AA DD VV AA NN CC II NN GG UU NNIIOONN CC OONNSS TT RR UU CC TT II OONN AA NN DD MM AA II NN TT EE NN AA NN CC EE

A Publication of The Association of Union Constructors | www.tauc.org | Winter 2017-18

2018 FIELD GUIDE

Winter 17-18 32 Pages

PAGE 6 – TAUC’s 2018 Priorities PAGE 8 – What’s Your Story for 2018? PAGE 10 – When Labor & Antitrust Laws Clash PAGE 11 – Worker Shortages & Safety: The Hidden Link

8.375” x 10.875” The Association of Union Constructors Made in Saddle Stitched America The Construction User Magazine is published quarterly

45617_MAGWinter.indd 1 12/1/17 7:38 AM ADVANCING UNION CONSTRUCTION AND MAINTENANCE THECONSTRUCTIONUSER aa veryvery A Publication of The Association of Union Constructors | www.tauc.org | Winter 2017-18 OdeOde ChristmasChristmas

BRIAN CHAD

FRED ODE MIKE ODE FOUNDER / CEO PRESIDENT

KEVIN MELORA MATT

TuneTune inin forfor aa freefree demo!demo! VISIT WWW.FOUNDATIONSOFT.COM/ODEBUNCH

AMERICA'S #1 CONSTRUCTION ACCOUNTING SOFTWARE®

45617_MAGWinter.indd 2 12/1/17 7:34 AM ADVANCING UNION CONSTRUCTION AND MAINTENANCE

THECONSTRUCTIONAA DD VV AA NN CC II NN GG UU NNIIOONN CC OONNSS TT RR UU CC TT II OONN AA NN DD MM AA II NN TT EE NN AA NN CC EE USER A Publication of The Association of Union Constructors | www.tauc.org | Winter 2017-18 a veryvery A Publication of The Association of Union Constructors | www.tauc.org | Winter 2017-18 a The Construction User 2018 is published quarterly by: FIELD GUIDE

Winter 17-18 32 Pages

PAGE 6 – TAUC’s 2018 Priorities PAGE 8 – What’s Your Story for 2018? PAGE 10 – When Labor & Antitrust Laws Clash PAGE 11 – Worker Shortages & Safety: The Hidden Link

8.375” x 10.875” The Association of Union Constructors Made in Saddle Stitched America OdeOde ChristmasChristmas The Construction User Magazine is published quarterly The Association of Union Constructors 1501 Lee Highway, Suite 202 Arlington, VA 22209 BRIAN CHAD 703.524.3336 From the Desk of the President 703.524.3364 - fax www.tauc.org 4 Reflections & Opportunity Ex ecutive Editor by Jake Locklear David Acord 703.628.5545 [email protected]

Adv ertising Rertp esen ative Features (Contact for rates and details) Bill Spilman Innovative Media Solutions 6 A Bias Toward Action: TAUC in 2018 320 W. Chestnut St. FRED ODE MIKE ODE by Steve Lindauer, TAUC CEO P.O. Box 399 FOUNDER / CEO PRESIDENT Oneida, IL 61467 8 Preparing for 2018: What’s Your Story? (309) 483-6467 by Mark Breslin [email protected]

KEVIN MELORA MATT th Art Dir ection & De sign 16 NMAPC Honors 17 Annual Zero Injury Safety Award Winners Top Shelf Design, LLC http://topshelfdesign.net/ 18 Complete List of 2017 ZISA Winners Subscriptions For information about subscriptions, reprints, or purchasing bulk copies, contact Executive Editor David Acord at 703-628-5545 or [email protected].

Columns ©2017 THE ASSOCIATION OF UNION CONSTRUCTORS. ALL RIGHTS RESERVED. THE CONTENTS OF 10 Legal Corner THIS PUBLICATION MAY NOT BE REPRODUCED, IN WHOLE OR IN PART, WITHOUT THE PRIOR When Labor & Antitrust Laws Clash, Courts’ Rulings are Inconsistent WRITTEN CONSENT OF THE PUBLISHER. By Steve Fellman TuneTune inin forfor aa Cover: Illustration by Industrial Relations Corner 11 Top Shelf Design, LLC freefree demo!demo! Shortage of Construction Workers Presents Safety Challenges by Jacob Snyder VISIT WWW.FOUNDATIONSOFT.COM/ODEBUNCH 12 EHS Corner On the Road Again by Joe Lasky, Jr. 13 LEO Corner ZISA – More Than an Award by Scott Fisher 26 Government Affairs Corner Tax Reform Takes Center Stage by Jim Kolb

AMERICA'S #1 CONSTRUCTION ACCOUNTING SOFTWARE® PUBLISHED DECEMBER 2017

W i n t e r 2 017-18 | 3

45617_MAGWinter.indd 3 12/1/17 7:34 AM Reflections & Opportunity

“Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.”

— Ferris Bueller from the 1986 movie, Ferris Bueller’s Day Off

HE ABOVE QUOTE c. August 15-16 - TAUC headlined my article for the Summer Summit is taking T Spring issue of Th e place in Baltimore, MD with Construction User magazine. a tour of DEWALT’s R&D Little did I know how true that quote Facilities would be for 2017. (I am a parent of three young children, so I should d. December, TAUC Open appreciate how quickly life moves. But House & State of the I don’t.) The year seems to have flown Union Construction Industry by, with many challenges and changes. in Washington, DC. by JAKE LOCKLEAR The end of the year is often an opportunity to reflect. What did I 2. Our industry needs leaders TAUC PRESIDENT hear and see? What successes can we willing to invest time and PRESIDENT AND CEO, celebrate? What failures can we learn energy in building ourselves, our APM + APCOM from? Whom have I influenced, and teams, our markets and our next who has influenced me? What is my generation. What investments Why? Am I still living congruently have you made in you and your with my Why? team’s growth this year? As we close out 2017, I encourage us all to take time and look back a. Did you calendar 10 minutes The end of the year is often on the year. In prior articles, I have per day to read about shared a few specific actions to help us something new in our industry an opportunity to reflect. engage in our industry. As you reflect and/or our markets? Catch up on 2017, ask yourself some questions, over the holidays and set aside What did I hear and see? and then challenge yourself to act. that time in 2018. What successes can we 1. The voice of union construction b. Did you collaborate with celebrate? What failures needs your voice. How engaged someone on a new technology were you in moving our to adopt, a new market to can we learn from? organization forward? Block out enter, a new skill to add? Once the following weeks on your 2018 you get into the rhythm of calendar, and bring someone with reading and learning, commit you – a fellow union contractor or in 2018 to reach out to a a customer influential in the union partner in our industry and construction industry. work together on progress – moving your team, your a. May 15-18, TAUC Leadership business, our industry forward. Conference in Key Largo, Fla. c. How often did you recognize b. June 19-21, TAUC Industrial members of your team for Grade Innovation Conference their excellence? If we are hon- & Expo in Dearborn, Mich. est, most will say not enough. The holidays are a great

4 | THE CONSTRUCTION USER • WWW.TAUC.ORG

45617_MAGWinter.indd 4 12/1/17 7:34 AM opportunity to say thank you, Having reflected on these disas- • J.J. Watt, who raised almost both in word and in deed, to ters this past fall, I have also seen an $40M for hurricane relief; Jim those who lift us up. opportunity for our industry to take McIngvale, who opened his collective action, together as ONE. Gallery furniture stores to anyone 3. Have you developed your elevator In places where a natural disaster in need; HEB grocery, who kept speech? Do you know your -- and occurs, there will be a need for com- shelves stocked when travel was our -- WHY? Use the year-end as petent, professional, trusted construc- perilous; and others of similar an opportunity to reflect on why tors to provide skilled resources to devotion who served our neigh- you are so passionate about union help communities, businesses, gov- bors in need. construction and our craftsmen ernments, etc. recover and rebuild. and women. Then use 2018 as an Within TAUC, we have constructors • Policemen, firemen, National opportunity to share your passion of integrity. We have relationships Guard, and others who tire- with anyone and everyone. Our with 14 building trades that have mil- lessly protected and served the industry needs passionate people lions of craftsmen and women avail- community. who can articulate our values and able. We can meet this need unlike our vision. any others in the industry. • Neighbors with boats who risked We can also meet this need with their lives to save others. Finally, the end of the year is often compassion and the community a time we give ourselves to service. I interest at heart. We have the We have an opportunity to add know many of you have served our ability to reduce cost to help these to that list. Houston can again country and communities this year, communities. We have the ability to love union constructors and union giving your money, time and energy train displaced workers with skills. craftworkers. to helping those who were hit hard We have the ability to mobilize I ask each of you to engage me in by Hurricanes Harvey, Irma, and quickly. considering how we can reflect on Maria as well as the wildfires in the This fall in Houston we have seen these disasters and the challenges northwest USA. As you know, I am a community fall in love with a few they created, what we can learn from from Houston, which suffered so groups: them, and how we as an industry much devastation from Hurricane can be proactive to have a solution Harvey. I personally thank all of you • The World Series champion available to meet the next need. who came to our aid in a great time Houston Astros. Finally, I pray you all enjoy a safe, of need. healthy, and joyous holiday season.

WINTER 2017-18 | 5

45617_MAGWinter.indd 5 12/1/17 7:34 AM A Bias Toward Action: TAUC in 2018 by STEVE LINDAUER, TAUC CEO

HIS IS THE time of year when many contractors from broad, big-picture ideas to more granular, boots- find themselves inundated with to-do lists. So on-the-ground concerns, but one consistent theme shines T much has to be done before the end of the year, through: a bias toward action. In other words, once we from attending board meetings and coordinating have thoroughly researched an issue and consulted with employee vacation schedules to planning the annual company our members and industry stakeholders, we don’t want holiday party. And that’s just on the business side; we also to just sit on the sidelines. We want to be on the field, have to juggle family obligations, holiday travel and, of course, executing a solid and considered game plan to “move shopping for gifts. the ball forward” and make real progress, whether it’s In all of this end-of-year rush, it can be difficult to on Capitol Hill or in an owner-client’s executive suite. carve out time to think long and hard about priorities and As legendary businessman Jack Welch put it, “An orga- goals for the coming year – both for your company and nization’s ability to learn, and translate that learning into the industry as a whole. What are some of the biggest chal- action rapidly, is the ultimate competitive advantage.” lenges you’ll face in 2018? Which specific areas of your business need more time and attention? What new indus- • Tackle the opioid crisis head-on. Opioid abuse is trial trend could revolutionize – or perhaps even jeopardize reaching epidemic levels in many communities across the – your business? country – and unfortunately, it is impacting the union Every contractor will answer these questions differ- construction and maintenance industry as well. It’s not ently, of course. But to help you jumpstart your 2018 plan- an easy subject to talk about, but one thing is clear: the ning, I’d like to share some of the top items on TAUC’s tripartite community can’t remain silent. It’s time to sit priority list for the coming year and beyond. They range down and have the tough conversations. In 2018, TAUC

2018 To Do List

Tackle the opioid crisis head-on.

Take our government relations activities to the next level.

Expand the reach of Construction Employers of America.

Embrace the potential of new technology to transform our industry.

Grow our new Legacy Partner program.

6 | THE CONSTRUCTION USER • WWW.TAUC.ORG

45617_MAGWinter.indd 6 12/1/17 7:34 AM will be working closely with the building trades, our from the NREC sat down with our contractors and member contractors and owner-clients to formulate a discussed how robotics and other advanced high-tech clear and effective plan of action to deal with drug abuse solutions can be integrated into our industry. both on and off the jobsite. We want to ensure that any- one in our industry with an addiction problem has some- In 2018, TAUC’s commitment to helping members where to go – and someone to turn to – for help. understand and embrace technology will enter a new and exciting phase. We are excited to announce a brand- • Take our government relations activities to the new event, the Industrial Grade Innovation Conference next level. For the last several years, TAUC has been & Expo (IGI), scheduled for June 19-21 in Dearborn, working hard to enhance our presence on Capitol Hill Michigan. IGI is destined to become the premier annual and advocate for our members. For too long, politi- event where union construction and maintenance exec- cians have enacted laws and policies that sound great on utives, owners, technologists, and innovators gather for paper, but end up hurting (even crippling) contractors’ educational seminars, dynamic speakers, knowledge- livelihoods. TAUC has positioned itself as a conduit sharing, networking, and inspiration. You’ll be hearing between the Washington establishment and our mem- more about IGI soon! bers, opening up dialogue and lines of communication so that Democrats and Republicans alike understand • Grow our new Legacy Partner program. This year, the effects their actions have on businesses in the “real TAUC launched its Legacy Partner Program, which world.” In 2018, we’re stepping up those efforts even matches the foremost manufacturers and service pro- more. It is TAUC’s intention to create a political action viders in the industry with our dynamic network of committee, or PAC, to support legislators who advocate decision makers from the contractor, owner and union for the commonsense policies that will help our indus- labor communities. In the spring, we were honored try to grow and thrive. I hope to be able to share more to welcome our first Legacy Partner, DEWALT, the details about the PAC with you very soon. world’s leading provider of industrial power tools. In just a few short months, our contractors and DEWALT • Expand the reach of CEA. In 2016, TAUC and four have already opened a dialogue about the unique needs other premier national construction specialty contract- of the industrial sector of the construction industry. ing associations launched the Construction Employers We recently added a second partner, ProCore, mak- of America (CEA), a joint initiative to coordinate action ers of the most widely used construction management on construction, workforce, and labor issues facing software in the industry, and are looking forward to their industries. In less than two years, we have helped another mutually beneficial arrangement with them as make CEA a force to be reckoned with in Washington, well. In 2018, we will seek to grow the Legacy Partner putting contractors in touch with legislators and advo- program even further, giving our members more cating for important issues like infrastructure spending. opportunities to connect with service providers. In 2018, we will work to broaden CEA’s reach beyond government affairs and into such areas as industrial As you can see, 2018 is shaping up to be a busy year relations and environmental safety and health. for TAUC – the Year of Taking Action, you might call it. Our association occupies a unique leadership role within • Embrace the potential of new technology to trans- our industry, and we don’t intend to let our members down. form our industry. In order to survive, our industry Join us for the ride – and help us make the coming year the must enthusiastically seek out the latest technologi- most successful yet. And on behalf of everyone at TAUC, cal innovations, from wearable technology and 3D we wish you a happy, healthy and safe holiday season! printing to advanced robotics and exoskeletons. If we don’t, our competition – and the world – will pass us Steve Lindauer is the CEO of The Association of by. At our Leadership Conference this past May, we Union Constructors and also serves as Impartial doubled down on tech, inviting speakers who helped Secretary and CEO of the National Maintenance us understand not only why we need to embrace the Agreements Policy Committee, Inc. (NM latest innovations, but how to figure out what the “next big thing” will be before it even arrives. And in August, at our Summer Summit in Pittsburgh, we took members on a field trip to the Carnegie Mellon National Robotics Engineering Center (NREC) where we participated in fascinating virtual reality (VR) simulations – and met a robot that knew how to use a battery-powered screwdriver. Afterwards, leaders

WINTER 2017-18 | 7

45617_MAGWinter.indd 7 12/1/17 7:34 AM Preparing for 2018: What’s Your Story? by MARK BRESLIN

S 2017 WINDS down and we start looking ahead The other part of our story has to involve demonstrating to 2018, chances are you’re thinking in terms of clear career path advancement opportunities. We have A budgets, new work opportunities, equipment to sell what millennials are interested in, which is how to purchases and a thousand other details involved move forward in their chosen field. How do we do that? in running a successful business. Manpower is probably right By clearly and simply laying out the steps involved in the at the top of your list, too. How are you going to find a advancement process – what they need to do, the skills they new crop of bright, qualified people eager to get after it and need to learn, and so on. Unions and employers both need work their tails off? to use this career path diagram when having discussions Regardless of whether you are a contractor, labor orga- with them: nization, utility, oil company, manufacturer or service provider, if you want to attract real talent next year – and beyond – you have to focus on one thing above all others: THE LEADERSHIP NARRATIVE tell your story, and tell it well. CULTURE = RAISING SELF IDENTITY In today’s business environment, having a great story to tell is essential. A 2016 Forbes article called storytelling “the new strategic imperative of business.” People respond to a powerful, authentic story about what your organiza- tion does, why you do it, and your goals for the future. It motivates them and makes them want to be a part of what FOREMAN you’re doing. But here’s the problem: right now, we are telling a ter- rible story to young people about the career path available MASTER CRAFTSMAN in the union construction industry. Like it or not, we still are perceived as a career of last resort. Ask teachers, school counselors, or parents. We have been selling what people don’t want. So it is time for our story to change. PROFESSIONAL JOURNEYMAN There are really two parts to this: first, figuring out the story you want to tell, and then determining where and how you tell it. Let’s start with the first part: defining our APPRENTICE industry story. Right now it sounds like this. “Good job, good wages.” Lame. Ugh. This is a 1970s story. It’s part of our Boomer heritage of “work hard to get ahead.” It is dull, unimaginative and poorly conveyed. The other half of the issue is where and how we tell our Here is the new career story in 25 words: “A $50- story. And sadly for those of us who are a little grey and 80,000, debt-free technical education – including, in most grumpy, that story is most often told online –by you or by cases, college credits – leading to career path opportunities someone else. in leadership earning in excess of $100,000 per year.” It was not that long ago that I laughed off Facebook. I If you don’t think message matters, take a page from made fun of it as a stupid, time-wasting social enterprise the military. The various branches offer the opportu- for undisciplined people with too much time on their nity to serve your country, sure – but they sell education hands. Then I got hit in the head with a two-by-four. and financial assistance on the back end. Oh, and by the A very heads-up young business agent in the Midwest way, according to USA Today, the U.S. Army is spending showed me a construction Facebook group. It was made $300,000,000 to recruit 6,000 new members this year. That up of qualified, skilled craftworkers in construction and is our competition. energy turn-around. They were connecting peer-to-peer,

8 | THE CONSTRUCTION USER • WWW.TAUC.ORG

45617_MAGWinter.indd 8 12/1/17 7:51 AM sharing information on where jobs are, how good certain personal engagement to occur. This is a place to show employers are, what industry trends they are seeing and, in camaraderie. This is an informal place to tell your story some instances, just screwing around with each other in a not only to prospective employees, but to your own good-natured way. people as well. I know you aren’t going to create the Here’s what changed my entire viewpoint: that Facebook Facebook page yourself, so find a couple of Millennials group has 30,000 members. who will. I share this as one small example of how drastically the job-hunting and employment world has changed. It is the Telling our story matters. Telling it well matters more. era of Yelp, Trip Advisor and Glass Door. People are used Let’s get with the program and retire outdated stereo- to evaluating products, services, companies and careers. types of our industry and career opportunities. The war You have to tell your story and tell it well, or you might get for talent is on…and we need to be more interested in your ass handed to you. winning it. Here are four items that we might want to consider implementing to tell your story more effectively: Mark Breslin is a strategist and author of several books, including most recently, The Five Minute 1. Add high-quality video to your home or landing Foreman: Mastering the People Side of page on the web. Today the narrative of who you are, Construction. Visit his website at what you stand for, how your employees or members www.breslin.biz or contact him at feel, and what opportunities exist can be told best in (925) 705-7662. visual form. If I can go on Realtor.com and find ten fixer-uppers in three minutes, shouldn’t I be able to find out all about you without searching a bunch of pages or having to read a ton of narrative? Add video. Don’t cheap out.

2. Create a high-quality LinkedIn presence. This site is the number-one location for talent procurement in the country. Every one of your employees on LinkedIn is available to be recruited 24-7 -- and every prospect working for someone else that could be working for you is in the same arena. Having a company or organization page, as well as a group, is certainly not a bad way to tell your story, and it barely costs anything. Post cool project pictures. Recognize people via company awards.  Tell your workplace safety story there, etc. 3. In the Careers Section of your website, make sure Payroll got you down? to have testimonials, especially from Millennials. This group uses third-party validation as their number- We’ll help. one reference when making decisions. And if you can combine this with the video idea, you have doubled your impact.

4. Put up a Facebook page. Yes, it really is important. GET AN INSTANT QUOTE: Think of your organization like a big extended family unit. They want to know what’s going on with the other family members. These can be crews, divisions or simply those working far away. Maximize the (800) 949-9620 engagement and connection of what everyone is doing in this centralized way. This is a place for positive

WINTER 2017-18 | 9

45617_MAGWinter.indd 9 12/1/17 7:34 AM When Labor & Antitrust Laws Clash, Courts’ Rulings are Inconsistent By STEVE FELLMAN, TAUC LEGAL COUNSEL

HIS ISSUE, I’D like to take The Longshoremen and PMA had question was IBEW work. PMA – an in-depth look at two agreed that under the CBA, “reefer” which, again, had been representing T recent court cases with very work — plugging, unplugging and ICTSI in negotiations – filed an different outcomes. They monitoring refrigerated shipping action in U.S. District Court to set show an alarming lack of consistency containers — would be performed by aside the NLRB decision. in the way courts decide how antitrust Longshoremen. The Longshoremen The District Court did just that, laws should be applied in the context sought to perform that work at and ICTSI appealed to the Ninth of collective bargaining agreements – a Terminal 6. However, ICTSI claimed Circuit Court of Appeals. The Ninth sobering and important fact all that reefer work at Terminal 6 had Circuit reversed the District Court contractors should be aware of. traditionally been performed by holding, finding it did not have the the International Brotherhood of authority to overrule the NLRB on The Longshoremen Case Electrical Workers (IBEW) and, this issue. pursuant to its lease with the Port But it still wasn’t over. The The first case I would like to of Portland, it did not have the Longshoremen and PMA then filed discuss is International Longshoremen authority to assign such work to the another suit in U.S. District Court and Warehouse Union; Pacific Maritime Longshoremen. under Section 301 of the Labor Association v. ICTSI, Inc. On July 24, The Longshoremen filed a Management Relations Act. They 2017, the United States Court of grievance with the joint committee asked the Court to order ICTSI Appeals for the Ninth Circuit held which awarded the work to the to comply with the joint commit- that even though the joint activity of a Longshoremen. ICTSI refused to give tee decision and award the work to union and a multiemployer collective the work to the Longshoremen and the Longshoremen. ICTSI coun- bargaining association may violate filed a Section 10(k) proceeding with terclaimed, alleging among other the provisions of Section 8(e) of the the NLRB to settle the jurisdictional things that the agreement between National Labor Relations Act, if such dispute. The NLRB sided with ICTSI, illegal conduct is related to mandatory issuing a decision that the work in Continued on Page 27 subjects of collective bargaining, such conduct may still be protected from forming a basis for antitrust liability because of the non-statutory labor exemption to the antitrust laws. Here are the basic facts: the International Longshoremen and Warehouse Union (the Longshoremen) had a multiemployer collective bargaining agreement (CBA) with the Pacific Maritime Association (PMA). ICTSI operated marine shipping Terminal 6 in Portland, Oregon pursuant to a lease with the City of Portland. ICTSI was a member of PMA, which represented ICTSI in Over 600 Field Employees negotiating with the Longshoremen. More Than 1 Million Man Hours Annually Under the collective bargaining agreement, a joint committee had been established to handle all jurisdictional 800-683-4586|www.krsm.net disputes. Request a quote: [email protected]

10 | THE CONSTRUCTION USER • WWW.TAUC.ORG

45617_MAGWinter.indd 10 12/1/17 7:34 AM Shortage of Construction Workers Presents Safety Challenges By JACOB SNYDER

RE WE GOING to be able to get the people 2. With fewer workers than positions, workers will we need?” This is an all-too-familiar question be asked to put in longer hours. One of the ways employ- “A that contractors and labor suppliers are being ers help attract workers when shortages occur is to offer asked every day. It’s a valid one, too, as the more hours. In many cases this involves working 12-hour aging construction workforce is retiring, the demand for days, seven days a week. Further, employers may not use construction workers is growing as the construction market this type of schedule only to attract workers, but also to get continues to see increases in spending, and the skills needed work completed if they are unable to hire enough people to are evolving. complete it on a shorter shift schedule. The 2017 TAUC Union Craft Labor Supply Survey iden- A study by the publication Occupational and Environmental tified that the craft shortages being experienced by contrac- Medicine found that working in jobs with overtime sched- tors are worse in 2017 in both pervasiveness and degree. ules was associated with a 61% higher injury hazard rate Further, according to BLS data, the construction indus- compared to jobs without overtime. Working at least 12 try unemployment rate of 4.7% is the lowest since 2000, hours per day was associated with a 37% increased hazard and the growth rate of construction employment is 2.7%, rate and working at least 60 hours per week was associated which is more than double the national average. Couple with a 23% increased hazard rate. that growth with the known new demand from all of the recent storm damage in the Southern United States and you AD 3.9.16:AD 6.16.15 3/9/16 4:37 PM Page 1 have the recipe for a massive worker shortage. Continued on Page 29 While these two elements present both a myriad of challenges and opportunities for the union construction industry, one of the most important areas that needs consideration is the impact they could have on safety performance on our jobsites.

Impact of increased craft demand on safety

Below are two areas I have identified that are specifically related to safety performance which are likely to occur as a result of both the growing business opportunities and the shortage of available workers. 1. More inexperienced craft workers will be used. There are two types of experience that impact a craft worker: experience within the given craft/industry, and experience with a specific company and type of task. BLS data shows that 60% of construction injuries occur when Right Team. an employee has less than one year of experience in an industry or with a specific employer. Right Solution. That is an astonishing number to consider! During busy McCarl’s – 70 years of superior construction, fabrication, times, demand for veteran craftworkers grows. The new and on-site management solutions across a wide range people who step in to fill the gap will be inexperienced, of industries throughout the region, including: shale gas, either with your organization or construction in general. petrochemical, water treatment, chemical, steel, power This puts contractors in a bind: they have to figure out how generation, and cryogenics. to train and monitor these inexperienced workers, often- Call us today. We do it right. times without the benefit of senior men and women to serve as mentors. www.McCarl.com

WINTER 2017-18 | 11

45617_MAGWinter.indd 11 12/1/17 7:34 AM On the Road Again By JOE LASKY, JR., CSP, CHMM

HILE AUTOMOBILE FATALITY statistics continue • Utilize a monitoring partner to assist with your driver’s safety to improve every year, driving a car still remains the program. At Scheck, we partner with our insurance broker. W single most dangerous activity we do during the day. Annual audits are performed to ensure our process is work- When we factor in construction work — which, ing – performing MVR background checks, refresher drivers’ according to the Department of Labor, accounts for over 21% training, motor vehicle incident reporting, etc. of fatalities in private industry since 2015 — driving becomes a The most important point to be taken away from all this is significant construction employer safety concern, and the risk that we all have to have a safe driver mentality. The difference includes both personal and business vehicle usage. between motorists who never have an accident and drivers According to the Centers for Disease Control and who contribute to the average driving statistics is “mental- Prevention (CDC), unintentional motor vehicle traffic acci- ity.” Safe drivers just drive! Ignore your electronic device. dents still rank at the top across most age groups. With so Concentrate on your own driving and do whatever it takes to many of us partaking in different forms of “distracted” or, at be as safe as possible. It all starts with the right mindset. So, a minimum, unfocused driving, it behooves us to step back some food for thought: are you a safe driver or not? There is and take a look at our own driving behaviors. I have a relative no safe middle of the road. who is afraid to fly on airplanes but when it comes to driving, Stay Safe Out There! no problem. However, driving is actually more dangerous than flying, with more than five million accidents compared Joe Lasky is Chair of the TAUC Environmental to 20 accidents while flying! The very nature of the driving Health and Safety Committee and Director of process relaxes us and we all are guilty of letting our guard Corporate Safety, Health and Environment for down at some point. Scheck Industries. It is important for companies to set high standards and create positive driving behaviors, but it must be a continu- ous process informed by concrete policies, shared motiva- tion and expectations to improve, as well as useful data and quality leadership. It is important to continually engage employees in safety, not only creating awareness of what to do, but also why it is important to them (i.e. returning home safe to their families every day). In a 2017 white paper, Samba Safety outlines seven critical steps to create/ensure an effective driving safety culture. The first is that employees need to continually be motivated to drive safer. One great way to do this is to emphasize real-life situations – for instance, showing video of an accident that occurred as a result of texting-while-driving. Some other important points Samba Safety discusses in the white paper include: • Demanding that employees who are on the road call into the office or participate in conference calls while driving, or that they immediately respond to emails or texts, can lead to distracted driving. • To create a consistent driving safety policy, companies should consider refresher training (both in the classroom and on the road), motor vehicle registration (MVR) background check, and incident update meetings with supervisors. • Companies should ensure their motor vehicle accident People. Integrity. Excellence. Stewardship. statistics are accurate and up-to-date. Ongoing new It’s not just what we do — it’s how we do it. employee pre-hire screening/training/MVR checks and monthly drivers’ license checks are essential to ensure compliance. KIEWIT.COM 12 | THE CONSTRUCTION USER • WWW.TAUC.ORG

45617_MAGWinter.indd 12 12/1/17 7:34 AM ZISA – More Than an Award By SCOTT FISHER

N EARLY NOVEMBER, the NMAPC held its people doing different jobs at the same time – it can be annual Zero Injury Safety Awards® Gala (ZISA®) overwhelming for the uninitiated. It takes enormous skill, in Washington, D.C. (see coverage beginning on intelligence and – above all – focus and teamwork to com- I ® Page 16). As you know, ZISA is the premier plete these incredibly complicated jobs with no injuries. safety recognition event in our industry. This year’s Gala I spoke with Paul Wrzesinski, AGC of Michigan’s honored 130 tripartite teams – contractors, labor and owner- Director of Safety, about the significance of ZISA®. Here’s clients – who collectively performed more than 24 million what he had to say: “In the past, safety and health was injury-free work hours on projects in calendar year 2016. often perceived as programs and procedures that were As Vice President of Labor Relations, Safety & Health effective in telling employees what to do and what not to and Workforce Development for the Associated General do. Companies now are approaching safety as a culture Contractors (AGC) of Michigan, I am pleased to note that that includes input and buy-in from management and two of our members were part of tripartite teams that won employees at every level focusing on safety and health as an Certificates of Merit, which recognize 50,000 to 199,999 ‘expectation,’ not a rule or policy. This can be effective in hours worked with zero recordable injuries. One team – ensuring that employees do the right thing even ‘when no Commercial Contracting Corporation, General Motors one is watching’ as they feel value and responsibility and and the Michigan Building Trades Council – worked take ownership of the protections, and training for others’ more than 88,000 injury-free work hours at the Lansing safety and health. In doing this, companies have experi- Delta Township Assembly in Lansing, Mich. The second enced outstanding results and have achieved the ultimate team – Aristeo Construction, General Motors and, again, goal of zero injury and illness.” the Michigan Building Trades Council – worked more And here is another great point by Christopher Malloy, than 64,000 injury-free work hours at the Flint Truck Director of Risk Management for Aristeo Construction: Assembly in Flint, Michigan. Aristeo also worked 73,206 “These awards have profound meaning to our organiza- injury-free hours with the South Central Indiana Building tion. Achieving tens of thousands of self-perform work Trades Council at the General Motors, Bedford Foundry in hours without an injury does not just happen. The right Bedford, Indiana. processes, people, and equipment must be in place before proceeding with any project. More importantly, it takes a fully committed team that meticulously plans each and “A Zero Injury Safety Award is much more every work task; a team that has the culture and courage to stop the work if things change or do not go as planned. than a plaque to hang on a conference These concepts are integral to achieving a zero injury mindset.” room wall.” So the next time you walk into someone’s office and see a Zero Injury Safety Award hanging on the wall, don’t write it off as “just another plaque.” Take a moment to recognize all the hard work that went into that award, and We’re extremely proud of both companies, their employ- then ask them about it. I guarantee, you’ll be in for a great ees and the numbers they posted. But I know some people story. might be thinking, “It’s just another award. What does it really mean?” As a LEO representative and a Carpenter by Scott Fisher is the TAUC LEO Committee Chair Trade, I can say that a Zero Injury Safety Award is much and Vice President of Labor Relations, Safety & more than a plaque to hang on a conference room wall. It Health and Workforce Development for the represents an achievement that, quite frankly, people out- Associated General Contractors (AGC) side of our industry don’t fully understand. Until you’ve of Michigan. worked on a massive, multi-million-dollar industrial proj- ect, you can’t fully comprehend the numerous dangers contractors and craft workers face on a daily basis. Cranes, trucks, giant steel girders, welding torches, hundreds of

WINTER 2017-18 | 13

45617_MAGWinter.indd 13 12/1/17 7:34 AM 60+ OSHA AND TABLE 1 THE POWER TO STOP The electronic Kickback Brake™ COMPLIANT DUST SOLUTIONS engages with maximum force to quickly stop the wheel and shut Dust shrouds and dust extractors can decrease off the grinder when a pinch, stall, the potential of inhaling dust. They can also or bind-up occurs to reduce the risk help increase visibility and reduce cleanup and of damage or injury. maintenance costs.

DeWALT dust systems are compliant through their adherence to OSHA requirements for handheld CONTROL WHEN YOU NEED IT ® and stand-mounted drills (including impact and The E-Clutch system senses tool motion rotary hammer drills). and reduces motor torque to a manageable level when binding or pinching is detected.

Introducing the first CORDLESS ADHESIVE INSTALLATION SYSTEM. LANYARD READY CONNECTION OPTIONS* No need for hole cleaning, AND code compliant Connection option allows users to utilize a lanyard to tether the grinder to rigid structures on jobsites.

*Lanyard and lanyard connection not included. Additional safety instructions included in manual.

ICC-ES APPROVED

POWER DRILL DISPENSE

FOR MORE INFORMATION: DCE591D1 www.DEWALT.com/PNP

DCB1800 DCH481X2 DWV012 DEWALT’s Perform and Protect™ tools defend against dust inhalation, loss of torque Copyright ©2017 DEWALT. control, and lessen tool vibration without sacrificing the performance you demand.

14 | THE CONSTRUCTION USER • WWW.TAUC.ORG

45617_MAGWinter.indd 14 12/1/17 8:07 AM 60+ OSHA AND TABLE 1 THE POWER TO STOP The electronic Kickback Brake™ COMPLIANT DUST SOLUTIONS engages with maximum force to quickly stop the wheel and shut Dust shrouds and dust extractors can decrease off the grinder when a pinch, stall, the potential of inhaling dust. They can also or bind-up occurs to reduce the risk help increase visibility and reduce cleanup and of damage or injury. maintenance costs.

DeWALT dust systems are compliant through their adherence to OSHA requirements for handheld CONTROL WHEN YOU NEED IT ® and stand-mounted drills (including impact and The E-Clutch system senses tool motion rotary hammer drills). and reduces motor torque to a manageable level when binding or pinching is detected.

Introducing the first CORDLESS ADHESIVE INSTALLATION SYSTEM. LANYARD READY CONNECTION OPTIONS* No need for hole cleaning, AND code compliant Connection option allows users to utilize a lanyard to tether the grinder to rigid structures on jobsites.

*Lanyard and lanyard connection not included. Additional safety instructions included in manual.

ICC-ES APPROVED

POWER DRILL DISPENSE

FOR MORE INFORMATION: DCE591D1 www.DEWALT.com/PNP

DCB1800 DCH481X2 DWV012 DEWALT’s Perform and Protect™ tools defend against dust inhalation, loss of torque Copyright ©2017 DEWALT. control, and lessen tool vibration without sacrificing the performance you demand.

WINTER 2017-18 | 15

45617_MAGWinter.indd 15 12/1/17 8:07 AM NMAPC Honors 17th Annual Zero Injury Safety Award Winners

BMWC Constructors, ExxonMobil and the Will and Grundy Counties Building Trades Council received the top Gold Star Award for 1,364,424 injury-free hours worked at the Joliet, Illinois Refinery.

ASHINGTON, DC - The National Maintenance Of that number, 128 worked together under the auspices of Agreements Policy Committee, Inc. (NMAPC) the National Maintenance Agreement (NMA), while two is pleased to congratulate the winners of the 17th teams worked under the National Construction Agreement W ® ® Annual Zero Injury Safety Awards (ZISA ), the (NCA). premier safety recognition program in the union construction Altogether, the 130 winning teams accounted for more and maintenance industry. The ZISA® Gala was held on than 24 million injury-free hours worked in calendar year Thursday, November 2 at the historic National Building 2016 — also the most in ZISA history, shattering the previ- Museum in Washington, D.C. ous record by nearly two million work hours. This brings Each Zero Injury Safety Award® recognizes an alliance the grand total of injury-free work hours recognized to between owner-clients, signatory contractors and local and more than 225 million since the ZISA® program began six- international unions who worked together in a tripartite teen years ago. fashion to achieve zero injuries on their industrial con- A complete list of winners can be found online at www. struction and maintenance projects. This year, 130 winning zisa.org. tripartite teams were honored — the most in ZISA history.

16 | THE CONSTRUCTION USER • WWW.TAUC.ORG

45617_MAGWinter.indd 16 12/1/17 7:34 AM ZISA Gala, National Building Museum, Washington, D.C.

The Year’s Top Winners performed at the Susquehanna Nuclear Plant in Berwick, Pennsylvania. The highlight of the evening was the presentation of The Certificate of Merit category recognizes projects the top ZISA® honor — the Gold Star Award, reserved that have documented between 50,000 and 199,999 work for projects that have documented more than one million hours performed without a recordable injury. This year’s injury-free hours. This year the top Gold Star Award went top Certificate of Merit winners were Brand Energy to BMWC Constructors, Inc. (contractor), ExxonMobil Services LLC (contractor), FirstEnergy Corp. (owner- (owner-client) and the Will and Grundy Counties Building client) and the Upper Ohio Valley Building Trades Council Trades Council (labor) for performing 1,364,424 injury- (labor) for performing 181,392 injury-free work hours at free work hours at the Joliet Refinery in Joliet, Illinois. the W.H. Sammis Plant in Stratton, Ohio. Another top team was GVH Environmental, Inc. (con- At this year’s Gala, NMAPC also premiered three new tractor), American Electric Power (owner-client) and the videos, “The Importance of Safety,” “Welcome to Your Upper Ohio Valley Building Trades Council (labor). This Career” and “All Those Years.” The videos focused on tripartite alliance was awarded the top ZISA® Silver Star the experience and wisdom of veteran craftworkers when Award for performing 790,210 injury-free work hours at it comes to safety, as well as the importance of instilling the Cardinal Plant in Brilliant, Ohio. Silver Star Awards are the zero-injury philosophy in the new generation of young given to projects that have documented between 500,000 apprentices entering our industry. The videos featured men and 999,999 hours worked without a recordable injury. and women from Iron Workers Local No. 3; Keystone The top award in the Bronze Star category, for injury- Mountain Lakes Regional Council of Carpenters; United free projects between 200,000 and 499,999 hours, went to Association Steamfitters Local 449; Dominion Energy; Day & Zimmermann NPS, Inc. (contractor), Talen Energy and Kiewit Power Constructors Co. (owner-client) and the Northeastern Pennsylvania Building You can view the videos online at www.zisa.org/ Trades Council (labor) for 432,534 injury-free work hours videos.

WINTER 2017-18 | 17

45617_MAGWinter.indd 17 12/1/17 7:34 AM NMAPC Zero Injury Safety Award® Winners

Zero Recordable Injury Certificate of Merit

GROUP 1 GROUP 6 GROUP 11

INDIANAPOLIS POWER & LIGHT BRASKEM AMERICA, INC. KRATON POLYMERS COMPANY (NCA) Shelby Mechanical, Inc. Pioneer Pipe, Inc. Kiewit Power Constructors Co. Braskem America, Inc. Kraton Polymers Indianapolis Power & Light Company Steamfitters Local Union No. 420 Parkersburg-Marietta Building Trades Southwestern Indiana Building Trades 56,702 Work Hours Council Council Marcus Hook Polymers Plant 78,289 Work Hours 50,788 Work Hours Marcus Hook, PA Elastomers Manufacturing Plant Petersburg Generating Station Belpre, OH Petersburg, IN GROUP 7 GROUP 12 GROUP 2 CARGILL, INC. FORD MOTOR COMPANY Fluor Constructors International, Inc. SHELBY MECHANICAL, INC. Cargill, Inc. GEM Inc. Shelby Mechanical, Inc. Northwestern Indiana Building Trades Ford Motor Company Shelby Mechanical, Inc. Council North Central Ohio Building Trades United Association Local Union No. 322 56,738 Work Hours Council 51,032 Work Hours Hammond Plant 78,881 Work Hours Cinnaminson Fabrication Shop Hammond, IN Ohio Assembly Plant Cinnaminson, NJ Avon Lake, OH GROUP 8 GROUP 3 GROUP 13 STEPAN COMPANY NORTHERN INDIANA PUBLIC SERVICE BALL CORPORATION Brock Industrial Services CO. (NIPSCO) GEM Inc. Stepan Company Ball Corporation Carpenters Local Union No. 174 Solid Platforms, Inc. Northwestern Ohio Building Trades 63,638 Work Hours Northern Indiana Public Service Co. Council Millsdale Plant (NIPSCO) 53,245 Work Hours Elwood, IL Indiana/Kentucky/Ohio Regional Council Findlay Plant of Carpenters - Northern Office Findlay, OH GROUP 9 90,260 Work Hours R. M. Schahfer Generating Station GROUP 4 INEOS NITRILES USA, LLC Wheatfield, IN GEM Inc. BRIDGESTONE AMERICAS, INC. INEOS Nitriles USA, LLC GROUP 14 Broadway Electric Service Corporation Lima Building Trades Council PROCTER & GAMBLE HAIR CARE LLC Bridgestone Americas, Inc. 72,545 Work Hours Millwrights Local Union No. 1554 Lima Plant Bilfinger Industrial Services Inc. 55,724 Work Hours Lima, OH Procter & Gamble Hair Care LLC Lavergne Plant Cedar Rapids Building Lavergne, TN GROUP 10 Trades Council 90,558 Work Hours GROUP 5 ELECTRIC ENERGY, INC. Iowa City Beauty Care Plant Triangle Enterprises, Inc. Iowa City, IA RICE ENERGY INC. Electric Energy, Inc. Chapman Corporation Insulators Local Union No. 37 GROUP 15 Rice Energy Inc. 77,253 Work Hours DOMINION POWER Pittsburgh Building Joppa Station Trades Council Joppa, IL APComPower Inc. 56,375 Work Hours Dominion Power Blue Moon Compressor Station North Central West Virginia Building Bentleyville, PA Trades Council 95,400 Work Hours Mt. Storm Power Station Mount Storm, WV

18 | THE CONSTRUCTION USER • WWW.TAUC.ORG

45617_MAGWinter.indd 18 12/1/17 7:34 AM NMAPC Zero Injury Safety Award® Winners

GROUP 16 GROUP 20 GROUP 24

ASSOCIATED ELECTRIC COOPERATIVE INC. FLINT HILLS RESOURCES, LLC PRIMARY ENERGY RECYCLING (2 PROJECTS TOTALING 102,495 INJURY FREE (2 PROJECTS TOTALING 108,844 INJURY FREE CORPORATION HOURS) HOURS) Enerfab Power & Industrial, Inc. Babcock & Wilcox Construction Co., LLC Construction & Turnaround Services, LLC Primary Energy Recycling Corporation Associated Electric Cooperative Inc. Flint Hills Resources, LLC Boilermakers Local Union No. 374 Boilermakers Local Union No. 27 Boilermakers Local Union No. 1 124,283 Work Hours 50,294 Work Hours 51,530 Work Hours Cokenergy, LLC Plant New Madrid Power Plant Joliet Chemical Plant East Chicago, IN New Madrid, MO Joliet, IL GROUP 25 Enerfab Power & Industrial, Inc. Chellino Crane Associated Electric Cooperative Inc. Flint Hills Resources, LLC INDIANAPOLIS POWER & LIGHT Southeastern Missouri Building Trades Operating Engineers Local Union No. 150 COMPANY Council 57,314 Work Hours 52,201 Work Hours Joliet Chemical Plant (2 PROJECTS TOTALING 126,425 INJURY FREE New Madrid Power Plant Joliet, IL HOURS) New Madrid, MO Industrial Contractors Skanska GROUP 21 Indianapolis Power & Light Company GROUP 17 Southwestern Indiana Building Trades OHIO VALLEY ELECTRIC CORPORATION Council PUBLIC SERVICE ENTERPRISE GROUP 56,919 Work Hours Enerfab Power & Industrial, Inc. (PSEG) Petersburg Generating Station Ohio Valley Electric Corporation Petersburg, IN (2 PROJECTS TOTALING 103,478 INJURY FREE Floyd and Clark Counties Building HOURS) Trades Council Solid Platforms, Inc. 110,882 Work Hours Matrix North American Construction, Inc. Indianapolis Power & Light Company Clifty Creek Plant Public Service Enterprise Group (PSEG) Indiana/Kentucky/Ohio Regional Coun- Madison, IN Middlesex County Building Trades cil of Carpenters - Central Office Council 69,506 Work Hours 51,297 Work Hours GROUP 22 Harding Street Station Sewaren Generating Station Indianapolis, IN Woodbridge, NJ AMEREN CORPORATION MC Industrial GROUP 26 Shelby Mechanical, Inc. Ameren Corporation Public Service Enterprise Group (PSEG) St. Louis Building Trades Council AK STEEL Boilermakers Local Union No. 28 111,794 Work Hours Thermal Solutions, Inc. 52,181 Work Hours Rush Island Power Plant AK Steel Hudson Generating Station Festus, MO Jersey City, NJ Butler County Building Trades Council 126,427 Work Hours GROUP 23 Middletown Works GROUP 18 Middletown, OH DUKE ENERGY CORPORATION NEBRASKA PUBLIC POWER DISTRICT (2 PROJECTS TOTALING 114,985 INJURY FREE GROUP 27 Babcock & Wilcox Construction Co., LLC HOURS) Nebraska Public Power District Gribbins Insulation Company THE WILLIAMS COMPANIES, INC. Boilermakers Local Union No. 83 Duke Energy Corporation 105,003 Work Hours Chapman Corporation Insulators Local Union No. 18 The Williams Companies, Inc. Gerald Gentleman Station 57,437 Work Hours Upper Ohio Valley Building Trades Sutherland, NE Cayuga Generating Station Council Cayuga, IN 130,252 Work Hours GROUP 19 Moundsville Plant Industrial Contractors Skanska Moundsville, WV COVESTRO LLC Duke Energy Corporation Chapman Corporation Southwestern Indiana Building Trades Covestro LLC Council Upper Ohio Valley Building Trades 57,548 Work Hours Council Gibson Station 106,565 Work Hours Owensville, IN New Martinsville Plant New Martinsville, WV

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GROUP 28 GROUP 33 GROUP 36 DYNEGY INC. NRG ENERGY, INC. KANSAS CITY POWER & LIGHT COMPANY (2 PROJECTS TOTALING 182,876 INJURY FREE (2 PROJECTS TOTALING 245,074 INJURY FREE Atlantic Plant Maintenance HOURS) HOURS) Kansas City Power & Light Company Enerfab Power & Industrial, Inc. Burnham Industrial Contractors Millwrights Local Union No. 1529 Dynegy Inc. NRG Energy, Inc. 131,686 Work Hours Boilermakers Local Union No. 105 Lawrence County Building Trades Council Wolf Creek Generating Station 84,636 Work Hours 79,468 Work Hours Burlington, KS Miami Fort Power Station New Castle Power Station North Bend, OH New Castle, PA GROUP 29 Enerfab Power & Industrial, Inc. NAES Power Contractors EXXONMOBIL Dynegy Inc. NRG Energy, Inc. Chellino Crane Boilermakers Local Union No. 105 Johnstown Building Trades Council ExxonMobil 98,240 Work Hours 165,606 Work Hours Operating Engineers Local Union No. William H. Zimmer Station Conemaugh Station 150 Moscow, OH New Florence, PA 152,174 Work Hours Joliet Refinery GROUP 34 GROUP 37 Joliet, IL PUBLIC SERVICE COMPANY OF NEW ALCOA INC. GROUP 30 MEXICO (2 PROJECTS TOTALING 273,107 INJURY FREE (2 PROJECTS TOTALING 189,926 INJURY FREE HOURS) CAMPBELL SOUP COMPANY HOURS) Gribbins Insulation Company GEM Inc. Babcock & Wilcox Construction Co., LLC Alcoa Inc. Campbell Soup Company Public Service Company of New Mexico Southwestern Indiana Building Trades Northwestern Ohio Building Trades New Mexico Building Trades Council Council Council 72,856 Work Hours 136,392 Work Hours 161,814 Work Hours San Juan Generating Station Warrick Generating Station Napoleon Plant Waterflow, NM Newburgh, IN Napoleon, OH Day & Zimmermann NPS, Inc. The State Group Industrial (USA) Limited Public Service Company of New Mexico Alcoa Inc. GROUP 31 New Mexico Building Trades Council Southwestern Indiana Building Trades 117,070 Work Hours Council CITGO PETROLEUM CORPORATION San Juan Generating Station 136,715 Work Hours (2 PROJECTS TOTALING 170,629 INJURY FREE Waterflow, NM Warrick Operations HOURS) Newburgh, IN Chellino Crane GROUP 35 CITGO Petroleum Corporation GROUP 38 Operating Engineers Local Union No. 150 HOMER CITY GENERATION, L.P. 55,604 Work Hours HUSKY ENERGY, INC. Lemont Petroleum Refinery (2 PROJECTS TOTALING 232,780 INJURY FREE Lemont, IL HOURS) (2 PROJECTS TOTALING 294,717 INJURY FREE Kiewit Power Constructors Co. HOURS) Brock Industrial Services Homer City Generation, L.P. Smart Energy Insulation - Toledo CITGO Petroleum Corporation Johnstown Building Trades Council Mechanical Carpenters Local Union No. 174 91,869 Work Hours Husky Energy, Inc. 115,025 Work Hours Homer City Generating Station Lima Building Trades Council Lemont Petroleum Refinery Homer City, PA 128,638 Work Hours Lemont, IL Lima Refinery Burnham Industrial Contractors Lima, OH Homer City Generation, L.P. GROUP 32 Johnstown Building Trades Council RMF Nooter, Inc. 140,911 Work Hours Husky Energy, Inc. ALLIANT ENERGY Homer City Generating Station Lima Building Trades Council Brock Industrial Services Homer City, PA 166,079 Work Hours Alliant Energy Lima Refinery Insulators Local Union No. 74 Lima, OH 179,009 Work Hours Marshalltown Plant Marshalltown, IA

20 | THE CONSTRUCTION USER • WWW.TAUC.ORG

45617_MAGWinter.indd 20 12/1/17 7:34 AM NMAPC Zero Injury Safety Award® Winners

Imperial Crane Services, Inc. SEI Solutions, LLC GROUP 39 BP Products North America, Inc. ArcelorMittal UNITED STATES STEEL CORPORATION Operating Engineers Local Union No. 150 Laborers Local Union No. 81 92,370 Work Hours 87,425 Work Hours (5 PROJECTS TOTALING 429,245 INJURY FREE Whiting Refinery Burns Harbor Plant HOURS) Whiting, IN Burns Harbor, IN Solid Platforms, Inc. United States Steel Corporation Matrix North American Construction, Inc. Solid Platforms, Inc. Indiana/Kentucky/Ohio Regional Council BP Products North America, Inc. ArcelorMittal of Carpenters - Northern Office Northwestern Indiana Building Trades Indiana/Kentucky/Ohio Regional Council 53,052 Work Hours Council of Carpenters - Northern Office Gary Works 124,525 Work Hours 91,853 Work Hours Gary, IN Whiting Refinery Indiana Harbor (East Chicago) Plant Whiting, IN East Chicago, IN Solid Platforms, Inc. United States Steel Corporation GEM Inc. Graycor Industrial Constructors Inc. Keystone Mountain Lakes Regional BP Products North America, Inc. ArcelorMittal Council of Carpenters Northwestern Ohio Building Trades Western Reserve Building Trades Council 66,332 Work Hours Council 123,103 Work Hours Clairton Works 185,405 Work Hours Warren Plant Clairton, PA Toledo Refinery Warren, OH Oregon, OH Matrix North American Construction, Inc. Stevens Engineers & Constructors, Inc. United States Steel Corporation ArcelorMittal Northwestern Indiana Building Trades GROUP 41 Northwestern Indiana Building Trades Council Council ARCELORMITTAL 78,148 Work Hours 132,622 Work Hours Gary Works (9 PROJECTS TOTALING 745,817 INJURY FREE Indiana Harbor (East Chicago) Plant Gary, IN HOURS) East Chicago, IN Matrix North American Construction, Inc. Matrix North American Construction, Inc. ArcelorMittal United States Steel Corporation Northwestern Indiana Building Trades GROUP 42 Northwestern Indiana Building Trades Council GENERAL MOTORS COMPANY LLC Council 50,207 Work Hours 97,750 Work Hours Indiana Harbor (East Chicago) Plant (9 PROJECTS TOTALING 883,384 INJURY FREE Gary Works East Chicago, IN HOURS) Gary, IN Atlas Industrial Contractors, LLC EMCOR Hyre Electric Co. of Indiana, Inc. General Motors Company LLC Matrix North American Construction, Inc. ArcelorMittal South Central Indiana Building Trades United States Steel Corporation IBEW Local Union No. 531 Council Pittsburgh Building 50,685 Work Hours 57,086 Work Hours Trades Council Burns Harbor Plant Bedford Foundry GMPT 133,963 Work Hours Burns Harbor, IN Bedford, IN Clairton Works Clairton, PA Solid Platforms, Inc. Aristeo Installation, LLC ArcelorMittal General Motors Company LLC Indiana/Kentucky/Ohio Regional Council Michigan Building Trades Council GROUP 40 of Carpenters - Northern Office 64,552 Work Hours BP PRODUCTS NORTH AMERICA, INC. 59,075 Work Hours Flint Truck Assembly Burns Harbor Plant Flint, MI (5 PROJECTS TOTALING 527,264 INJURY FREE Burns Harbor, IN HOURS) Aristeo Construction Brock Industrial Services Stevens Engineers & Constructors, Inc. General Motors Company LLC BP Products North America, Inc. ArcelorMittal South Central Indiana Building Trades Insulators Local Union No. 17 Northwestern Indiana Building Trades Council 50,021 Work Hours Council 73,206 Work Hours Whiting Refinery 71,980 Work Hours Bedford Foundry GMPT Whiting, IN Indiana Harbor West Plant Bedford, IN East Chicago, IN BMWC Constructors, Inc. Midwest Steel, Inc. BP Products North America, Inc. Tranco Industrial Services, Inc. General Motors Company LLC Northwestern Indiana Building Trades ArcelorMittal Ironworkers Local Union No. 492 Council Laborers Local Union No. 81 80,669 Work Hours 74,943 Work Hours 78,867 Work Hours Bowling Green Assembly Whiting Refinery Burns Harbor Plant Bowling Green, KY Whiting, IN Burns Harbor, IN

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45617_MAGWinter.indd 21 12/1/17 7:34 AM NMAPC Zero Injury Safety Award® Winners

Gallagher-Kaiser Corporation Brand Energy Services, LLC Burnham Industrial Contractors General Motors Company LLC American Electric Power FirstEnergy Corp. Sheet Metal Workers Local No. 110 Upper Ohio Valley Building Trades Upper Ohio Valley Building Trades 84,107 Work Hours Council Council Bowling Green Assembly 120,477 Work Hours 70,061 Work Hours Bowling Green, KY Mitchell Power Plant W. H. Sammis Plant Moundsville, WV Stratton, OH Commercial Contracting Corporation General Motors Company LLC Thermal Solutions, Inc. MPW Environmental Services, Inc. Michigan Building Trades Council American Electric Power FirstEnergy Corp. 88,269 Work Hours Tri-State Building Trades Council Painters Local Union No. 53 Lansing Delta Township Assembly 126,095 Work Hours 79,733 Work Hours Lansing, MI Kyger Creek Power Plant W. H. Sammis Plant Cheshire, OH Stratton, OH Universal Piping Industries, LLC General Motors Company LLC Industrial Contractors Skanska Minnotte Contracting United Association Local Union No. 502 American Electric Power FirstEnergy Corp. 108,684 Work Hours East Central Ohio Building Trades Council North Central West Virginia Building Bowling Green Assembly 135,905 Work Hours Trades Council Bowling Green, KY Conesville Power Plant 90,899 Work Hours Conesville, OH Harrison Power Station Gallagher-Kaiser Corporation Haywood, WV General Motors Company LLC StructSure Scaffold & Insulation, LLC Sheet Metal Workers Local Union No. 20 American Electric Power Minnotte Contracting 144,456 Work Hours Tri-State Building Trades Council FirstEnergy Corp. Fort Wayne Assembly 167,809 Work Hours North Central West Virginia Building Roanoke, IN Big Sandy Plant Trades Council Louisa, KY 103,445 Work Hours Gallagher-Kaiser Corporation Fort Martin Power Station General Motors Company LLC Brand Energy Services, LLC Maidsville, WV Sheet Metal Workers Local Union No. 7 American Electric Power 182,355 Work Hours Upper Ohio Valley Building Trades Minnotte Contracting Flint Truck Assembly Council FirstEnergy Corp. Flint, MI 178,637 Work Hours North Central West Virginia Building Cardinal Plant Trades Council Brilliant, OH 109,160 Work Hours GROUP 43 Pleasants Power Station Willow Island, WV AMERICAN ELECTRIC POWER GROUP 44 (8 PROJECTS TOTALING 1,009,025 INJURY R.E. Yates Electric, Inc. FIRSTENERGY CORP. FREE HOURS) FirstEnergy Corp. Babcock & Wilcox Construction Co., LLC (13 PROJECTS TOTALING 1,422,761 INJURY IBEW Local Union No. 712 American Electric Power FREE HOURS) 135,916 Work Hours Boilermakers Local Union No. 45 Brand Energy Services, LLC Bruce Mansfield Plant 74,955 Work Hours FirstEnergy Corp. Shippingport, PA Clinch River Power Plant Carpenters Local Union No. 436 Cleveland, VA 50,952 Work Hours Chemsteel Construction Company Harrison Power Station FirstEnergy Corp. Thermal Solutions, Inc. Haywood, WV Upper Ohio Valley Building Trades American Electric Power Council Tri-State Building Trades Council McCarl’s Inc. 151,312 Work Hours 86,877 Work Hours FirstEnergy Corp. W. H. Sammis Plant Big Sandy Plant Beaver County Building Trades Council Stratton, OH Louisa, KY 57,435 Work Hours Bruce Mansfield Plant Chemsteel Construction Company Day & Zimmermann NPS, Inc. Shippingport, PA FirstEnergy Corp. American Electric Power Beaver County Building Trades Council Upper Ohio Valley Building Trades Minnotte Contracting 154,437 Work Hours Council FirstEnergy Corp. Bruce Mansfield Plant 118,270 Work Hours North Central West Virginia Building Shippingport, PA Cardinal Plant Trades Council Brilliant, OH 65,820 Work Hours Harrison Power Station Haywood, WV

22 | THE CONSTRUCTION USER • WWW.TAUC.ORG

45617_MAGWinter.indd 22 12/1/17 7:34 AM NMAPC Zero Injury Safety Award® Winners

Burnham Industrial Contractors FirstEnergy Corp. GROUP 49 GROUP 55 North Central West Virginia Building Brand Energy Services, LLC Norris Brothers Company, Inc. Trades Council FirstEnergy Corp. Alcoa Inc. 172,199 Work Hours Keystone Mountain Lakes Regional Cleveland Building Trades Council Fort Martin Power Station Council of Carpenters 279,060 Work Hours Maidsville, WV 230,887 Work Hours Cleveland Works Bruce Mansfield Plant Cleveland, OH Brand Energy Services, LLC Shippingport, PA FirstEnergy Corp. Upper Ohio Valley Building Trades GROUP 56 Council GROUP 50 Enerfab Power & Industrial, Inc. 181,392 Work Hours Cherne Contracting Corporation Westlake Monomers Corporation W. H. Sammis Plant Southern California Gas Company West Kentucky Building Trades Council Stratton, OH Los Angeles/Orange Counties Building 279,080 Work Hours Trades Council Calvert City Complex 253,967 Work Hours Calvert City, KY Aliso Canyon Turbine ZERO INJURY PLAQUE Los Angeles, CA – BRONZE STAR GROUP 57 Matrix North American Construction, Inc. GROUP 51 GROUP 45 ArcelorMittal Gribbins Insulation Company Northwestern Indiana Building Trades Atlas Industrial Contractors, LLC Marathon Petroleum Corporation Council General Motors Company LLC Insulators Local Union No. 37 281,024 Work Hours Nashville Building Trades Council 265,373 Work Hours Burns Harbor Plant 209,053 Work Hours Robinson Refinery Burns Harbor, IN Spring Hill Manufacturing Facility Robinson, IL Spring Hill, TN GROUP 58 GROUP 52 GROUP 46 BMWC Constructors, Inc. McCarl’s Inc. Marathon Petroleum Corporation MPW Environmental Services, Inc. Talen Energy East Central Ohio Building Trades Council FirstEnergy Corp. Lehigh Valley Building Trades Council 283,440 Work Hours Painters Local Union No. 53 266,265 Work Hours Canton Refinery 214,922 Work Hours Martins Creek Station Canton, OH Bruce Mansfield Plant Bangor, PA Shippingport, PA GROUP 59 GROUP 53 GROUP 47 Kiewit Power Constructors Co. (NCA) Enerfab Power & Industrial, Inc. Invenergy LLC BMWC Constructors, Inc. American Electric Power Scranton Building Trades Council Stepan Company Tri-State Building Trades Council 284,050 Work Hours Will and Grundy Counties Building 268,229 Work Hours Lackawanna Energy Center Trades Council Big Sandy Plant Jessup, PA 215,597 Work Hours Louisa, KY Millsdale Plant Elwood, IL GROUP 60 GROUP 54 StructSure Scaffold & Insulation, LLC GROUP 48 AZCO Inc. American Electric Power Empire District. A Liberties Utilities Charleston Building Trades Council Conti Electric Inc. Company. 285,764 Work Hours General Motors Company LLC Southeast Kansas Building Trades John Amos Power Plant IBEW Local Union No. 369 Council Saint Albans, WV 230,500 Work Hours 275,000 Work Hours Bowling Green Assembly Riverton Power Plant Bowling Green, KY Riverton, KS GROUP 61 Thermal Solutions, Inc. United States Steel Corporation Pittsburgh Building Trades Council 286,406 Work Hours Clairton Works Clairton, PA

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GROUP 62 GROUP 68 GROUP 73 Chapman Corporation Day & Zimmermann NPS, Inc. RMF Nooter, Inc. FirstEnergy Corp. Talen Energy BP Products North America, Inc. North Central West Virginia Building Northeastern Pennsylvania Building Northwestern Ohio Building Trades Trades Council Trades Council Council 321,360 Work Hours 432,534 Work Hours 1,296,521 Work Hours Harrison Power Station Susquehanna Nuclear Plant Toledo Refinery Haywood, WV Berwick, PA Oregon, OH

GROUP 63 ZERO INJURY PLAQUE – SIL- GROUP 74 Enerfab Power & Industrial, Inc. VER STAR Nooter Construction Company American Electric Power Sunoco Logistics Partners L.P. Charleston Building Trades Council GROUP 69 Philadelphia Building Trades Council 328,055 Work Hours 1,309,245 Work Hours John Amos Power Plant Chapman Corporation Marcus Hook Industrial Complex Saint Albans, WV Blue Racer Midstream, LLC Marcus Hook, PA Upper Ohio Valley Building Trades Council GROUP 64 625,286 Work Hours GROUP 75 Minnotte Contracting Natrium Plant BMWC Constructors, Inc. FirstEnergy Corp. Natrium, WV ExxonMobil North Central West Virginia Building Will and Grundy Counties Building Trades Council GROUP 70 Trades Council 335,274 Work Hours 1,364,424 Work Hours Harrison Power Station GVH Environmental, Inc. Joliet Refinery Haywood, WV American Electric Power Joliet, IL Upper Ohio Valley Building Trades Council GROUP 65 790,210 Work Hours RMF Nooter, Inc. Cardinal Plant Husky Energy, Inc. Brilliant, OH Lima Building Trades Council 347,136 Work Hours Lima Refinery Lima, OH ZERO INJURY PLAQUE – GOLD STAR

GROUP 66 GROUP 71 Superior Construction Company, Inc. BP Products North America, Inc. The State Group Industrial (USA) Limited Northwestern Indiana Building Trades Alcoa Inc. Council Southwestern Indiana Building Trades 384,671 Work Hours Council Whiting Refinery 1,001,157 Work Hours Whiting, IN Warrick Generating Station Newburgh, IN

GROUP 67 GROUP 72 Solid Platforms, Inc. BP Products North America, Inc. Enerfab Power & Industrial, Inc. Indiana/Kentucky/Ohio Regional Council American Electric Power of Carpenters - Northern Office Upper Ohio Valley Building Trades 403,637 Work Hours Council Whiting Refinery 1,040,524 Work Hours Whiting, IN Mitchell Power Plant Moundsville, WV

24 | THE CONSTRUCTION USER • WWW.TAUC.ORG

45617_MAGWinter.indd 24 12/1/17 7:34 AM Thank You to All Sponsors

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45617_MAGWinter.indd 25 12/1/17 7:35 AM Tax Reform Takes Center Stage

By JIM KOLB, PARTNER, SUMMIT STRATEGIES GOVERNMENT AFFAIRS LLC

ONGRESS AND THE Trump Administration comprehensive tax reform legislation. The real-world per- are beginning their once-in-a generation effort to spective of union construction firms is critical to ensuring C enact a comprehensive rewrite of the U.S. tax tax reform recognizes and incentivizes firms that value code. It has been 31 years since the last success- hard work, provide quality construction, invest in inno- ful tax reform effort, and while most policymakers and vation and safety, and support their employees and their stakeholders agree with the objective of reducing tax rates, families. simplifying the tax code, and making it fairer to taxpayers, We fully support efforts to simplify the tax code, lower the devil is always in the details. tax rates on the construction industry, and tax changes House Republican leaders released their proposal to that benefit our customers. This will grow the industrial overhaul the tax code, the “Tax Cuts and Jobs Act,” and construction and maintenance market. It will also free up are starting the legislative march to get the package to capital for firms to investment in equipment, hire workers, President Trump’s desk by Christmas. and compete for more work. They are undertaking the difficult task of threading the But tax reform is not just about cutting taxes. It is also needle of offsetting revenue reductions from corporate and about maintaining and strengthening incentives in the tax individual tax cuts with the elimination of tax breaks, cred- code that allow for the success of unionized construction its, and loopholes to stay within the enacted budget caps. firms. Tax reform legislation must recognize and support This process will create winners and losers, and the legisla- contractors who are responsible for providing middle- tive and lobbying fight is just getting underway. While we class jobs and allow these firms to compete and grow in are still digesting the details of the plan, as of this writ- the construction market. TAUC member firms’ invest- ing (early November), major Beltway players such as the ments in workforce training, employee health and welfare National Association of Homebuilders and the National funds, and employees’ retirement security should not be Association of Realtors have come out swinging against an impediment to their being able to successfully compete aspects of the proposal and are actively lobbying on pro- for work. True comprehensive tax reform must recognize posed changes in the House bill. these facts, and include policies to level the playing field and incentivize these investments. Among the policy changes necessary in tax reform to The real-world perspective of union support the union construction industry and its employ- ees is the authorization of hybrid composite pension plans. construction firms is critical to ensuring tax This voluntary private sector solution allows contribut- reform recognizes and incentivizes firms ing employers to provide lifetime pension benefits to their employees without putting their businesses at risk. that value hard work. Composite plans will strengthen the multiemployer pen- sion system, and provide plan participants and employers more options to ensure long-term retirement security at no While we anticipate major policy battles over all ele- cost to the Federal government. This is a critical aspect of ments of the proposed legislation, we must recognize this ensuring tax reform allows union construction employers is just the beginning of a very long and difficult process. to remain competitive and continue to be able to provide Much will change as the bill moves through Congress, and long-term retirement security to their employees. TAUC and its members must remain actively engaged in the In addition to the inclusion of policies that support process to ensure the interests of the unionized construc- union contractors, comprehensive tax reform must also tion industry are heard by policymakers in Washington, include provisions to crack down on contractors who D.C. knowingly and willfully misclassify their employees as TAUC has joined with our partners in the Construction independent contractors. Such misclassification creates Employers of America (CEA) to communicate to an uneven playing field in the construction industry that Congress the union construction industry’s priorities for

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the Longshoremen and PMA vio- The Iron Workers Case not subcontract any work covered by lated Sections 1 and 2 of the Sherman it, on any project, to subcontractors Antitrust Act. ICTSI also filed a com- The decision of the Second Circuit that were not also signatory to the plaint with the NLRB alleging that Court of Appeals in Connecticut Iron agreement. the Longshoremen engaged in illegal Workers Employers Association, Inc. et The Iron Workers sued, claiming work slowdowns at Terminal 6 (the al. v. New England Regional Council of that the Carpenters were using this Board subsequently agreed). Carpenters, while very different from “hot cargo clause” in the CBA not to The District Court ruled that the verdict in the Longshoremen get better pay and working conditions it would not take action on the case, is equally troublesome. for union members, but rather to steal Labor Management Relations On August 23, 2017, the Second work that traditionally belonged to Act issues until the NLRB ruled Circuit held that use of a “hot cargo the Iron Workers. The Iron Workers on ICTSI’s unfair labor practice clause” in a collective bargaining alleged that the Carpenters’ actions charges. However, the District Court agreement for work expansion rather violated the antitrust laws and consti- permitted the Longshoremen to file than work preservation may in fact vio- tuted an unfair labor practice in viola- a motion to dismiss the antitrust late the antitrust laws, even though tion of Section 8(b)(4) and 8(e) of the charges and granted it, claiming that the “hot cargo” clause was part of a National Labor Relations Act. The the union’s actions were protected construction industry union multiem- Carpenters responded, claiming that under both the statutory labor ployer collective bargaining agreement. their practices were protected by the exemption and the non-statutory “construction industry proviso” under labor exception to the antitrust laws. Section 8(e) and the “non-statutory ICTSI appealed the dismissal of The Court found that the exemption” to the antitrust laws. the antitrust charges, arguing that the The District Court ruled in favor of Longshoremen’s actions had violated alleged illegal activity the Carpenters, agreeing that the prac- the labor laws and that such illegal was the direct result of the tices were covered by the “contractor conduct could not be the basis of industry proviso” and thus protected granting antitrust immunity. union trying to enforce by the non-statutory exemption to The Ninth Circuit Court of the antitrust laws. The Ironworkers Appeals recognized that the NLRB the collective bargaining appealed, and the case went to the had issued two decisions against the agreement, and even Second Circuit Court of Appeals. Longshoremen. The first decision held While the Second Circuit that the union had violated labor law though the union’s activity affirmed the District Court’s dis- by engaging in improper job action missal of the unfair labor practice against ICTSI. The second held that might be illegal, it was charges brought by the Ironworkers, the union engaged in improper work still protected. it sent the case back to the District slowdown activities against ICTSI. Court to develop more facts on the Nevertheless, the Ninth Circuit antitrust allegations. Importantly, affirmed the District Court’s dis- the Second Circuit also held that missal of the antitrust action against the non-statutory exemption to the Longshoremen. It held that In this case, the issues involved a the antitrust laws applied to efforts although the Longshoremen’s actions jurisdictional dispute relating to spe- by a union to preserve work tradi- violated the labor laws, that does not cific types of work including exterior tionally performed by the union, mean that such action falls outside the metal panels, composite wall panels, but did not provide protection for non-statutory exemption. The Court foam panels, insulated panel systems, attempts by the union (in this case, found that the alleged illegal activity exterior panelized window systems, the Carpenters) to secure new work was the direct result of the union try- punched windows, curtain wall, store traditionally performed by another ing to enforce the collective bargain- fronts, metal roofing systems and union (Ironworkers). As stated by ing agreement, and even though the related work. the Court, the non-statutory exemp- union’s activity might be illegal, it was The New England Regional tion can only be applied to subcon- still protected from attack under the Council of Carpenters’ CBA allocated tracting clauses used by the union as antitrust laws. all such work to the Carpenters. It a protective “shield,” and not sub- further provided that any contractor contracting clauses that are used as a that was signatory to the CBA could “sword” to attack.

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45617_MAGWinter.indd 27 12/1/17 7:35 AM something more was required. The Court stated that some union-employer agreements should be accorded a lim- ited non-statutory exemption from antitrust sanctions, but that this non- statutory exemption would not apply to a union-contractor agreement that imposed “substantial anti-competitive effects, both actual and potential, that would not follow naturally from the elimination of competition over wages and working conditions.” In the Iron Workers case, the Second Circuit Court of Appeals interpreted this ruling to mean that the Carpenters could not use a “hot cargo” clause to take work from the Iron Workers. But what if the Carpenters got one contractor to agree to give what was traditionally Iron Worker work to the Carpenters without a “hot cargo” clause? Would that establish a basis for the Carpenters to claim that work was not traditionally “Iron Worker” work? These types of issues will continue Lessons & Analysis essence, this Act outlaws any con- to plague the union construction tract or combination in restraint of industry. Litigation such as the two What can contractors learn from trade. The Supreme Court reviewed cases highlighted above are not only these two cases? First, it is clear that that statutory language and ruled time-consuming and expensive, but successfully alleging that unions and that the word “any” doesn’t really are used by non-union contractors to contractors violated antitrust statutes mean “any,” it means “any unreason- convince owners of the benefits of relating to practice tied to a collective able.” As a result, when a court tries choosing a non-union contractor. bargaining agreement is by no means to determine what is an unreasonable Agreements such as the National guaranteed. Such litigation will take restraint of trade, it must undertake Maintenance Agreements enable many years to go through the court an economic analysis to evaluate the union contractors to fight back and system, and will be extremely time- economic effects of the practice in show that jurisdictional disputes are consuming and very expensive. The question. Today’s technology has rev- handled quickly and efficiently with- results of such litigation will vary sig- olutionized the means of measuring out work stoppages on NMA projects. nificantly based on the facts of the and evaluating economic effects. As However, cases such as the two I just particular case, the location of the a result, courts are constantly reinter- discussed continue to hurt both con- court where the suit is filed and the preting not only what is “reasonable,” struction unions and union contrac- mindset of the judge assigned to it. but what steps must be taken to deter- tors. No matter which union wins in There are several reasons why this mine what is reasonable. a protracted jurisdictional dispute case, is such a problematic area for contrac- In the labor area, the labor laws union construction, as a whole, loses. tors: there are basic inconsistencies were created in recognition that work- For more information, contact between the antitrust laws and the ers need to collaborate and form Steve Fellman at sfellman@gkglaw. labor laws; judges have tried to bal- unions in order to deal with powerful com. ance these inconsistencies through employers. Further, to effectively col- judicially created exemptions that laborate, unions needed exemptions Steve Fellman is a share- evolve with time; and finally, today’s from the antitrust laws. Such exemp- holder with GKG Law in technology and modern business tions were created by statutes such as Washington, D.C. He is practices are far different than what the Norris-La Guardia Act. However, also general counsel to The existed when the laws were drafted. the Supreme Court ruled that even Association of Union The Sherman Antitrust Act was though labor activities were exempt Constructors. enacted by Congress in 1890. In from antitrust scrutiny by statute,

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A strong dose-response effect was also observed, with 3. Scheduling. As shortages occur and workers are the injury rate (per 100 accumulated worker-years in a asked to work more hours to make up for the lack of man- particular schedule) increasing in correspondence to the power, companies that value safety may be called upon to number of hours per day (or per week) in the workers’ cus- be innovative with scheduling. This may require working tomary schedule. Results suggest that job schedules with on flexibility with customers to move project dates or uti- long working hours are not more risky merely because lizing non-traditional schedules to ensure workers receive they are concentrated in inherently hazardous industries or time off to rest and recharge. We can only run so hard for occupations, or because people working long hours spend so long as humans. It is imperative for contractors to moni- more total time “at risk” for a work injury. Rather, these tor workload and think about employee health. outcomes are attributed largely to exhaustion, lack of sleep, Very few employees will stop working long hours and the human condition. because of the financial incentive. So, we must take it upon Knowing this should make us question the hours we ourselves as leaders to find different ways to do things. ask people to work, and should challenge us (as an industry 4. Lean Construction Principles. The utilization of that prides itself on safe work in a dangerous environment) lean construction principles can help improve efficiency to find innovative ways to address the worker and skill and reduce the amount of manpower by eliminating shortages without sacrificing our employees’ safety. waste and making processes streamlined and simple. In December of 2014, CPWR published a study that found Possible Solutions initiation of lean construction principles leads to improved safety performance. While lean is still a relatively young Below are five areas where the union construction concept in the construction market, it is a concept that is industry can focus to assist in addressing the craft worker gaining momentum and could not only help solve man- shortage and the safety challenges the shortages present. power shortages and the safety concerns they create, but Using innovative solutions to the manpower challenges could also be a major step forward in improving efficiency offers ways to not only address safety, but also make union and reducing cost in the union construction industry. construction more efficient and less costly. 5. Technology. The speed at which technology is devel- 1. Recruiting. This is something that every union and oped and introduced is greater than ever before. There are contractor is making an effort to accomplish. This effort all types of technology in the “internet of things” and virtual must encompass both apprentices and organizing experi- reality that can assist in planning and elimination of rework. enced personnel. There is much development in the arena of wearable technol- Long term, we need to find a way to change the cul- ogy to monitor employee condition and movement. There tural narrative that construction and other blue collar work are new mechanical mechanisms that can reduce stress for somehow makes someone less successful than people who humans and speed up processes. All of this technology lends go to college, only later to become baristas and make a itself to reducing the risk of injury for employees, and most third as much money with no upward mobility. of it should also make us more efficient, therefore reducing However, there is also an urgent short-term need. the amount of manpower required. To address the current labor shortage in an expeditious As an industry facing a substantial challenge with hav- manner, we need to be innovative. One such approach in ing enough qualified construction workers — along with our industry comes from the IBEW, which created new safety requirements and increased productivity pressure classifications in some areas, called CE and CW, to both from the construction community — it will be imperative compete on price and bring new people in. More ideas as an industry that unions and contractors work together like this are needed across the industry to bring new, but to find innovative ways to attract and train people and find experienced, people into the union construction industry. new means and methods to make work safer, more produc- 2. Enhanced Training. The good news is that the tive, and less expensive. Our ability to do this collabora- union construction industry has thousands of training tively would put us in position to meet the demands of the centers already built across the country. However, what is market and possibly gain market share. needed is a method to fast-track training for special skills and safety. It is paramount that workers who come to the Jacob Snyder is the TAUC Industrial Relations jobsite understand the risks and how to identify and correct Committee Chairman and Director of Safety and hazards. Labor Relations for Enerfab Power & From a skills standpoint, there are some new programs Industrial, Inc. doing great things. The United Association has a fast-track welding program that can put a welder in the field in a very short amount of time. This will help get the needed skills to the field, with some assurance that they also have the needed training to be effective and safe.

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rewards bad actors at the expense of responsible contrac- the union construction industry provide job opportunities, tors, and robs employees of benefits and local jurisdictions increase wages, and build the middle-class — all stated of tax revenue. Comprehensive tax reform must increase goals of the tax reform effort. enforcement on contractors who misclassify their employ- We recognize that successfully pursuing these goals ees, and close loopholes in the Internal Revenue Service will be a difficult undertaking in the current political, leg- Code that provide for an unfair advantage in the competi- islative, and fiscal environment, and are prepared to be tive bidding process. engaged for a long legislative battle to ensure that compre- The CEA and our partners will continue to push for hensive tax reform includes policies reflecting the values the inclusion of these important issues as tax reform moves of the union construction industry. This will allow TAUC through the legislative process. We will do so not only member firms to grow, and continue to provide the middle- because they are in the best interest of the union construc- class jobs and retirement security that politicians promise tion industry and its workforce, but because these policies — and that the country so desperately needs. will benefit the nation as a whole. Policies which support

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30 | THE CONSTRUCTION USER • WWW.TAUC.ORG

45617_MAGWinter.indd 30 12/1/17 7:35 AM The National Maintenance Agreements Policy Committee, Inc. (NMAPC) has been serving the union construction and maintenance industry for more than 40 years. We negotiate and administer the National Maintenance Agreements (NMA), a series of collective bargaining agreements utilized by more than 2,000 industrial construction and maintenance contractors employing members of fourteen international building trades unions. Now, the NMAPC has created a comprehensive web-based resource center to help contractors, clients and crafts more effectively utilize the NMAPC Program.

The NMA I.Q. eLearning Resource Center is the web-based resource for “all things NMA.” It is designed for newcomers and industry veterans alike, and equally useful to all members of the tripartite community – contractors, building trades unions and owner-clients. It offers easy-to-follow online tutorials and short videos on virtually every aspect of the NMA, from a “How does it work?” general overview to detailed instructions and explanations on more technical aspects of the Agreements.

Try it today – it’s free! www.NMAIQ.org

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