BAC Administrative District Council Officials

 
Director's Report
Richard E. Tolson
Director
e-mail

Brothers & Sisters:

Happy New Year! As 2009 has closed, my hope for all of us in 2010 is increased opportunity. Given the opportunity I know our membership can complete any challenge. With the standard the BAC has set, the apprentice and upgrade training we offer, and the proven reliability of our craftworkers, I know our members are ready, willing, and able to build the future of this state and our nation.

The November 2009 election has brought a new Governor to New Jersey. Although your Union endorsed the incumbent, we have begun to establish our relationship with the new Governor to find common ground to protect workers rights in New Jersey. Gov. Christie's background is in law enforcement. We will call on him to enforce the prevailing wage laws, unemployment and tax laws, as well as safety in the construction industry throughout the state. We also expect him to recognize the consequences of allowing unscrupulous contractors from taking advantage of undocumented workers and violate all the laws of the state. Our contractors must be given level playing field to compete. We look forward to having an Ironworker as Senate president. Senator Steve Sweeney along with his Labor colleagues in the Assembly have vowed to make sure workers rights remain a priority in New Jersey. To do that we must have an understanding and aggressive Commissioner of Labor. Contact your senators and assembly members and let them know you want a Commissioner of Labor who understands what the word "Labor" means!

As your Union prepared for 2010, we made sure we are aware of where the job opportunities will be. Working with IMI, we have identified high rise residential, mixed use development, transit villages and school construction as the markets we will focus on. A new initiative of public/private partnerships looks to take effect on college campuses throughout the state. Additionally, new products and our ability to understand and install them will go a long way to generating hours for our members. Synthetic stone, terra cotta cladding, and acoustical plaster, are just a few of the products we have identified and are pursuing claiming jurisdiction and installation. As these products and others are identified, training will be provided so as they are specified on projects we are prepared to do the installation.

Your Unions leadership continues discussions with our signatory contractor associations to maintain our contractual obligations and keep our unionized industry viable in the future. We are being creative in targeting markets we have little presence in today. Chain hotels, 4 stories and below, chain restaurants, some banks, and of course chain drug stores continue to be a challenge. Between legislation and flexibility on our part, we look to change that in 2010.

Although faced with many challenges, the officers and staff of the ADC and our Locals 2, 4, 5 have accomplished much in 2009. Faced with the worst financial crisis in generations, our pension plans remained in tact with no existing credit reductions and future service protected as much as possible under the law. As our nation grapples with health care, our fund has protected our benefit levels, extended self pay eligibility, maintained healthy reserves for our future and limited contributions as other trades approach 10, 12 and 15 dollars per hour. Due to the scrutiny of Secretary/Treasurer Capo, our budget remains as lean as possible while still providing the level of service our membership is accustomed to and deserves. Although some changes have taken place, the representatives of all locals have continued to step up and accomplish more with less. We have all learned to work more efficiently. Through staff suggestions and cooperation, coupled with the work of Brother Capo and Nick D'Orazio, internally your Union has cut cost on office supplies, telephones and insurances.

2010 will indeed present many challenges. Our greatest effort will continue to be creating more hours for our members. We are committed to work with the most legitimate contractors in the industry and supply them with the most well trained, productive, and reliable craftworkers. We may well shrink before we grow, but, I believe we will be a stronger Union because of it. We ask for, and welcome, your suggestions and support as we progress through this New Year. Let us stay united as a Union and an industry so we can build a better tomorrow, today!

As always, I am honored to be in a position of leadership for the members of the BAC/ ADC of New Jersey and Delaware.

In Solidarity,
Richard E. Tolson
Director, BACADC of NJ


Secretary/Treasurer Report
John F. Capo
Secretary/Treasurer
e-mail

Brothers & Sisters:

"Elections have consequences." I am not sure who the original author of the statement is, but no truer words were ever spoken. While contemplating a topic for this newsletter, I received an email containing Governor Christie's 2010 subcommittee reports with recommendations to improve and/or shrink state government. I immediately clicked onto the Labor and Workforce Development Committee report. After review I knew "faster than when an apprentice knows he is due for a raise" that I had not only found something to write about, but also something I could educate the membership about.

The first page contains the Department of Labor mission statement:

"With a commitment to the highest standard of customer service, we will ensure the opportunity for employment at fair wages in a safe environment; enhance the quality of the States labor force and labor market activities; stimulate economic growth; promote labor management harmony; and administrate income support services to unemployed or disabled workers."

It is a very important and noble mission statement, but like most things in life, I am sure there is room for improvements or changes in the department. In the twenty page report, topics range from Unemployment Insurance, Worker's Comp, Organization and Staffing, to Wage and Hour compliance. The Wage and Hour Division of the Department of Labor, which is important to the construction industry, monitors prevailing wages on government jobs and all other aspects of employees being paid fairly and employers complying with the applicable laws.

Before I get into the findings and recommendations of the report, it is important to note the subcommittee appointed by Governor Christie to review the Department of "Labor" does not have one person from "Labor" on the committee. The ten appointees are entirely from business or other government agencies. Apparently the Governor feels a Department set up years ago to ensure that workers are treated fairly should be reviewed solely by a committee of business people and Government. Talk about the fox guarding the henhouse. Elections have consequences.

As unsettling as this may be, it gets worse. The committee feels that a name change would help the Department. They feel the word "Labor" gives the Department a negative perception. What's their choice? The New Jersey Department of Business and Employment. That Department already exists under the Department of Commerce, which was merged into the Economic Development Authority. A Department created to ensure workers are treated fairly should now have the word business in it? Can the report get any worse? The answer is YES. Elections have consequences.

Other recommendations by the committee are;

1. Whoever is chosen the next Commissioner of Labor should have a "business background" and "no connections to organized labor."

2. The Wage and Hour division is "perceived by employers as oppressive" and "assesses large fines" in a "heavy banded manner" against employers who violate or break the law. They recommend the fines should be reduced and not be so severe.


What else would a committee of business ( people recommend in reviewing fines that are imposed against them?

3. That misclassification of "Independent Contractors" in the construction industry could be a simple "clerical error" and there should be no penalty.

A clerical error? This borders on an out right lie. Many times contractors will list employees as "Independent Contractors" to circumvent prevailing wage, worker's comp, taxes, and immigration laws. This puts our contractors at a competitive disadvantage, which limits your work opportunities.

4. That prevailing wage compliance audits, on contractors should be investigated as they come up randomly or with "empirical evidence", not by "certain outside groups" meaning Building Trades Unions.

So even if we know that contractors have cheated in the past on prevailing wage, and the workers on the job tell us they are not receiving prevailing wage, we cannot call the Department of Labor to investigate.

I do not want to totally dismiss the entire report. There were some good ideas on fiscal responsibility in the Department. But having a few committee members representing labor, organized or not, would have given the report a little more credibility. Instead, it appears to be just another anti-union^ anti-labor, pro-business hatchet job. The ADC has been cautiously giving the new Governor an opportunity that his administration would take steps to ensure all New Jersey residents benefit from the changes. This report certainly is not a step in the right direction for labor.

When we as leaders of the ADC encourage you to first exercise your right to vote, and second inform you on issues and candidates that affect your ability to receive the wages and benefits we have negotiated for, it is because of reports like this. There are people against organized labor and what we stand for. It is part of our responsibility as leaders to not tell you how to vote but what is at stake and possible results. Elections have consequences.

Fraternally,
John F. Capo
Secretary/Treasurer


Office Administrator Report

Nicholas D'Orazio
Office Administrator
e-mail

Dear Brothers & Sisters,


As most of you are aware, delinquency notices have been going out the 1st of every month.

As per the letter, you have until the 15th of the month to pay your dues. If you are in jeopardy of being dropped for non-payment, your letter will be stamped Final Notice. We do understand that the work situation is tough right now. If you are unable to send the full amount, try to send at least one month to avoid being dropped.

In the event you are dropped for non-payment of dues and have to reinstate your membership the fines are as follows;

One to six months from the date of being dropped the reinstatement fee is $115.00 plus the amount you owe in dues to bring yourself current.

Seven to twelve months from the date of being dropped the reinstatement fee is $215.00 plus the amount you owe in dues to bring yourself current.

Attention all Shop Stewards. It is your duty as a shop steward to be checking all BAC Members dues cards on the job site. If someone is not current in their dues, please notify your Field Representative or send the member to the appropriate office to get current.

Additionally, if you are planning to move or changing your telephone number, please notify your Local Union office of the change. Your Local Union office will notify your local fund office, BAC Health Fund, International Union and International Pension Fund on your behalf with the changes.


Fraternally,
Nick D'Orazio
Office Administrator


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