinced that at the heart ment to create a better outcome for of almost every challenge or con- the project. After discussing it with flict that exists during a project is a room of individuals from all of the

6 | T h e C o n s t r u ct i o n U s e r • w w w . t a u c . o r g

30007_Magazine.indd 6 10/6/15 9:00 AM different parties, it became very evi- to feedback without getting defen- After another errant drive, my frus- dent that we all already knew what sive. We also have to be willing to tration boiled over and my son had we needed to do; we just hadn’t done come together and work as a team to had enough. He looked at me and it. Our real challenge was not to cre- solve these issues. To me, that’s what said “Dad, you just need to forget ate new procedures or checklists, it TAUC and our tripartite philosophy that you used to be good at golf. was to change behavior – a monu- is all about: creating an environment You would enjoy it a lot more.” After mentally more difficult task than where we can get together, take a thinking about it, I realized he was developing procedures. peek into each other’s minds and get right. I now enjoy the game more and Now, I am not advocating that a better understanding as to how we am even getting a little better. All of everyone go out and get psychol- view the challenges so that we can those dollars I invested in his degree ogy degrees or go hire a bunch of work together to solve them. I would are already paying off. psychology majors (although my encourage you all to take advantage son will be looking for a job after of this environment any chance you December!). My point is that we get and as frequently as possible. Questions? need to recognize the importance Recently I was playing golf with that psychology and behavior plays the son who is graduating with the in our everyday challenges. I am psychology major. I used to be a Comments? still a big believer that the best way pretty good golfer back in the day, to tackle these challenges is through but like most of us, work, kids and We want to hear from you! constant open and honest communi- life got in the way, and I really didn’t E-mail Executive Editor David cation. As contractors, owners and have time to play much. Now I am Acord at [email protected]. labor, we must be willing to sit and trying to play more, but my game Let him know what you thought listen to each other’s challenges, look really reflects my lack of practice. I about this issue, or suggest an internally and recognize our own had been hacking the ball all over the idea for a future article! strengths and weaknesses and listen place and really getting frustrated.

OUR BELIEF IN TRIPARTITE IS INDUSTRIAL STRENGTH. MC Industrial is a firm believer in the power of contractor, labor and owners working toward common goals. Together, we are accomplishing great things.

mc-industrial.com Where industry goes to get built.SM

F a l l 2015 | 7

30007_Magazine.indd 7 10/6/15 9:00 AM Team of Rivals by STEVE LINDAUER s I write this in late September, the NFL The same dynamic is present in team management. regular season is finally underway. Now that the Show me an assistant coach, and I’ll show you a guy who A summer training camps and pre-season games probably thinks he can do a better job than the current are finished, the mood is different in the stadi- head coach. Everyone is always jockeying for position, ums. I don’t see many relaxed faces in the stands or on looking to move ahead. the sidelines. Fans and coaches alike understand that it’s And yet each Sunday afternoon during fall and winter, time to get serious. Each pass, touchdown or fumble will we expect these mismatched collections of egos and atti- determine who makes it to the playoffs and, ultimately, the tudes to work together as a single seamless unit and per- Super Bowl. Practice is over. From here on out, everything form. But not just perform – win. counts. Of course, few of us can truly understand the pressure Succeeding in Spite of Ourselves of trying to win a Super Bowl. But the path to success in the union construction and maintenance industry runs par- Because of its tripartite structure, the union construc- allel to the path to success in the NFL. The environments tion and maintenance industry often functions more like may be different, but the principles are the same: in order a team than a traditional niche business. Our contractors, to win on the gridiron or on the jobsite, you must have unions and owner-clients are uniquely interconnected and unrivaled focus and intensity. face many of the exact same perils as an NFL franchise. Look at the head coaches prowling the sidelines. They Let me try and count the internal rivalries in our own don’t allow themselves to be distracted by screaming fans. backyard: They are locked in and focused. Their powers of concen- Contractors versus unions: Both want to succeed, but tration are off the charts. A UFO could land in the end have very different ideas of what success means…and how zone during a fourth-and-one situation and they probably to achieve it. wouldn’t even notice. Contractors versus other contractors: Pure compe - The same is true for the elite players in the league. tition, with each contractor trying to grab the next big Throughout the season they must endure a constant bar- project. rage of questions from reporters, harsh criticisms from Unions versus unions: “My work versus your work.” sports radio hosts and never-ending pressure from fans to Enough said. sign autographs and pose for pictures – all while trying to Contractors versus owners: Battling over terms, prepare for the next game. The temptations can be over- money, deadlines, change orders, etc. whelming at times, but the true greats know that if they Owners versus owners: At the macro level, a never-end- allow themselves to get distracted and start thinking about ing war over market position, territories and stock prices. the wrong things, it will lead to disaster both on and off Did I leave any out? Probably, but you get my point. the field. Sound familiar to anyone who’s ever worked on a A good NFL coach understands his team’s internal $100 million outage? rivalries and works to ensure they don’t negatively impact However, there’s an even bigger challenge every NFL performance when it counts – on game day. The problem player and coach must confront, a set of rivals more dan- is, our industry doesn’t have a single “coach.” That respon- gerous and powerful than anything they’ll face on the field: sibility falls on all of us – from the CEO of a nationwide their own teammates and colleagues. contracting company to the local union business manager. An NFL team is a paradox. On one hand, it’s an elite In a sense, we are all coaches and leaders of one kind or unit of like-minded professionals all focused on the same another. No one has the luxury of “just” being a role player. goal (winning). On the other hand, it’s a collection of indi- Look at safety, for instance. We constantly tell craftwork- viduals with personal and often competing self-interests. ers that they need to be cognizant of not just their own Three or four quarterbacks battle one another during sum- safety, but that of others around them. We empower them mer camp in order to be named the regular-season starter. to speak up and point out a safety concern even if it’s not in Running backs do the same thing – as well as cornerbacks, their immediate work area. We tell them not to be hesitant defensive backs and kickers. Can you blame them? The dif- to tell a co-worker (or even a supervisor) that they’re not ference between being a first-string and third-string player tied off properly. can amount to millions of dollars, or whether or not you As you watch the games on Sunday afternoons, I hope even make the team. you’ll keep this thought in mind. Every time a quarterback

8 | T h e C o n s t r u ct i o n U s e r • w w w . t a u c . o r g

30007_Magazine.indd 8 10/6/15 9:00 AM throws a perfect spiral into the end zone or a receiver makes A coach can draw up a brilliant play on the chalkboard. a next-to-impossible catch with defenders crawling all over But if the players are concentrating on their own internal him, you’re witnessing two triumphs, one physical and one rivalries – spending their energy on small battles rather mental. You see, the quarterback can’t throw that perfect than conserving their strength to fight in the big war – they spiral if he’s thinking about the second-stringer standing might as well not even take the field. on the sidelines waiting to take his job. And I guarantee It’s fourth-and-one. What are you focusing on? the receiver will fumble the ball if his mind is dwelling on a big shoe endorsement deal rather than the route he’s sup- Steve Lindauer is the CEO of The Association of posed to run. In order to succeed, both individually and Union Constructors and also serves as Impartial as a team, they have chosen to set aside these distractions. Secretary and CEO of the National Maintenance They have chosen to focus on what really matters, both in Agreements Policy Committee, Inc. (NMAPC). the immediate moment, at the “micro” level, and in the big picture at the “macro” level. We talk a lot about growing our industry and opening inroads into lucrative new markets where our presence is currently limited – the Gulf Coast and Marcellus/Utica regions, to name a couple. Those are great goals, and we Questions? should definitely focus on them. But no matter how great a strategy we come up with, it won’t mean anything unless Comments? our entire team is focused on executing that strategy no matter what. That means letting go of traditional rivalries and decades-old rancor. It means setting aside the mis- We want to hear from you! trust that previous generations thrived on and viewing the E-mail Executive Editor David Acord at [email protected]. people you work with as partners instead of adversaries. It Let him know what you thought about this issue, or means replacing a spirit of petty competition with one of suggest an idea for a future article! mature cooperation.

OUR GOAL

To develop relationships that result in the safest, most cost-effective projects for our clients.

Kiewit Power. Expect excellence.

Kiewit Power Constructors Co. | 9401 Renner Boulevard, Lenexa, KS 66219 | (913) 928-7000

KIEWIT.COM

F a l l 2015 | 9

30007_Magazine.indd 9 10/6/15 9:00 AM Operation Force Multiplier by MARK BRESLIN s a businessman and leader, I am continually generally don’t have a major impact on either growth or asking myself: Where is the absolute best place to put my profit on today’s jobs. A money, time and talent in order to receive a measureable Now think about all of the other things we spend return on investment? Where can I get the most leverage? money on each year: bargaining, organizing, legislative lob- Professionals in the union construction and maintenance bying, legal expenses, marketing and public relations. Can industry ask the same thing in a slightly different way: How we draw a direct correlation between any of these expen- can I increase union market share and create more value? ditures and a measurable increase in market share, union Regardless of how you phrase the question, I want to member hours, or projects secured? Not to any signifi- present a brand-new investment opportunity, one that cant degree. For ten to twenty years we have been making employers have generally ignored for years. In fact, it may investments at the highest levels, yet we more or less stay in be the most overlooked driver of oppor- the same competitive market position, tunity, growth, profits and market share or perhaps lose ground. Maybe it’s time expansion in the entire industry. to narrow our focus and invest in a new Here it is: Let’s develop 10,000 new The formula is simple: area. skilled foremen in the next five years. What would our industry get for its Let’s build a world-class supervisory More foremen = greater $100+ million investment in creating workforce that can create the opportu- 10,000 new skilled foremen? I would nity for unions and contractors to expo- volume capacity. like to share five primary benefits of a nentially expand their markets. Let’s This is basic math and Construction Foreman Development make dead certain they have the latest Initiative. Creating a concentration of communication, management, motiva- basic business growth resources around foreman training and tion and mentoring techniques to drive development has the potential to gener- profitable jobs. strategy. ate the following opportunities for both What’s more, let’s mandate that labor and management: every single one of these new foremen must become certified. No exceptions. 1. Growth & Control of the No more shoot-from-the-hip, old-school, figure-it-out- Market. Those who control the supply and demand of as-you-go-along approach. The new standard will be superior supervision in our industry have the greatest abil- to have professional supervision on every jobsite on ity to grow – and also to control the market. With so many every crew, period. It will be a serious, over-the-top, Baby Boomers retiring, foremen are a rapidly diminishing ass-kicking, world-class, best-practice-oriented effort. commodity. Our industry growth is 100% dependent on We’ll call it the Construction Foreman Development the ability to effectively manage more work, more volume Initiative. and more union members. The formula is simple: More fore- What might we spend to significantly expand our union men = greater volume capacity. This is basic math and basic workforce and opportunity? How about $100 million to business growth strategy. Grow capacity, grow volume, start? If you don’t have the spare cash lying around your grow market share. Fewer foremen = smaller contrac - office, I’ll drive you to the nearest ATM. tor volume, smaller union memberships and smaller labor I know that sounds like a lot of money. But it’s actu- organizations. Foremen are the Force Multipliers of our ally chump change compared to many of the other invest- industry. ments we make in our industry on an annual basis. Think 2. Immediate Recognized Proven Value. Call up of all the time and money we spend on apprenticeship any union contractor in the U.S. or Canada today and ask training – probably anywhere from $500 million to $1 bil- them if they are interested in hiring a really great foreman. lion every single year across all the trades. Why? Because Tell them you have one available and ready to go to work. I it’s a long-term strategic investment, and without it, we guarantee that they will find a way to put that individual to won’t have a skilled, professional workforce. It is the rock- work tomorrow. This is called “market need fulfillment.” solid core of our development plan. But still, apprentices And you know what else? Great foremen also create strong are at the bottom of the construction skills pyramid and job growth. That contractor will find a way to build a crew

10 | T h e C o n s t r u ct i o n U s e r • w w w . t a u c . o r g

30007_Magazine.indd 10 10/6/15 9:00 AM around that top foreman. One certified kick-ass foreman = professions and yet their credentials and pay scales do not reflect these 5-6 craft men or women on their crew. Nothing else that I responsibilities. What does this say about our priorities? am aware of is providing us with a 6:1 ratio for return on The most important thing our industry can do is to investment. The proven value of a top foreman is some- maintain a performance culture that reflects our labor cost thing that nearly every union leader and contractor can in the market. Without this, it is “Game Over.” In order agree on. to preserve this culture, we have to focus on the most 3. Attracting the Competition. In my experience, one important piece of the puzzle: the foreman. Our entire very compelling reason open-shop firms often “go union” culture is predicated on their capability to lead, motivate, is to access top supervisory talent in order to grow. If they communicate and act as true business people. The fact want to double volume, they don’t want to wait 5-8 years that most union-provided foremen training programs are while their own employees work through the standard under-utilized is shameful. The fact that a foreman can run foreman learning curve. Open-shop guys won’t buy the $200,000,000 worth of work over a career with no manage- argument that union craft workers are better than “their ment or leadership training is a “worst practices” example guys,” and they will also reject the idea that the cost/value that no other business would tolerate. A high-performance of a union craft worker is worth the total package price culture does not invent itself. point. But they rarely argue costs when it comes to union supervision. 5. The Profit Driver: Two Percent Net. The foreman By generating large numbers of foremen, you introduce a level is where the money is made in our industry. They are powerful incentive for open-shop firms to re-examine the the key to so many of the elements that drive the client prospects of being union-affiliated – and you provide an experience and bottom line. So why not really hone in on invaluable sales tool for organizers and agents. this opportunity? 4. Creating a High Performance Culture. Most top Imagine foremen simply going through the same expe- foremen will manage hundreds of millions of dollars in rience as an apprentice. An apprentice gets years of class- projects over their careers. They do so with little to no for- room instruction and on-the-job experience before they mal leadership training. Their responsibilities exceed that of many are ready to be considered competent. But a craft worker Continued on Page 23

Facing the industry’s toughest challenges head-on

Tracing our roots back more than 90 years, Graycor Industrial Constructors takes on the toughest industrial construction projects across North America in the process, power and metals markets. We have earned a reputation in the industry for developing long-term, collaborative partnerships that result in projects being completed efficiently, effectively and, most importantly, safely.

Start building something more. Call 630.684.7110.

Industrial Constructors Inc.

Process | Power | Metals www.graycor.com

Oakbrook Terrace, IL  Portage, IN  Detroit, MI  Pittsburgh, PA

F a l l 2015 | 11

30007_Magazine.indd 11 10/6/15 9:00 AM TAUC Welcomes Carhartt H2H Donation

by DAVID ACORD h e A s s o c i at i o n importance of hard work and have members into quality building and of Union Constructors a great respect for those who work construction trade careers as well as T (TAUC) is pleased to wel- with their hands. As a company that management positions like control- come aboard Carhartt as builds product for hardworking lers, safety project managers, project a financial supporter of Helmets to trades and craftspeople, we are proud managers, and dispatchers through Hardhats (H2H), the nonprofit orga- to support a group that connects ser- our partner companies,” said nization dedicated to helping transi- vice members with skilled training Darrell Roberts, executive director tioning active-duty military service and construction careers. Everyone of H2H. “No matter which path members secure quality careers in the deserves the chance at landing a qual- our participants take, it costs close construction industry. ity career–especially those who have to $1,000 for one vet to success- TAUC CEO Steve Lindauer (pic- served our country.” fully utilize the program. Carhartt’s tured below) participated in a July “Since the program’s inception donation will go a long way in help- 28th ceremony in Washington, D.C. in 2003, we have successfully tran- ing many veterans achieve new, where Carhartt presented H2H with sitioned nearly 20,000 program lucrative careers.” a $100,000 check and committed to donating $100,000 annually going forward. Mr. Lindauer has a seat on H2H’s Board of Trustees and serves as Secretary of the Executive Committee; TAUC is also a Platinum Sponsor of the organization. Brent Booker, Secretary-Treasurer of North America’s Building Trades Unions, attended the event, along with other industry officials and veterans. “This funding will help secure the futures of brave men and women who defended our country and are now transitioning to careers in the building trades,” said Rep. Donald Norcross (NJ-01). “My own son, a United States Army veteran, is a ‘Helmets to Hardhats’ success story, working as an IBEW electrician. There are more just like him who will benefit from this generous donation from Carhartt.” “Those who fight for their country shouldn’t have to fight for a job upon their return to civilian life,” said Linda Hubbard, president and chief operating officer at Carhartt. “Helmets to Hardhats and Carhartt L-R: Cpl Jason Stolecki; Carhartt Pres./COO Linda Hubbard; Steve Lindauer; are similar in that we both value the SSgt Stephan Nutter; H2H Exec. Dir. Darrell Roberts

12 | T h e C o n s t r u ct i o n U s e r • w w w . t a u c . o r g

30007_Magazine.indd 12 10/6/15 9:00 AM Setting the Bar to a High Level by BILL KROEGER

everal years ago, many of the international The only way to change the negative perception that some unions began addressing some of their perceived people have of our LEO Members is to deal with the issue S (and real) internal problems with rank-and-file head-on. What better way to prove to our contractor mem- members by creating and implementing “Codes bers and traveling national contractors the value of contribut - of Excellence” or “Codes of Conduct.” These codes outlined ing to our IAF’s than to create a document that declares our what was expected of a highly-trained, safe, drug-free, skilled commitment to the highest ethical principles in the industry? professional union workforce. The effort was a huge success, I believe that our LEO Members are the cream of the crop of and paid almost immediate dividends as the codes were local employer organizations across the country. A code of con- embraced by both contractors and the owner-client com- duct or excellence would be a great way to show everyone what munity. The underlying principle of the codes was simple: we do and how much we can accomplish for the union construc- in order for us to survive as an industry, we have to be the tion and maintenance industry throughout the country. best, not just say we are the best. Soon, others in the industry took their cue from this ini- Bill Kroeger is the TAUC LEO Committee Chair tiative. For example, the NMAPC recently created a set of and Vice President of Labor Relations for the “Tripartite Principles of Conduct” that was inspired by the Associated General Contractors (AGC) of Missouri. union codes, and included them in the latest edition of the National Maintenance Agreement (available at www.nmapc. org/agreement). The principles outline what is expected of signatory contractors, participating International and Local Unions, and Owner/Clients that utilize the NMA. At our most recent TAUC Local Employer Organization (LEO) Committee Meeting held in Baltimore on August 20th, we discussed at length the possibility of creating a similar set of principles for our LEO members. It would provide a baseline of what our member contractors and traveling national contractors can expect when they contribute to our Industry Advancement Funds (IAF) and are performing work in our geographic areas. Although we have just begun to outline what these principles will be, I believe it is safe to say that they will break down into several well-established categories: safety and health services and products; education and training; industry promotion and advocacy; regional recruitment and retention; substance abuse testing; Taft-Hartley funds; collective bargaining services; and labor-management cooperative efforts at the local level. One of the biggest advantages of being a TAUC LEO Member is having the opportunity to sit down with your peers TOTAL PROJECT from across the country and discuss both problems and solutions -- to address the issues that we are all facing in the industry. McCarl’s – Nearly 70 years of superior construction, There is no need for any LEO Member to reinvent the wheel on fabrication, on-site management and maintenance their own. By creating these principles of conduct or excellence, solutions across a wide range of industries throughout we are simply formalizing the base level that can be expected the region, including: shale gas, power, chemical, from any LEO Member. We know that our LEO organizations petro-chemical, steel, cryogenics and water treatment. can range dramatically in size and resources, but at the same time, we believe that creating a formalized set of principles will Call us today. We do it right. help all LEOs understand what is expected of them. And of course, we believe such a code would also help contractors, who www.McCarl.com contribute to our IAF’s, to better understand how they can take advantage of what we collectively have to offer.

F a l l 2015 | 13

30007_Magazine.indd 13 10/6/15 9:00 AM Drug Testing & Legal Marijuana: What Should Contractors Do? by ROBERT L. DuPont, MD President of the institute for behavior and Health, Inc. he recent shift in use of drug testing was associated claimed not to have used the drug drug policy to legalize with a reduction in the rate of serious on the job. T recreational and medical injuries involving four or more days This and other rulings from states marijuana in several states of lost work for construction and ser- with legal medical and recreational has made the United States the first vices groups. marijuana have implications for future nation in the world in which the sale Given this backdrop, the follow- marijuana statutes in other states. For and use of marijuana is legal. This ing recommendations are offered to example, several states allowing medi- shift has created significant concerns employers so that they can address cal use of marijuana now require an for many employers, employees, and this frontline issue. employer to show impairment before job applicants about workplace drug taking action against an applicant or testing in general and testing for mari- Consider the Legal employee who tests positive for marijuana specifically. Earlier this year the Complications of Workplace juana. These provisions pose a sig- Institute for Behavior and Health, Inc. Marijuana Testing nificant limitation to workplace drug released a report providing guidance for testing programs for marijuana. employers about drug testing employees While state and local laws are The complex and often conflicting and job applicants for marijuana use important for all, employers must not requirements regarding the identifica- in the workplace in the context of the forget that the sale and use of mari- tion of “impairment” demonstrate the current legal environment. This article juana for either recreational or medi- value for workplace drug testing poli- is adapted from that report. cal purposes remain illegal under cies to be specific and state that the When considering the role of federal law in all 50 states. Even in presence of a marijuana metabolite or workplace drug testing in the unset- states that have legalized marijuana, THC in the employee’s body is itself a tled context of legal marijuana, it is many employers must test their violation of the employer’s drug-free important to focus on the fact that employees for marijuana and hold workplace policy. Because marijuana workplace drug testing is an essen- those who test positive accountable is a confusing issue for employers, tial tool in confronting today’s grow- under federal government mandates. employees and job applicants, the ing drug abuse problem – a problem These federally mandated drug tests best way to avoid the confusion is to that is not limited to marijuana. The are required for millions of workers have a zero-tolerance policy in place use of all illicit drugs, including mari- including commercial drivers, air- that is not based on “impairment” but juana, and the misuse of prescription line pilots, flight attendants, railroad rather is a simple and strict standard drugs cause significant problems for engineers and conductors, workers in of no use. This is called a per se zero employers and for employees. That is nuclear power plants and many others tolerance standard. Any positive drug why an effective drug-free workplace in safety-sensitive positions. test is per se evidence of a violation of program includes drug testing for Additionally, numerous employ- the employer’s drug-free policy, with marijuana and other drugs. ers in every state receive federal no necessity of showing impairment. Workplace drug testing pro- grants for a wide variety of proj- These policies seek to prevent impair- grams provide important outcomes ects. In the state of Colorado, where ment in the workplace. for employers and employees. Long marijuana is legal for both recre- Per se policies that restrict all illicit before the legalization of medical ational and medical purposes, the drug use, including marijuana use, and recreational marijuana, a study state Supreme Court recently ruled by employees and job applicants are in Washington State (Wickizer et al. in Coats v. Dish Network that an supported by the fact that marijuana 2004) showed that in the construc- employer was free to consider a mar- is illegal under federal law nationally tion industry (along with manufactur- ijuana test a violation of the com- (and is illegal in the majority of states ing and services), injury rates declined pany’s policy because of the federal under state law as well). All federal significantly following the implemen- law, even though the employee had agencies that require drug testing tation of drug testing. Moreover, the a valid medical marijuana card and mandate testing for marijuana and

14 | T h e C o n s t r u ct i o n U s e r • w w w . t a u c . o r g

30007_Magazine.indd 14 10/6/15 9:00 AM use the zero tolerance per se standard, their jobs is a practice that can help worker’s employer and insurer. Even including the U.S. Department of guide employees to recovery. As part some legal professionals mistakenly Transportation, the Department of of a drug-free workplace, an employ- believe that marijuana recommended Defense, and the Nuclear Regulatory er’s substance use policy should by physicians should be treated in the Commission. This per se standard has address employees under the influ- same manner as are prescribed drugs. been successfully used in these set- ence and it should provide training to This is based on the inference that tings for three decades with little identify behaviors and related signs these recommendations are in fact controversy. and symptoms of substance use. medical marijuana “prescriptions” which they are not. Medical marijuana Provide Clarity in Drug-Free Specifically Address Marijuana recommendations should be reviewed Workplace Policies in Employee Drug Testing as are other non-prescription recom- Policies mendations unless state law provides Employers using drug testing instruction otherwise. should also make testing procedures All employers in states with legal a part of a comprehensive policy that marijuana are cautioned to pay close Considerations for Employers promotes essential workplace priori- attention to the specifics of state and of Different Sizes ties including safety, health and pro- local law. It is important for the safety, ductivity. Illicit drug use, including health and productivity of the work- Drug-free workplace policies and marijuana use, is a threat to each of force to continue testing employees programs differ depending on the size these goals. Every employee must for marijuana along with other drugs. of the workforce and on whether the be informed of the company’s sub- Workplace drug testing policies need employer operates within a single state stance use policy and the reasons for to be reviewed by attorneys who are or many states. Despite these impor- that policy. Drug testing needs to be familiar with federal, state and local tant variations, the principles articu- described in a written statement of laws related to drug testing and par- lated in this article can guide specific the employer’s substance use policy. ticularly related to marijuana. policies in these various settings. This policy statement must clearly lay The New Mexico Court of Appeals Among employers located in multi- out the elements of the drug testing ruled in August 2014 in Vialpando v. ple states and localities, drug testing program including who is subject to Ben’s Automotive Services and Redwood policies can be universally adopted testing, how testing is administered, Fire & Casualty that medical mari- across locations — e.g., the use of how positive results are confirmed, juana recommended by a physician Department of Transportation guide- and the consequences of positive drug to treat an individual’s pain following lines can be used for all employees test results. Supervisors and human spinal surgeries for a workplace back resources staff should be trained in injury should be reimbursed by the Continued on Page 23 the employers’ substance use policies and procedures and be able to explain them to all employees and job The United Association applicants. Employers conducting workplace Safe, Productive and Cost Effective Construction drug testing should provide educa- Project owners have choices, that’s why the UA’s training and certification programs produce tional opportunities for employees craftsmen that are the most highly skilled and hardest working building tradespeople in our about substance abuse. Programs industry today. They’re committed to our Standard for Excellence program, a labor-management focused on wellness and/or employee agreement to uphold the highest industry standards for quality in the workplace. assistance programs should provide Owners today also want safe jobsites, and they are demanding that their contractors place education, screening and follow-up a priority on safety. The UA Standard for Safety creates a workplace culture that puts safety first and is intended to help meet the contractor’s responsibilities to services for employees’ drug and provide a safe work environment. alcohol problems. This may include At the UA we know a safe workplace is also a productive workplace. return-to-work agreements pro- That’s what keeps our contractors profitable and their owner’s vided through employee assistance projects on time and within budget. programs. Provisions for assisting Learn more at: ua.org employees with substance use problems should be known to all employees. Encouraging employees to seek treatment confidentially, apart from a testing event, without jeopardizing

F a l l 2015 | 15

30007_Magazine.indd 15 10/6/15 9:00 AM 2015 TAUC Photo Contest Winner Songer Services

he Association of Union Constructors feet in diameter and 276 feet tall. “We had three crawler (TAUC) is pleased to announce that the winner cranes working on this job at the same time, and the swing T of the 2015 The Construction User photo contest radiuses for all three cranes intersected – we were in a tight is TAUC Governing Member Songer Services. space,” he added. “We had to very carefully coordinate our The winning photo was taken by Songer Project lifts.” At one point, Songer had to transfer two (2) 75-ton Coordinator Brock Jarka during the reline of the larg- lock hoppers from one of the crawler cranes to an overhead est blast furnace in North America. The photo depicts a crane in mid-air. “We installed a 120-inch diameter goggle crawler crane setting structural steel for a new stainless or isolation valve, and replaced sections of the hot blast steel granulator stack on the furnace. main expansion joints and refractory.” Songer served as the general contractor for the $70 mil- With so much going on in such a small footprint, coor- lion reline project, which was completed under the terms dination was key. “All of the work was layered work, so we of the National Maintenance Agreement in 50 days (seven had guys working on top of each other,” Toennies said. ahead of schedule) in the summer of 2014, following five “Again, the space was really tight, so we had to coordinate months of pre-outage prep work at the facility. The reline and plan out the work during the pre-outage to make sure will provide 12 years of campaign life and increased capac- our supervisors understood the job and could direct the ity to the furnace, which was built in the mid-1970s. men so that we were successful.” “We ran 300 men a shift for 50 days straight, seven days Eight different building trades crafts worked on the a week, two shifts a day, for a total of 310,000 craft man- reline project: hours,” explained David Toennies, Songer’s Vice President • Ironworkers Local 395 of Operations. “We replaced the existing Paul Wurth • Boilermakers Local 374 Bell Less Top charging system with an updated, Second • Pipefitters Local 597 Generation Paul Wurth Bell Less Top.” Iron ore and other • Laborers Local 41 charging materials are fed through the Paul Wurth Top and • Operators Local 150 distributed evenly throughout the furnace, which is more • Bricklayers Local 4 than 50 feet in diameter and roughly 300 feet tall. • Teamsters Local 142 But replacing the charging system was just the beginning. • Carpenters Local 599 “We also replaced six rows of copper cooling staves inside the “It went very well, and we received quality craftsmen furnace,” Toennies continued. “There are almost 50 staves in from the local unions,” Toennies said. “The building a row, each one roughly four by ten foot. We also installed a trades were able to fulfill all manpower requirements for new furnace hearth refractory and tap hole refractory.” the project. It was a very good job for Songer.” There was plenty going on outside of the furnace, too. A TAUC congratulates Songer Services and all of the new stainless steel granulator stack was installed that is 11.5 union craftworkers for a job well done!

16 | T h e C o n s t r u ct i o n U s e r • w w w . t a u c . o r g

30007_Magazine.indd 16 10/6/15 9:00 AM Brock Jarka

F a l l 2015 | 17

30007_Magazine.indd 17 10/6/15 9:00 AM Selected 2015 Photo Contest Entries

TAUC wishes to thank everyone who submitted photos this year. It was incredibly tough selecting a winner – we hope everyone who entered will try again next year! On these pages you’ll find a selection of other impressive entries.

The Magic Hour: From TAUC Regular Member APi Construc- tion Company comes this beautiful evening shot of Xcel Energy’s new Cherokee 569-MW 2x1 Combined Cycle Power Plant in Denver, Colo. APi provided and installed all insu- lation and lagging and scaffolding on Units 5 and 6. Kiewit was the prime contractor on the project. Photo by: Brittany Lauterbach

Big Job: In this photo, TAUC Regular Member ClearPath Underground Solutions LLC uses horizontal directional drill- ing to install a drainage system between two res- ervoir ponds at American Electric Power’s facility in Cheshire, Ohio. The job was performed on a tight grade and included wire- line services. A 48” hole was drilled through solid rock to install the pipe for transportation of water between reserviors. Photo by: Rod Riley

18 | T h e C o n s t r u ct i o n U s e r • w w w . t a u c . o r g

30007_Magazine.indd 18 10/6/15 9:00 AM Two Tones: Who said cranes can’t look elegant? This stunning black-and- white photo was taken at the Airgas Air Separation plant in Minooka, Ill. by MC Industrial Project Man- ager Ryan Grass. TAUC Governing Member MC In- dustrial was the contractor for an Air Separation Unit equipment erection project by Airgas, the largest U.S. distributor of industrial, medical and specialty gases. MC Industrial’s project team and field staff self-performed structural steel erection for pipe and equipment supports, and equipment erection of the 250,000-lb. unit. Photo by: Ryan Grass

Three Weeks Later: Check out these amazing “before” and “after” photos of a 21-day project at the Ford Dearborn Body Shop in Michigan. TAUC Regular Member Walbridge Tooling Services LLC demolished 450,000 sq. ft. of old tooling and installed and powered-up 1,100 truckloads of new tooling in just 21 days -- widely accepted as the fastest complete body shop conver- sion ever done. The shop was converted to build the new aluminum F-150 truck. Photo By: Mike Schumacher

F a l l 2015 | 19

30007_Magazine.indd 19 10/6/15 9:01 AM Blue Skies: TAUC Regular Member Imperial Crane Services sent in this gorgeous photo of a project on highway IL-20 spanning the Rock River just south of Rockford, Ill. Working for Civil Inc., Imperial Crane used four cranes to set up a new bridge. The cranes had to match up and connect all of the beams from the abutment to the corner pier in the middle of the river. Photo by: Mark Priepot

Men at Work: TAUC Governing Member Atlantic Plant Maintenance submitted this photo of a millwright preparing a bear- ing cavity for reassembly on a GE 7F gas turbine unit at a power company in the northwest U.S. Photo by: Glenda Elles

20 | T h e C o n s t r u ct i o n U s e r • w w w . t a u c . o r g

30007_Magazine.indd 20 10/6/15 9:01 AM The Carpenter Contractor Trust: A Case Study in Resourcefulness by TOM PERIĆ

he economic collapse of 2008 – the and Carpenters had to offer: Skillset, Flexibility, Equity worst since the Great Depression – sent financial and Productivity. T markets reeling and turned the construction and “We know what we’re good at, and it was vitally impor- maintenance industry upside down. As the crisis tant that we had a message to convey to our potential busi- deepened, union contractors and Carpenters in both New ness partners that we were serious about working with York and New Jersey realized that in order to survive, they them in a collaborative manner,” said McCabe. “Our ‘Four would need to rethink their entire growth strategy and radi- Pillars’ slogan demonstrated that we understood their cally overhaul their existing business model. What happened needs, and we also wanted to communicate what we had next is a case study in flexibility and innovation– one that to offer.” union contractors and their labor partners can’t afford to McCabe also sought to improve and increase the new ignore. group’s marketing efforts. “We often don’t think of union In the past, carpenters and contractors had separate carpenters and contractors as marketers, and that is an labor-management organizations in New York and New incorrect assumption,” he said. “Why would you not tout Jersey: the Empire State Carpenters Labor Management the strength and skillset that our members have with a Funds and the New Jersey Carpenter Contractor Trust. message that is worth repeating as often as possible?” As officials from both groups analyzed the post-2008 economic landscape and discussed how they could remain competitive, they made a tough choice. In 2014, a merger was finalized, and the new independent, nonprofit, labor- management cooperative became known as the Carpenter Contractor Trust of New York and New Jersey, or CCT Supporting North America’s for short. The partnership combined the resources of Energy Infrastructure Matrix NAC is a top tier construction and the Northeast Regional Council of Carpenters’ (NRCC) maintenance company that builds and maintains 30,000 members and more than 1,000 participating con- infrastructure critical to North America’s energy, tractor partners. power and industrial markets. Change was in the air. However, despite all of these major improvements, an important question remained unanswered: How do you create a fundamentally new structure within your own organization as it pivots to meet the challenges of a new business era, while simul- taneously addressing the needs of your customer base -- i.e., builders and developers in the construction industry? Or, as Kevin P. McCabe, President of the CCT, put it: “If no one knows you have something to offer that is dis- tinctly and historically different from the past, how do you convey the message?” The CCT set about the hard work of winning the “hearts and minds” of their customers in New York and New Jersey. Their message was simple and straightforward: “We are a different kind of union from the past, and we are 866 367 6879 here to work with you.” To back up that message, McCabe matrixnac.com and CCT created “Four Pillars,” a set of principles that cleanly and elegantly summarized what union contractors

150304_TAUC Spring Ad_MNAC.indd 1 F a l l 20153/5/2015 | 1:42:4821 PM

30007_Magazine.indd 21 10/6/15 9:01 AM He embarked on a talent search, Another marketing assistant, and highways/heavy construction knowing that success hinged on find- well-versed in social-media, was also are in the final stages of production. ing the right personnel to spread the brought on board in Edison, New Additionally, CCT issues regular press word both internally and externally. Jersey, and the results were imme- releases, op-ed pieces to local media In 2013, he hired a marketing man- diate. CCT’s Facebook page added as well as contributing bylined articles ager who could corral the efforts of more than 1,200 “fans,” and there to industry publications. the entire team and implement the has been increased activity, interest “The Carpenter Contractor Trust marketing strategy with his overall and interaction in recent months. The is a terrific asset for us because of guidance. total number of CCT’s Twitter fol- its emphasis on marketing, an activ- Shortly after the merger, it became lowers also jumped 50% in just three ity generally not associated with car- apparent that having a staff member months. penters or contractors,” says Todd based in Albany, the capital of New Augmenting the in-house team are G. Helfrich, President and CEO York, was also necessary, and so a two consultants with deep experience of the Albany, N.Y.-based Eastern marketing associate was hired there in video, content and public relations. Contractor Association, a TAUC last fall. Videos highlighting union carpenter LEO Member. “The CCT provides In a large and diverse state like and contractor activities are a main- us with a team of experts, from print New York, having a person who can stay on the new CCT website (www. and digital products to social media, meet the leadership of the various cctnynj.org/), and a crucial step in ensuring that all of us are moving for- locals and the contractor organiza- gaining search engine recognition. ward in the same positive direction tions is critically important, according CCT also created several new print for promoting our businesses. This to McCabe. “We’re all familiar with brochures – one explaining how the became especially true when the CCT computer time, but face time is still new organization works, and another opened an Albany branch last year, the decisive difference,” he said. “It focusing on the training carpenters adding a dedicated professional to the was critical that our New York mem- and contractors receive under the New York market.” bers knew they had a point person in Infection Control Risk Assessment “The marketing challenges of their midst who could not only listen guidelines, along with pamphlets the Carpenter Contractor Trust to their needs but could attend meet- related to mill cabinetry and resi- demands a dynamic, creative and ings and functions where their pres- dential construction. Two additional diligent effort to attract new projects ence would be needed.” brochures with emphasis on flooring and promote the modern business

22 | T h e C o n s t r u ct i o n U s e r • w w w . t a u c . o r g

30007_Magazine.indd 22 10/6/15 9:01 AM model represented by our carpenters and contractors in All these efforts have coalesced to produce a unified both New Jersey and New York,” added Michael Capelli, marketing strategy that is demonstrating measureable signs Executive Secretary-Treasurer of the Northeast Regional of success. However, no one is resting on their laurels. In Council of Carpenters. “The CCT has been highly suc- fact, in addition to the Four Pillars, another slogan prevails cessful at meeting these challenges and promoting our at the CCT: in the words of Kevin McCabe, “We’re believ- message both to the businesses in our construction indus- ers in constant improvement.” try and to our local communities. The CCT’s professional team has delivered across the wide spectrum of market- Tom Perić is the president of Cherry Hill, N.J.-based Galileo ing campaigns, which has ignited newfound interest in Communications Inc. He writes frequently about the construction and the skills and capabilities of carpenters and contractors the heating and cooling industry. He provides public relations counsel- throughout both states.” ing to the Carpenter Contractor Trust. Operation Force Multiplier Continued from Page 11 can get the title of “foreman” in just one day with no lead- have spent billions of dollars thus far to stay in the same ership or management training whatsoever, thanks to the place. Taking a fraction of that money and focusing on employer’s lazy-ass advancement of the “best guy” theory. those who can truly make a difference – our foremen – is How would foremen perform if we gave them two years an idea worth considering. I salute the innovative union of focused attention similar to what we give to apprentices, and contractor leaders who are already working on these then launch them onto the jobsite as true certified profes- initiatives within their own organizations. But if we want sionals? I think an additional one to two percent net profit to tackle the broader challenge of market relevance, this on every job is not an unreasonable expectation. has to be an industry-wide effort. So what do you say? Invest $100 million and in return Summary certify 10,000 foremen and an unstoppable industry force multiplier in return. How does that sound? Of course, the obstacles to making this invest- Don’t hesitate -- this special offer starts now. ment are considerable. Existing foremen will push back. Contractors don’t want to give up their guys for train- Mark Breslin is a strategist and author of several ing. There aren’t a lot of first-class legitimate train- books, including most recently, The Five Minute ers out there. And opponents of certification will Foreman: Mastering the People Side of pop up on both the labor and management sides. Construction. Visit his website at But none of it matters. The bottom line is, the investment www.breslin.biz or contact him at (925) 705-7662. is an area of major opportunity, despite the problems. We

Drug Testing & Legal Marijuana: What Should Contractors Do? Continued from Page 15 to help employers ensure they cover Summary the full report Workplace Drug Testing their workforce consistently. in the Era of Legal Marijuana, available Employers must consider state online at: http://ibhinc.org/pdfs/ Explore Insurance Benefits for and local law, as well as federal law. IBHReportWorkplaceDrugTesting. Drug Testing Program Employers must get legal advice pdf. on the current status of drug test- Insurance companies may reim- ing because laws and their interpre- Robert L. DuPont, burse employers for effective safety tation are subject to rapid change. MD is President of The programs that meet state standards Remember that drug testing, while Institute for Behavior and by giving discounts on premiums. extremely important, is only one part Health, Inc., a non-profit Drug testing can be an important of a comprehensive company policy organization that promotes part of the safety program but there to create and sustain a drug-free, pro- new ideas to reduce illegal are no current benefits for drug ductive and safe work environment. drug use. He was the first testing alone. Employers should For more information about Director of the National Institute on Drug explore the opportunities for reim- marijuana and testing in the Abuse (1973-1978) and second White bursement from insurance compa- workplace, including a review of House Drug Chief (1973-1977). nies for programs that include drug improvements in the science and testing. technology of drug testing, consult

F a l l 2015 | 23

30007_Magazine.indd 23 10/6/15 9:01 AM Focusing on TAUC’s Top Priorities by JAKE LOCKLEAR

ver the past several hard to educate Congress on how TAUC Government years, the union construc- our industry works and the impor- Affairs Committee O tion and maintenance tant contributions we make to jobs, industry has endured a the economy, manufacturing, and This committee is made up of Governing, concurrence of economic, regula- energy independence. LEO and Affiliate Members interested in tory, and legislative challenges. Some Earlier this summer, TAUC’s participating in the government affairs would describe these challenges as a Board of Directors took another activities of The Association of Union “perfect storm.” The list is familiar important step forward by vot- Constructors (TAUC). to everyone: the 2008 recession and ing to reorganize and relaunch our the shaky recovery that followed; a Government Affairs Committee. Jake Locklear (Chair) series of aggressive EPA regulations I was honored to be elected Chair President & CEO threatening the future of coal-fired of the committee. Our goals are Atlantic Plant Maintenance power plants; sweeping health care simple: Patrick Baker changes; and the battle over mul- • Keep TAUC members informed Executive Director tiemployer pension reform, just to about important legislative Great Lakes Fabricators & Erectors name a few. activities. Association Through it all, I have been • Create opportunities for dialogue Bill Brown encouraged by the way in which with all levels of government. President & CEO TAUC members, the building • Increase TAUC’s influence in the Ben Hur Industrial Constructors, LLC trades, and our owner-client part- development of public policy on ners responded to these challenges. issues of critical importance to Geoff Eobstel Assistant Director I have witnessed firsthand the our membership. Mechanical and Service Contractors power that comes from an unwav- • Work with TAUC Staff in moni- Association of Eastern Pennsylvania ering commitment to labor-man- toring relevant proposed legisla- agement cooperation. When we tion at the federal, state, and local Robert C. Hoover are working together and share the level. Vice President same goals, we are able to confront Immediately after the Board’s Matrix North American Construction Inc. even the toughest problems head- vote in May, we hit the ground run- William C. Ligetti on and find solutions that benefit ning. In June, we solicited all TAUC Executive Director everyone. Governing Members and Local Ironworker Employers Association of Another important lesson we Employer Organization (LEO) Western Pennsylvania have learned during this “perfect Members on who would be inter- Tim Linville storm” is that in order for our indus- ested in serving on the Committee. Executive Vice President try to not only survive but thrive in Nine individuals have been tapped Construction Employers Association the coming decades, we must focus to represent our members. You can Josh Schaufelberger more than ever on advancing our see their names and organizations Director of Industry Relations top priorities on Capitol Hill. Like listed at right. Southern Illinois Builders Association it or not, the government is playing We have already held two an ever-increasing role in our day- meetings. At our last meeting in LeRoy Stromberg to-day business, and we must ensure August, we reviewed a compre- Chief Operating Officer Alberici Constructors our voices are heard. hensive list of pressing industry Within the past year, we part- issues compiled by Jim Kolb and Clinton Suggs nered with Jim Kolb of Summit Todd Mustard, TAUC’s Senior Executive Director Strategies to provide additional Director of Government Affairs Parkersburg Marietta Contractors guidance and insight on the major and Membership Services. After in- Association policy and regulatory issues facing depth discussion, the Committee Jeremy Zeller our members. Jim, who is based has decided to focus on three core Director of Projects - Concrete Services in Washington, D.C., is working issues for the remainder of 2015: Walbridge Aldinger Company

24 | T h e C o n s t r u ct i o n U s e r • w w w . t a u c . o r g

30007_Magazine.indd 24 10/6/15 9:01 AM 1. Multiemployer Pension Reform. At the end of TAUC will continue to track these and other impor- Focusing on TAUC’s Top Priorities the last Congress, legislation was enacted providing flex- tant issues impacting the businesses of union con- ibility to take necessary action for the most distressed tractors. We will also remain active in our legislative multiemployer pension plans to avoid plan insolvencies. coalitions with other union contractor national trade TAUC Government Unfortunately, this legislation did not include provisions associations. We highly encourage any TAUC mem- Affairs Committee giving all multiemployer pension plans the flexibility ber who is interested to attend next year’s Quality to address their long-term viability through the use of Construction Alliance National Issues Conference tak- “composite plans.” ing place May 10-12, 2016 in Washington, DC. More Federal law currently limits plan sponsors to offer- information on this past year’s conference can be found ing either traditional defined benefit pension plans or at www.qualityconstructionalliance.org. 401(k)-style defined contribution plans. Each of these If there are issues that you feel we should be address- options has certain weaknesses, with defined contribu- ing, please don’t hesitate to reach out to myself or Todd tion plans struggling to successfully provide adequate Mustard. We know we can’t do this alone. The more and secure income to retired workers, and defined ben - people who participate in raising awareness, the more efit plans placing financial risks on employers that are our association – and our industry as a whole – will ben- driving them out of the system. Composite plans pro- efit. vide a voluntary way for companies to bridge the gap between these two options, combining the lifetime Jake Locklear is President and CEO of Atlantic income payments of defined benefit plans with the pre- Plaint Maintenance and serves as chair of the dictable cost structure of defined contribution plans. TAUC Government Affairs Committee. Congress will need to authorize the use of composite plans by multiemployer pension plans. At this point, legislation has not been introduced to authorize composite plans. TAUC and its union construction association partners are working to communicate the urgent need to finalize pension reform.

2. Environmental Regulations: The EPA recently issued its final Clean Power Plan, implementing regulations that require carbon-dioxide emissions from power plants to be reduced by 32% below 2005 levels by 2030. Bills are being considered in both the House and the Senate that would block the rule from being implemented until all court cases related to the rule are exhausted. TAUC’s position is that the Clean Power Plan, while well-intentioned, will irreparably harm the nation’s electricity grid by forcing the closure of numerous coal-fired power plants and eliminating thousands of good-paying middle-class jobs.

3. Affordable Care Act “Cadillac” Tax –– The Affordable Care Act imposed a 40% excise tax on the value of “high-cost” employer-sponsored health coverage that exceeds specific benefit thresholds — initially set at $10,200 for self-only coverage and $27,500 for family coverage –– beginning in 2018. This “Cadillac Tax” has the potential effect of both increasing costs and weakening benefits provided to our employees and their families through multi-employer health and wel- fare plans. Two bills have been introduced in the House to repeal the tax. We are working to support the repeal efforts.

F a l l 2015 | 25

30007_Magazine.indd 25 10/6/15 9:01 AM There Is No App for That by Joe Lasky, jr., csp, chmm

hen my son and his calculate the heat index for their identifies by selecting an applicable family came in for the holi- worksite, and displays a risk level pictogram. W days last year, he was wear- to outdoor workers. • Incident Cost Calculator – ing a t-shirt with a picture • NIOSH Ladder Safety – Uses Determines the financial costs of of a human brain on it. The caption visual and audio signals to make it a workplace incident by reviewing below read “There is no app for that.” easier for workers using extension injury scenarios from a number of As most of you know, an application ladders to check the “angle” the industries. or “app” is a specialized program that ladder is positioned at, and pro- • I-Auditor – Used to build check- can be downloaded onto mobile devices vides useful tips for using exten- lists, conduct inspections in the such as iPads, iPhones, etc. That led sion ladders safely. field, and manage report filing. me to think about how technology • SKYPAW dB meter – One can An excellent app for supervisors/ relates to safety in our everyday world. use this app to turn your iPhone foremen in the field for observa- A myriad of resources exist into a professional sound level tions and assessments as they walk that include “apps” in the Safety, meter in the field. I use this one around the job. Health, Environmental, and Risk frequently to measure random • Nobels Riggers Reference – Management fields. Although these noise levels in the field. Allows you to look up Working apps are no substitute for compre- • NIOSH Pocket Guide to Load Limits for various types hensive safety and health policies and Hazardous Chemicals – of riggings (wire rope slings, testing procedures, when used cor- Provides immediate access to a chain slings, synthetic slings), rectly, these technological tools can comprehensive chemical hazards check crane signals and whistles, provide significant benefits and access database. and estimate the included angle to information. Certain apps that • Pocket First Aid – Provides the of a lift. A few of our pipefitter I have used and suggest you check latest up-to-date emergency infor- supervisors have also told me they out are the following (all of these are mation from the American Heart utilize the app for rigging and sig- available in the iTunes and Google Association – i.e. First Aid, CPR, etc. naling, particularly for calculating app stores for various prices, and • Fall Clear Lite – Evaluates load lifting requirements. many are free): required clearances for several • OSHA Heat Stress – Allows fall arrest scenarios that the user Admittedly, in today’s connected workers and supervisors to society, there is not much need to memorize anything anymore. If I were to ask my grandkids or nieces to rattle off the U.S. presidents or state capitals, they would reach for their iPhone or iPad and Google the question or just ask Suri. Yet of all the tools at our disposal – including those I just listed -- the one that we tend to use the least in life and the workplace is stored inside our skull: the human brain. When you think about it, there are critical tools that no app can replace. They are your own common sense, experience and general “know how.” No digital link can replace them; they must be hard-wired in our own brains. For example, at all of our refinery projects, craft personnel in the field are the first to encounter changed

26 | T h e C o n s t r u ct i o n U s e r • w w w . t a u c . o r g

30007_Magazine.indd 26 10/6/15 9:01 AM There Is No App for That environmental conditions. Some of the Exposure Limit of 90 dbA. In other us every step of the way when meet- facility processes have materials that words, it is too noisy. You should not ing with the intellect side, especially are very odoriferous, and workers don’t rely on an app to tell you to wear both when confronting changes to safety need the atmospheric technology (i.e. ear plugs to protect your hearing. routines. With the help of technology gas meters) to tell them to back away Dangerous chemicals, heavy equip- – even certain apps – we can receive and move upwind. I can recall a spe - ment and loud machines are common the necessary reminders to help inte- cific project at a refinery in Philadelphia at worksites, but our experiences and grate these new safe habits into our when the crew opened up a vault, common sense keep us safe. daily jobs. and immediately smelled an odor that Many years ago, a college professor of There will never be an “app” that caused their eyes to water and made mine used to say “repetition is the heart can duplicate the functions of the them sick to their stomachs. While they of learning” which eventually leads to human brain – it’s just too unique couldn’t identify the specific named memorization. This idea supports our and complex. But technology can help chemical right away, they nevertheless emphasis on regular safety refresher us use our brains better, particularly closed the vault and put on respiratory training in all areas of the industry. But when it comes to safety communica- protection before going back in. we have to be careful. The human brain tion and training, both on and off the Additionally, our own safety pro- consumes huge amounts of energy, as job. cedures require drivers of company much as 25 percent of our daily supply, So definitely take advantage of the vehicles to do a “360 degree” walk and is always looking for the easy way great apps at your disposal. But don’t around their vehicle before entering out. Basically, it can slip into a kind forget to use your brain too – and in lieu of using back up cameras or of “complacency mode” which makes have a safe day! blind spot warning devices. We want learning new ways of doing things dif- them to rely on what they see, not ficult. So how do we adapt? Joe Lasky is Chair of the what a piece of technology tells them. The human brain has a “habit- TAUC Safety and Health I also remind people that if you based system,” but it also has an Committee and Director of cannot hear your co-worker talking “intellectual system” that analyzes Corporate Safety, Health to you, or if you have to shout to be cognitive, rational, and logical ideas and Environment for heard when an arm’s length away, you and changes. Unfortunately, our Scheck Industries. are at or over the OSHA Permissible habit-based system is going to fight Join TAUC and NMAPC On Social Media! Follow us on Twitter, Facebook and LinkedIn to stay connected to TAUC and NMAPC, get the latest union construction news and updates, learn about upcoming events and more!

www.tauc.org/social www.nmapc.org/social

F a l l 2015 | 27

30007_Magazine.indd 27 10/6/15 9:01 AM Manpower: Customers Want to Know, “Where’s the Data?”

by JACOB SNYDER

he union construc- the customer’s call to be data-driven someone’s training profile display- tion and maintenance when it comes to providing skilled ing all of the training and skills they T industry is constantly evolv- manpower? We need to be able to have. These programs are models for ing. As time passes, new answer two questions: 1) How can we the industry and provide contractors technologies, methods and market verify the skills of an individual craft with the ability to verify the skill sets factors dictate the way we do business. worker? and 2) How many craft work- of the craft workers we hire. More often than not, our customers ers are available for a given project? We need to begin a dialogue with guide us in the direction we need to The contactor community has all of our union partners to ensure go through the questions they ask in often relied on internal labor studies that each craft has a system in place the project bidding process. Depending as a means to answer manpower ques- to easily demonstrate the skills of the on the factors affecting the market, tions. While these can be invaluable manpower they refer. It is not effi - customers have focused on areas such in the planning process if done cor- cient or impressive to a customer to as price, technology (think Primavera rectly, oftentimes many contractors have to call the hall and ask them to scheduling or 3D modeling) and safety. simply call the union hall and ask if look up paper training records for However, the first question many cus- the people will be available for a given each individual. tomers are now asking is, “Where are project and ignore issues of skill sets To answer questions about craft you going to get the skilled manpower all together. More often than not, the workers available for a given proj- required to complete this project?” business manager will answer, “Yes, ect, it is going to take some work to As union contractors, we have long manpower will be available,” and the develop the necessary databases and been able to rely on the fact that the contractor will move on to the next tracking mechanisms. However, our unions train a local workforce avail- craft. It shouldn’t surprise anyone to ability to do this will be a differentia- able to us whenever we pick up the learn that this type of information is tor in the marketplace. phone. There may not always be the largely useless unless a trained labor At our most recent TAUC Labor exact number of people with the exact relations professional conducts the Committee meeting in Baltimore, skill set we need for every project, but study and knows how to drill down Maryland we met with Boilermakers the system has worked well and most and ask the right questions. The fact International Vice President David customers have accepted our answers of the matter is, most union contrac- Haggerty. One of the major topics regarding our plan for manpower. tors are small in size and lack the we discussed was manpower, and it However, given the current increase labor relations staff needed to ade- was encouraging to hear about the in demand for construction labor in quately compile the data and analyze Boilermakers’ electronic manpower many parts of the country and the the labor market. So, what else can delivery system. The Boilermakers increased pressure from shareholders, be done to help us provide the data have developed an online system that rate payers, and company executives, needed to satisfy our customers? allows them to track their members so our customers are asking for more. To answer the question about that they can provide data at any given They want data. They want details. skills, I think we have several exam- time. While Mr. Haggerty noted that Vague answers and generalities are ples to look at in the industry already. the system is still somewhat new and no longer adequate to win projects. The Boilermakers have a MOST data- its capabilities are still being explored, Famed management consultant and base that provides individual profiles it is a promising development. This engineer W. Edwards Demming said, highlighting welding certifications, system is cutting edge and may be a “In God we trust, all others must drug test status, rigging credentials template for others to use. bring data.” and other training information. The The Labor Committee also dis- So, the question looms: How is Ironworkers issue individual ID cards cussed the manpower tracking the union construction and main- with QR codes that can be scanned that has been performed by the tenance industry going to answer by any smart phone to bring up Boilermakers in the Ohio Valley for

28 | T h e C o n s t r u ct i o n U s e r • w w w . t a u c . o r g

30007_Magazine.indd 28 10/6/15 9:01 AM Manpower: Customers Want to Know, many years. Twice a year, the owners, contractors, and Famous French General Napoleon Bonaparte said, “War is labor reps for the Ohio Valley come together to review ninety percent information.” So, our mission is to find a “Where’s the Data?” the manpower in the area for the coming six months. way to obtain, develop and deliver the information needed The union publishes a spreadsheet with each local’s to win our war. What are you going to do to help in the demographics relative to total members, certified welders war effort? and apprentices. They also provide a manpower demand estimate for each week during that six-month period. Jacob Snyder is the TAUC Labor Committee This data helps all three parties plan for the upcoming Chairman and Director of Safety and Labor season. If this type of data were available for all crafts in Relations for Enerfab Power & Industrial, Inc. all areas, it would be a true game changer for the union construction industry. We are in a war with our competition to win market share. Our ability to answer the manpower question will be a major factor in determining the outcome of this war. TAUC Issues Statement on Clean Power Plan

n early August, the unable to meet the government’s “The Clean Power Plan is well- Environmental Protection extreme demands. Many plants will intentioned but misguided, and its I Agency released the final have no choice but to shut down, fur- release is far from the end of this version of its controversial ther reducing the strength and reli- battle. TAUC intends to closely Clean Power Plan. TAUC CEO Steve ability of the U.S. energy grid and monitor forthcoming legal actions Lindauer issued the following statement guaranteeing vastly higher utility bills by the U.S. utility industry and in response: for American consumers. numerous states to prevent EPA “Although we must still closely “The closure of coal-fired power from taking these reckless and far- scrutinize the details of the Clean plants will also spell disaster for skilled reaching steps. Where appropriate, Power Plan, the broad outline of union craft workers and their union TAUC intends to support these and the final rule is troubling, to say the contractor partners. Rather than slash- other efforts for the sake of not only least. Despite the major investment ing carbon emissions, the Clean Power the union construction and main- by energy producers in technology Plan will instead slash tens of thou- tenance industry but also U.S. con- to reduce the environmental impact sands of good-paying middle-class jobs. sumers.” of electricity generation and the significant reductions in emissions from the power sector over the past two decades, EPA’s proposal calls for impractical and expensive reductions in carbon emissions. “In mandating a 32% cut in power plant emissions from 2005 levels - an increase from the already unre- alistic 30% cut the agency originally proposed - EPA’s plan will inflict far-reaching damage on U.S. power plants, the union industrial construction and maintenance industry and its skilled workforce, and U.S. consumers. The fact that EPA extends the mandate deadline from 2020 to 2022 is cold comfort for the hundreds of

coal-fired power plants that will be hutterstock S

F a l l 2015 | 29

30007_Magazine.indd 29 10/6/15 9:01 AM Establishing a Cybersecurity Data Breach Response Policy by STEVE FELLMAN TAUC General Counsel

uring the last few years we have seen 3. Review company insurance policies and confer with major data security breaches in many branches of your insurance carriers or brokers to make sure that D the federal government as well as large corpora- action taken by the Team to mitigate potential data tions like Home Depot, Sony, United Airlines losses does not result in the carrier claiming that you and others. Fiat Chrysler recently announced a huge recall have waived coverage. to install firewalls in vehicle computer systems to prevent hackers from causing the cars to malfunction. More than 4. Make a list of the various types of data contained on forty states already have laws addressing cybersecurity, and your system and determine what data is protected under Congress is considering a national law dealing with breaches federal law and the laws of the states in which you do of data systems. business, and what action is required in the event of a Contractors have data systems that carry a significant data breach. amount of personal employee data. Contractors working on government projects may have data on their sys- 5. Establish a schedule for notifying top management, tems that is considered non-public/classified. In recent the company Board of Directors, affected individuals Congressional testimony, a group of well-known hack- and law enforcement officials of the actual or potential ers gave multiple examples of how easy it is for sophisti- breach. cated hackers to access “well protected” data systems. In their testimony, they described hacking into the Microsoft Unfortunately, the threat of cybersecurity data breaches system. cannot be ignored. Many national CPA firms are now Every contractor should establish a Data Breach recommending that their clients include a data breach Response Policy that will enable you to act quickly in the response program as part of mandatory management prac- event of a breach. There is no standard definition for a tices. If you wait until you experience a security breach data security breach, but the proposed federal legislation before taking action, you may find that the costs of repair - defines a security breach as “a compromise of the security, ing the breach, both in terms of lost client confidence and confidentiality, or integrity of, or loss of, data in electronic out-of-pocket damages, are astronomical. If you set up your form that results in, or there is a reasonable basis to include team and response program before an incident occurs, you has resulted in unauthorized access to or acquisition of per- will be in a position to immediately mitigate your damages sonal [or otherwise protected] information....” and let your clients and your employees know that you have done everything possible to fully protect their interests as Here are some steps to follow: well as the interests of the company.

1. Appoint a Data Security Incident Response Team (the Steve Fellman is a shareholder with GKG Law in Team). These individuals should be given the authority Washington, D.C. He is also general counsel to The to take immediate action in response to a data security Association of Union Constructors. breach.

2. Provide the Team with the names of legal counsel and IT experts they can contact for immediate advice in the event of actual or suspected data breaches.

30 | T h e C o n s t r u ct i o n U s e r • w w w . t a u c . o r g

30007_Magazine.indd 30 10/6/15 9:01 AM ARE YOU TAUC GM MATERIAL? The weather is getting cooler, and the World Series is just around the corner! General managers are busy putting together what they hope will be championship-level teams.

Here at The Association of Union Constructors (TAUC), we have our own GMs – Governing Members, those who choose to step up and take a larger leadership role within the organization. TAUC is very proud of our Governing Members – and we want you to consider joining this special team-within-a-team.

Join Now & Participate in Upcoming TAUC Committee Meetings! December 8, 2015, Washington, D.C. Go to www.tauc.org/stuc for more info

Governing Members give their time and energy – and in return receive the following benefits:

• Eligible to serve on TAUC • Receive special discounted • Have opportunity to be Board of Directors rate for TAUC Leadership considered to serve as Conference NMAPC management • Eligible to chair TAUC representative Committees & Task Forces • Participate in all TAUC educational webinars free • Signatories to 10 or more • Have full voting privileges of charge NMAPC agreements at TAUC meetings receive a discount of up to • Obtain labor relations $3,200 per year on admin- assistance from TAUC staff istrative fees

Don’t delay – become a TAUC Governing Member Today! Contact: Todd Mustard Senior Director of Government Affairs and Member Services (703) 524-3336 x112 [email protected]

30007_Magazine.indd 31 10/6/15 9:01 AM Coming in Early 2016

The National Maintenance Agreements Policy Committee, Inc. (NMAPC) is pleased to announce a new comprehensive web-based portal for all things related to the National Maintenance Agreements (NMA). The NMA I.Q. eLearning Resource Center will be a valuable tool for newcomers to the NMAPC Program as well as seasoned veterans seeking a specific piece of information — and everyone in between. www.nmaiq.org

30007_Magazine.indd 32 10/6/15 9:01 AM