Volume 23, Number 11 • November 2014 A PUBLICATION OF THE AFFILIATED CONSTRUCTION TRADES A Division of the WV State Building Trades, AFL-CIO | Bill Hutchinson, President | Dave Efaw, Secretary-Treasurer | Steve White, Director Republicans to Control State House and Senate What to expect? Expect the worst. “Not this time,” said Efaw. “We Th e passages of so-called Right- area for construction wages and ben- With republican control of both expect to see votes on the so-called to-Work laws undermine a union’s efi ts and prevents low wage competi- the House of Delegates and the Sen- Right-to-Work legislation which is ability to exist. tion. ate in West Virginia many people are aimed directly at destroying labor In essence a person has the right Numerous studies show taxpay- wondering what to expect in the up- unions.” to enjoy all the benefi ts of a union ers benefi t from the system because coming session. In addition Efaw predicts the contract but does not have to pay the end price for projects remains the “Expect the worst,” said Dave state’s prevailing wage law will come dues. same with or without prevailing wage Efaw, Secretary-Treasurer of the WV under attack in many ways. Th e eff ect in every state where it laws. State Building Trades. “We will likely see bills to com- has passed is to erode union strength Workers in prevailing wage states “We will try to work with republi- pletely repeal the law, and perhaps over time which leads to lower wages becomes more productive, have a can leaders to fi nd compromises but some bills to change how wages are and benefi ts. better safety record, provide more I feel tough times are ahead.” calculated or to limit the projects Prevailing wage laws protect both training opportunities and pay their Efaw notes that, in prior legisla- where the law applies,” said Efaw. workers and contractors from facing own way for health care and pen- tive sessions, bills aimed at attacking In each case the result, if legisla- unfair competition on tax funded sions. labor usually did not get voted on be- tion passes, will be lower wages for projects. Th e legislative session starts on cause committee chairs knew it was construction workers for the near Th e law basically requires con- January 14 and lasts for 60 days plus a wasted time. future. tractors to pay the ‘going rate’ in the usual extension for budget matters. Dominion Commits to Use Union Labor for $5 Billion Pipeline In an October 17 letter to Sean Federal Energy Regulatory Commis- McGarvey, President of the Building sion before the line can begin. and Construction Trades Depart- A number of additional federal ment (BCTD) of the AFL-CIO, Do- state and local agencies will also have minion Energy has committed to use jurisdiction over aspects of the proj- a union workforce to build their $5 ect. billion Atlantic Coast Pipeline. Construction of the line is esti- Th e project is to stretch 550 miles mated to start at mid-2016 with a two from Harrison County, West Virgin- year construction schedule. ia to endpoints in both Virginia and “(S)ecuring an ample, skilled North Carolina. workforce, capable of installing large- Th e large size line, 42 inches for at scale infrastructure safely, effi ciently least half the distance, will carry 1.5 and in full compliance with all regu- billion cubic feet per day of natural latory obligations, will be of the ut- gas from Marcellus shale production. most importance,” wrote Dominion Dominion Resources along with Energy President Diane Leopold. partners Duke Energy, Piedmont “I would like to take this oppor- Union crews working on pipelines like this one have been common and plentiful in shale Gas and Atlantic Gas Resources need tunity to state our intention of noti- related areas of West Virginia. The proposed 42 inch line will be about three times as big to get regulatory approval from the Continued on p. 2>> as the one here and require large amounts of workers to build. 2 November 2014 Wage Case Wins at State Supreme Court Th e West Virginia Supreme Court aft er the alleged violation. the same work on other public proj- need to be a contract dispute. ruled a Kanawha County Circuit Eastern entered into a contract ects and should have known the wag- Th e Supreme Court ruled that a Court Judge acted too soon when he with the state in 2007, and then re- es were to be paid. Th e contract re- fi ve year limitation was the correct tossed out a case involving prevailing newed the contract in 2008 and 2009. quired Eastern to “observe State and one because the construction work wage rates. In February of 2009 the West Vir- Federal laws, including but not lim- was performed on a public project Th e case concerned nonunion ginia DOL was called in to audit a ited to labor and wage laws.” Trivelli that was let to contract and the inju- workers employed by Eastern Elec- project where Eastern was perform- argued that the type of work controls ry was economic not personal injury. tric LLC who were working on pub- ing work. Th e audit concluded East- whether prevailing wage applies. Th e case was sent back to the Cir- lic contruction projects including the ern should have been paying prevail- Th e Supreme Court ruled Judge cuit court for trial. West Virginia State Capital and the ing wages on the project and Eastern Zakaib erred when he dismissed the However the Supreme Court re- Governor’s mansion. was sent a letter to that eff ect on Au- case before hearing the facts in the jected an argument by the workers Th e company claims state repre- gust 6, 2009 saying employees were ‘honest mistake’ dispute. that the Wage Payment and Collec- sentatives told them they need not owed $135,330 for work performed. Also at issue was whether the case tion Act should apply. Th e Court follow the prevailing wage laws for In court Eastern Electric argued was fi led in time. Both a two and fi ve found that the Wage Payment and the work because it was maintenance they made an ‘honest mistake.’ Under year statute of limitations was argued. Collection Act to be for separate rather than construction. state law an honest mistake or error For a two year limit to apply the case types of cases. Th e employees hired ACT attor- is a defense. Eastern Electric argued would be considered a personal inju- Justice Robin Davis issued a dis- ney Vince Trivelli who argued the the contract did not specify prevail- ry and for the fi ve year limit it would senting opinion on this point. work was construction and the pre- ing wage rates had to be paid and a vailing wage rates applied. representative of the Department of Circuit Court Judge Paul Zakaib Administration told Eastern the rates SMW-33 Screening dismissed the case in October of were not required. From October 6 to 16 members of years aft er exposure to asbestos be- 2013 agreeing with a company argu- However Trivelli argued they Sheet Metal Workers Local 33 were fore scarring of the lungs or other ment that they made “an honest mis- made no mistake at all, were very able to get a free medical screening manifestations may be detected. take” by not paying the proper wages well informed about the prevailing thanks to a program sponsored by Under the testing procedures, and that the case was brought too late wage law, paid prevailing wages for both labor and management. each volunteering member receives Th e screenings, which focused on an examination consisting of a chest asbestosis, took place at eight loca- X-ray, breathing test, fecal test, draw- tions in Ohio and West Virginia. ing a blood sample to check for dia- Charleston Trades Get Th e testing for eff ects of asbestos betes, high cholesterol and PSA, and is part of a continuing program con- a simple physical exam for vital sta- Zero Injury Safety Award ducted in the United States and Can- tistics, examination of the chest and ada by the Sheet Metal Occupational examination for clubbing, and an in- Health Institute Trust, a joint activ- terview about the members’ health, ity of the Sheet Metal Union and the industry and vocational history. Sheet Metal and Air Conditioning A follow-up report is issued at a National Association (SMACNA). later date. About 50,000 members of the “Over the years we have heard union and contractors have been one in six of our older members tested during the past several years. have some sort of abnormality,” said Th e goal is to ensure every mem- Jim King, Business Agent for the ber of the union with 20 years’ ser- Charleston District of Local 33. vice in the trade has the opportunity “We hope that number goes to to be examined. zero but in the mean time our mem- It normally requires about 20 bers need to be screene.” Unions have worked hard at building a relationship with Dominion, which Dominion was critical in the project discussions. Continued from Page 1 “We also got a commitment they Charleston Building Trades Business Manager Paul Breedlove holds fying the pipeline construction con- would work with us on getting bid- a Zero Injury Safety Award earned by the Council for a 2013 project by tractors that they will be required to ders for the three compressor stations StructSure Scaff old & Insulation, LLC at AEP’s John Amos Power plant.