LABOR CANDIDATES WIN TWO SUPREME COURT SEATS ELECTION RESULTS BIG SUCCESS FOR WV WORKING FAMILIES lection results to elect Supreme Court republi- Obama has pledged to pro- didates, Orphy Klempa in Ohio for key West Vir- can candidate . tect and strengthen wage laws, County, Dan Poling in Wood EginiaE races were an Other state wide and federal tackle the health care crisis with- County and David Walker in overwhelming suc- candidates endorsed by Labor, out taxing benefits, remove re- Clay County, won their election cess for working with the exception of Anne strictions on workers ability to to the House of Delegates. families. Barth’s race for Congress in the organize, support project labor However Poling only had a two The most significant contested Second District, easily won. agreements, and most impor- vote lead after election day. (See race on the state level was for Of course the big national tantly address the current eco- related story on page 3). two seats on the news was the election of Labor nomic crisis the country is fac- Overall the WV AFL-CIO Supreme Court of Appeals. backed Barack Obama for ing. figured 83% of endorsed candi- Both Labor endorsed candi- President. All three building trades can- dates won. dates, and Mar- garet Workman, won a twelve year term. The five person court has been very business oriented with VOLUME 17 NUMBER 11 Judges Elliot ‘Spike’ Maynard NOVEMBER 2008 and Brent Benjamin having close ties to the coal industry and busi- ness groups. “We now have two solid in- dividuals we can count on, in addition to Judge Joe Albright, to be fair to working families” said Steve Burton, President of the WV State Building Trades. A PUBLICATION OF In addition, Attorney General THE AFFILIATED Darrell McGraw held off a well CONSTRUCTION financed and dirty attack by out- TRADES FOUNDATION of-state corporations and re- tained his position.

The ACT Foundation is a division With a week before the elec- of The West Virginia State tion business groups disclosed Building and Construction SENATOR JOE BIDEN addressed a Charleston crowd at a rally prior to the election Trades Council. Steve Burton, they were spending $700,000 to along with Senators and Robert C. Byrd as well as Governor Joe President; Dave Efaw, Secretary- defeat McGraw and $400,000 Manchin. Treasurer; Steve White, Director.

Charleston - (304) 345-7570 BIG MONEY TRIES TO BUY VOTES Toll Free - (800) 930-9675 www.actwv.org huge amount of defeat Attorney General Darrell U.S. Chamber of Commerce, tacking Presidential Candidate AA undisclosed, McGraw and the remainder to WV CALA, and the American John Kerry in the 2004 election. out-of-state money elect Republican candidate Beth Tort Reform Association. In addition, a Washington DC tried to buy the At- Walker to the Supreme Court. Apparently the funding could area group called Center for In- torney General and The West Virginia Chamber have come from any individual dividual Freedom spent an un- INSIDE Supreme Court of Commerce put their names on or corporation as a contribution disclosed amount estimated in Beech Ridge Pg. 2 elections in West the ads but the majority of fund- to each group with no disclosure the hundreds of thousands of Every Vote Counts Pg. 3 Virginia - but nar- ing came from out of state busi- to the public as to the real source. dollars to mail postcards and run Election Results Pg. 3 rowly failed. ness groups. The groups hired Mentzer statewide newspaper ads at- Apprenticeship Pg. 4 In the final week of the elec- In state filings the Chamber Media Services, Inc. from tacking McGraw. NCCCO Pg. 4 tion a combined force of busi- states it would not disclose spe- Maryland, a company perhaps “McGraw has caught many Credit Union Pg. 4 ness groups reported spending cifically where they got their best known for producing the companies cheating citizens of more than $1 million, most to money but listed sums from the “Swift Boat Veterans” ads at- Continued on p. 3 PAGE 2 THE ACT REPORT NOVEMBER 2008 BEECH RIDGE WIND PROJECT ADVANCES evelopers of the of the project. DBeech Ridge Developers have signed a Windmill project Memorandum of Understanding went before state with the Charleston Building regulators last Trades that commits to using lo- month to show they cal union construction workers were in compliance to build the project. with a number of Once in operation the wind pre-construction farm will have a 178 megawatt permit require- capacity with each turbine ca- ments. pable of producing 1.5 mega- In a 900 page document the watts of electricity. developer, Invenergy LLC, Project developer Invenergy painstaking showed how they LLC says they are looking to complied with all 18 require- select a general contractor by the ments imposed by the State Pub- end of the year and start the lic Service Commission. project next spring. Included in the documentation Phase one of construction will were details on permits from a be up to 98 turbines, followed number of state and federal by the remainder at later date. agencies, property tax informa- “They are building in two SHOWING SUPPORT AT the Beech Ridge hearing before the PSC are (from left) tion, coordination with local phases because they need to get Craig Harvey, Laborers Local 1353; Scott Brewer, Carpenters Local 1207; Henry emergency responders, and the project up and running by the Neal, Laborers District Council; Wayne Rebich, ACT; Donnie Huff and Robbie agreements to connect into the end of 2009 to use federal tax Church, Operating Engineers Local 132; and Dave Efaw, WV State Building Trades. power grid. credits,” said Wayne Rebich, The PSC granted conditional ACT Representative. approval of the 119 turbine, A 14 mile transmission line West Virginian’s for Reliable Power $300 million project to be built will be built to an Allegheny En- in Greenbrier and Nicholas ergy sub-station in Nicholas Counties in December of 2006. County. However the case was chal- American Electric Power has lenged and went to the WV Su- already signed a long-term preme Court. power purchase agreement for In June of 2008 the Supreme wind energy with Beech Ridge Court ruled the PSC acted Energy LLC. properly when it approved the Through the 20-year agree- project. ment AEP will purchase all of the The ACT division of the West output, between 100 and 147 Virginia State Building Trades has megawatts, from the first phase intervened in the case in support of the project.

HAPPY THANKSGIVING FROM THE ACT FOUNDATION

SPEAKING AT A meeting of West Virginian’s for Reliable Power is Roy Smith, former Secretary-Treasurer of the WV State Building Trades. The meeting, November 10 in Bridgeport, focused on the positive impact on the state from the production of electricity and the need for improving our electric transmission infrastructure. NOVEMBER 2008 THE ACT REPORT PAGE 3 EVERY VOTE COUNTS - POLING UP BY TWO f you don’t think election day. sentee ballots received since vember 10. If the recount changes the I every vote mat- But the narrow lead may not election day, and review chal- According to the Secretary of election results the candidate gets ters talk with Dan be enough. lenged ballots. States office approximately 1.4 their money back. Poling, candidate On Monday, November 10 Absentee ballots without a percent of ballots cast statewide But if the outcome stays the for the WV House of the Wood County Commission- postmark are accepted if deliv- in the primary were provisional same, their money goes to the Delegates in Wood ers, acting as a board of can- ered by the post office no later or challenged ballots. County. County. vassers, met to start the review than November 5. The reason usually is a per- As the ACT Report goes to Poling, who is a representa- called a canvas. Absentee ballots with a post- son who is not on the voting rolls press the canvas process was tive for the Painters Union, was After the election each County mark no later than election day shows up to vote. They may underway. ahead by only two votes when conducts a canvas to double and any military and overseas have recently moved or changed Two votes behind Poling is all the ballots were counted on check vote numbers, open ab- ballots are accepted until No- their name (when married for another Labor endorsed candi- example). date, Brenda Brum. About 64 percent of chal- “Obviously we would like to WV AFL-CIO Endorsed Candidates lenged ballots were counted in see Dan win this election,” said Barack Obama - President the primary. Bill Hutchison, Business Man- 3 After the canvas is complete ager of the Parkersburg Marietta Menis Ketchum3, Margaret Workman3 – WV Supreme Court the results are declared. Building Trades. Joe Manchin3 – Governor Jay Rockefeller 3– U.S. Senate Any candidate can ask for a “But if Brenda Brum wins we Alan Mollahan3, Anne Barth, Nick Joe Rahall3 – U.S. Congress recount but must post a $300 know we will still have a friend bond. in the House of Delegates.” Darrell McGraw3 – Attorney General Natalie Tennant3 – Secretary of State John Perdue3 – Treasurer Glen Gainer3 - Auditor BIG MONEY ruled against the disclosure law. The Secretary of States office State Senate 14th Karen Coria, Jeff Martin Mark Hunt3, Sharon CONTINUED FROM P. 1 filed a request to block the or- 15th Carl Eastham, Jim Spencer3, Danny Wells3 this state and made them repay der stating the Judges action “will 1st Jack Yost3 Morgan3 31st Carrie Webster3 billions of dollars during his undoubtedly result in a free-for- 2nd Jeffrey Kessler3 16th Amy Martin Herrenkohl, 32nd Jon Cain Sr, Carmela term,” said Dave Efaw, Secre- all of mudslinging campaign at- 4th Rocky D. Holmes Doug Reynolds3, Dale Ryan-Thompson tary-Treasurer of the WV State tack ads by special interest 5th Robert Plymale3 Stephens3 33rd David Walker3 Building Trades. groups that have no duty to re- 6th John Pat Fanning3 17th Don Perdue3, Richard 34th Brent Boggs3 “You have to wonder was it port their expenditures or their 10th James McNeely Thompson3 35th Sam Argento3 these same illegal companies that sources of funding.” 11th William R. Laird IV3 funded the attack?” Their prediction was correct. 18th Larry Barker3 36th Joe Talbott3 12th Douglas Facemire3 The large sums of corporate Within two weeks more than 19th Greg Butcher3, Jeff 37th Bill Proudfoot3 15th Clark Barnes3* money reminded many of the $1 million was spent to influence Eldridge3, Ralph 39th Bill Hamilton3 th 3 attack led by Massey Coal CEO the election. 17 Dan Foster3 th Rodighiero3, Josh Stowers3 40 Mary Poling3 against Su- Ironically in making his ruling House of 21st Harry Keith White3 41st Ron Fragale3, Richard preme Court Justice Warren Judge Johnston pointed to the Delegates 22nd Daniel Hall3, Linda Iaquinta3, Tim Miley3 McGraw in the 2004 election. lack of independent expendi- nd 1st Randy Swartzmiller3 Goode Phillips3 42 Mike Manypenny3 The WV Legislature, passed tures to make his case writing rd rd 2nd Roy Givens3 23 Clif Moore3 43 Mike Caputo3, Linda a law to regulate spending by “the media had reported just this th 3rd Orphy Klempa3, Tal 24 Mike Vinciguerra, Jr. Longstreth3, Timothy independent groups but the law week that virtually no indepen- th has been challenged in court. dent expenditures have been Hutchins3 25 John Frazier3 Manchin3 th th Before the primary election a made this fall in West Virginia’s 4th Michael Ferro3 27 Louis Gall, Virginia 44 Barbara Fleischauer3, federal judge ruled the law was Supreme Court race...” th Mahan3, Ricky Moye3, Sally Charlene Marshall3, Alex 5 Dave Pethtel3 vague and interfered with First Anticipating the courts would 7th Ron Nichols Susman3, Bill Wooton3 Shook3 th th Amendment rights. side with big business ACT had 8th Charley Webb 28 Thomas Campbell3, Ray 46 Stan Shaver3 th So the legislature revised the been running a TV commercial 9th Jim Marion Canterbury3 48 Donna Kuhn th th bill and passed another version aimed at alerting the public to the th 29 Tom Louisos3, David 50 Ruth Rowan3 10 Dan Poling3, John earlier this year. barrage of political messages by nd Ellem3, Brenda Brum Perry3, Margaret Staggers3 52 Mike Roberts However the changes were unknown groups. th th 12th Jo Boggess Phillips 30 Bonnie Brown3, Nancy 54 Walter Duke3 again challenged and again the The ad basically said “If you th 13th Dale Martin3, Brady Guthrie3, Bobbie Hatfield3, 58 Tiffany Lawrence3 law was struck down. don’t know who they are, don’t Paxton3 * WV State Building Trades On October 17 Federal Dis- believe what they say.” trict Judge Thomas Johnston Good advice. PAGE 4 THE ACT REPORT NOVEMBER 2008 CANDIDATES WANTED FOR HEAVY DUTY EQUIPMENT OPERATOR APPRENTICESHIP perating Engi- excavators. Applications will be accepted plicant will have a valid WV employment and training of ap- O neers Local 132 “We focus on safety and pro- at any Workforce West Virginia drivers license, and be physically prentices shall be without dis- is looking for quali- ductivity,” said Charles Parker, Center starting December 1 able to perform the work of the crimination because of age, race, fied candidates for Training Director. through December 12, between trade. color, religion, national origin, or their heavy duty Each year an apprentice the hours of 9:00 am and 3:00 An aptitude test will be given sex and will conform to ADA equipment operator spends five full weeks at the pm Monday through Friday. at the Workforce Center and a regulations. apprenticeship pro- training center located just south In order to qualify a person drug test may be required at a For more information call gram. of Parkersburg, most of which is must be at least 18 years old, later date. training Director Charles Parker The three year program fo- during the winter months. have a high school diploma or The recruitment, selection, at (304) 273-4852. cuses on all aspect of operating Apprentices must also get at GED and have been a resident

heavy equipment including bull- least 1,000 hours of paid on the of WV for at least one year. ACT Foundation Non-Profit Org. 600 Leon Sullivan Way U.S. Postage dozers, backhoes, cranes, and job training each year. In addition a successful ap- Charleston, WV 25301 PAID (304) 345-7570 Permit # 1374 Charleston, WV 25301 NATIONAL COMMISSION FOR THE CERTIFICATION OF CRANE OPERATORS MEETS IN WV

Increasing your credit score could save you $1,000’s!! Come to a

OPERATING ENGINEERS TRAINING Coordinator Chuck Parker (standing) FREE seminar participates in a meeting of the National Commission for the Certification of and learn how. Crane Operators (NCCCO). The national group comprised of contractors, equipment manufacturers, labor and training representatives held their semi- annual meeting in Charleston for four days in late October. NCCCO is a non-profit organization formed to develop effective performance Call for details. standards for safe crane operation to assist all segments of general industry 1925 Murdoch Avenue 600 Leon Sullivan Way, Suite 101 and construction. Parkersburg, WV 26102 Charleston, WV 25301 In 2001 West Virginia was the first state to adopt the NCCCO standards in (304) 485-1421 fax 485-1487 (304) 344-0194 fax 344-0195 legislation requiring crane operators to be certified. Now, 11 of 16 states toll free 1 888 524-1421 toll free 1 800 450-8530 [email protected] [email protected] requiring crane operators to be licensed use the NCCCO standard.