Document 6w8kr9b7eZ48p6kJ2XLMBvyZd

FILE NAME Painters and Allied Trades PAINT DATE 1975 June DOC PAINT039 DOCUMENT DESCRIPTION Meeting Minutes - Brotherhood of Painters and Allied Trades , General Executive Board Meeting _ United Unions Building , Washington Washington D.C. June 11-16 1975 ; Meeting was called to order by General President S. Frank Raftery at 9:00 A.M. Those present were General Treasurer Michael DiSilvestro General Vice Presidents Bernard A. Sniegowski A. L. Monroe Jawford Jawford Jawford Jack T. Cox Guy W. Leber Robert Petersdorf and William A. Duval Others prosent were Executive Assistant to the General President Harry W. Martin General Counsel David S. Barr and Sixth District Director of Organizing James . B. Cox General President Raftery reviewed with the Board the agenda for session this of the General Executive H.R. 5900 Situs Picketing Bill General President Raftery briefed the Board with respect to H.R. 5900 Equal Treatment of Craft and Industrial Workers Situs Picketing Bill and pre- sented the followingfolowing to the Board for their studstuydy 1 A statement of John Dunlop Secretary of the . U.S. Department of Labor before the U.S. House of Representatives Subcommittee on . Labor Management Relations June 5 1975 2 An analysis of Mr. Dunlop's statement 3 Building & Construction Trades Department President Robert Georgine statement to the House Shecmmittee on Labor Management Relations June 5 1975 4 Press statement from the Building & Construc- tion Trades Department on Situs Picketing y Report of General Counsel General Counsel David S. Barr reviewed with the Board a NLRB case involving Local Union No. 798 . Nassau County New York and Nassau Master Painters Association This case was with regard to the right of Local Union No. 798 to appoint job stewards from among unemployed members The NLRB had ruled negatively in the case Succeeding this the NLRB had been requested by Local Union No. 798 to modify their Order Such request had been refused and the NLRB is seeking enforcement of their Order in the Federal Courts which will be opposed by the Local Union and the Brotherhood General Counsel Barr reported that nothing further has been heard from the NLRB regarding Case No. 2371 in which the Central Pennsylvania Subcontractors Association and the Drywall Contractors THE JOURNAL AUGUST 19 ^' i F a ; 4 , 5 * Association had sought to force the Brotherhood and the involved Local Unions to sign a collective bargaining agreement which the IBPAT Local Unions had voted down in a ratification vote He reported on a case involving Parrott Inc. vs. Northeastern Washington and Northern Idaho Building & Construction Trades Council et al which included Painters District Council No. 54 and Local Union No. 269. In this case the plaintiff seeks to collect damages against all defendant unions for a secondary boycott The General Counsel of the NLRB has dis- missed secondary boycott unfair labor practice charges filed with the Board based on the same facts as those of the lawsuit The Board upheld picketing at a com. mon situs even though on certain days of the picketing the primary employer's employees were not on the job the Board's General Counsel pointing out that _ their absence was temporary nor was there any way of knowing in advance when they would be at the job site . ; He reported on the National Governors Conference National League of Cities et al vs. Secretary of Labor case In this lawsuit the plaintiffs contend that the 1974 amendments to the Fair Labor Standards Act are unconstitutional insofar as they extend coverage of the Act to employees of States and Local Governments The District Court dismissed the lawsuit and it is now before the Supreme Court of the United , .States Secretary- General of these actions as outlined by the Treasurer The motion carried a The General Treasurer presented to the Board bicentennial calendar that is being published and he suggested that this historical events calendar cards be purchased and sent in place of Christmas all of our affiliates and those others who to would normally receive greetings from the Brotherhood There was motion made and seconded to approve the purchase of these The motion carried General President Raftery reviewed with the Board it the problems of cash flow and how is affected the problems of delinquencies He asked all of the Board members to keep these situations in mind proposing during the next several months or until improvement shows itself and to be mindful of these in financial grants and assistance programs He asked each of the General Vice Presidents to direct specific attention to eliminating the delinquencies and inform the General Treasurer of the results of their efforts ; Appeals and Protests Appeals and protests that had been submitted to the General Executive Board for consideration were heard with the General Treasurer recording the decisions of the Board in such matters Independent At the urging of the IBPAT the AFL has Report of _ Auditor filed an excellent amicus brief in the Court on behalf of the Labor Movement and the IBPAT on behalf of our public employee members General Counsel Barr was optimistic as to the outcome He reported . on some of the difficulties involved with the Brother- Mr. Mark Cunningham CPA and the Independent Auditor for the Brotherhood presented to the Board and reported on his audit report for the first quarter of 1975 hood's program of organizing public employees in Iowa and that the Brotherhood had won an important case of first impression under Iowa's new Public Em- ployment Relations Act The organizing efforts in Black Hawk County Iowa have been successful but the efforts in Polk County have run into a snag that has brought on an Article XX case under the AFL- CIO Constitution , , General Counsel Barr reported on several other cases pending before the NLRB the Labor Depart- _ ment and the Courts and as to their progress or status Brotherhood Per Capita Tax Payments There was some discussion with respect to the capita tax payments made by the Brotherhood to the AFL the Building & Construction Trades De partment and other affiliated Departments of the , AFL _ General President Raftery informed the Board that he would send the General Executive Board members copies of the audits of those organizations that show the per capita payments made by the Brotherhood such organizations Report of the General Treasurer General Treasurer Michael DiSilvestro reviewed with the Board what his office is doing in updating the electronic data processing equipment and its operation and the advantages of these actions There was motion made and seconded to approve Cash Flow and Membership Status DiSilvestro General Treasurer Michael presented the Board with a comparison of projected to actual cash flow schedule for the period October 1 1974 thru June 1975 E 20 THE JOURNAL ; He reported on the status of membership and as a comparison of 1975 to 1974 offered it is therefore RESOLVED as follows on were aa! Report of Investment Counsel Mr. Joseph Canipelli of Loomis & Company reported to the Board on the Investment Counsel's handling and management of the Brotherhood's invested Funds Errors and Omissions Insurance General Treasurer Michael DiSilvestro presented to the Board proposals and quotes that had been received regarding Errors and Omissions Insur- course coverage for Trustees The Errors and Omissions Committee composed of General Secretary- Treasurer Michael DiSilvestro and General Vice recommended that coverage be obtained for a three ) year period as issued through Lloyds of London The General Executive Board acting upon such proposals adopted the following Resolution RESOLUTION of the General Executive Board GEB of the International Brotherhood of Painters and Allied Trades IBPAJT une 12 1975 1. The IBPAT will enter into an agreement or arrangement with representatives of Lloyds that said policy attached as Exhibit A will be made available to all Brotherhood employee benefit funds that desire such coverage upon the terms above described 2. The General Officers and General Representatives Retirement and Pension Fund and the Staff Pension Fund of the IBPAT will together purchase said policy for a year term effective July 1 1975 with combined coverage amounting to 1,000,000 and the IBPAT will purchase in connection with said ' policy elimination of recourse protection for and on behalf of the fiduciaries of that Fund Industry 3. The Trustees of the IBPAT Union and National Pension Fund have resolved that the Fund will purchase said policy for a three term effective July 1 1975 with coverage amounting to 5,000,000 The IBPAT will purchase in connection with said policy elimination of recourse protection for and on behalf of the Union Trustees of that Fund and will pay its fair proportionate share of the premiums necessary to the purchase of elimination of recourse protection for and on behalf of the Administrator of that Fund ; WHEREAS the Employee Retirement Income . Security Act of 1974 ERISA in Section 410 thereof permits employee benefit plans to purchase insurance for themselves and their fiduciaries to cover liability for breach of fiduciary obligations which insurance provides recourse by the insurer against ~ fiduciary in the case of a breach of fiduciary obligations by such fiduciary and further permits an employee : organization to purchase insurance to cover potential : liability of one or more persons who serve in a fiduciary capacity with regard to an employee benefit , : plan and 4. In connection with any other Fund in which the Brotherhood participates and which elects to purchase said policy the IBPAT will purchase elimination of recourse protection for and on behalf of all Trustees in the case of internal Union funds the Union Trustees in the case of the administered funds and its proportionate share for the Administrator if any of any such funds Investment Counsel Selection The Board next took up the matter of the selection defend WHEREAS it is deemed desirable to protect and defend employee benefit funds in which the IBPAT or its affiliates participate and fiduciaries of such - funds by means of such insurance and WHEREAS Underwriters at Lloyds of London Lloyds have offered a blanket trustee liability insurance policy for one year or three period attached as Exhibit A which would be available to all employee benefit funds in which the IBPAT or its affiliates participate at reduced premium rates and of an Investment Counselor for the Funds of the _ Brotherhood After some discussion there was motion made that the General President and the General Treasurer be authorized to make such selection between National Investment Service and the Kennedy Company There being no second to the motion and after further discussion a motion was made and seconded that the Kennedy Com- pany be selected as Investment Counsel and money manager for the IBPAT funds The motion carried ilvestro 3 oj~ jbc WHEREAS after comprehensive study it was determined that said policy and premiums charged are - comparable with and in some respects superior to other similar policies and premiums presently being Report on Safety Program General Vice President Jack T. Cox gave the Board a progress report on the Brotherhood's Safety Program and the National Safety Committee He presented a , THE JOURNAL 21 at en ne sent A : i. ; :i study made by the U.S. Department of Health Education and Welfare and the National Institute for Occupa- tional Safety and Health NIOSH on occupational exposure to crystalline silica He also presented a recommended standard of NIOSH for exposure to crystalline silica General President Raftery informed the Board that his office is at present engaged in obtaining samples from all drywall taping compound manufacturers for testing toward seeking an asbestos compound that can be used in the drywall taping industry General Vice President Cox reported to the Board that the National Safety Committee is studying the possibilities and the promulgation of informational booklets on safety in the use of materials and safety aids which would be made available to Local Unions and the Brotherhood's members 23rd General Convention Resolution No. GEB informing them as to what they should and can be doing and what is expected regarding this program General President Raftery suggested that the Or ganizing Advisory Committee or a subcommittee study General Vice Presidents and the Director of zation set Organi up meetings with appropriate contractors toward adopting bridge agreements that would bring about job opportunities to the Brotherhood's members as did the National Tank Agreement A full should be made and facts national bridge agreement obtained leading a to Federal Committee on Apprenticeship on Apprenticeship that he had attended as the Brotherhood's representative He outlined tions being taken and the many efforts that are being Concerning The Board reviewed a " Special Report a Possible Pension Plan for Time Business Repre- sentatives Officers and Employees of Local Unions and District Councils Affiliated with the as had been prepared by the Martin E. SeBgraoltChoemrphaonoyd and which is to be reviewed by the Resolution No. GEB Study Committee on 1975 Monday June 16 National Joint Painting Decorating and Drywall Apprenticeship and Training Committee Report on Organizing Advisory Committee Organizing General Vice President Committee of Guy W. Leber and Director Organization Robert C. Welch presented the Board There was a suggestion that a closer line of .com munication be a resume of the established between those who Advisory meeting of March 10-12 1975 Committee the Committee's day activities and the oversee General Executive Board There too Their report pointed out some the was a question regarding attacked as part of the specific areas to be efficacy of developing and paying for at substantial organizing efforts some of the problems that are to be overcome and how the overall costs such training capsules as Blueprint and Color Harmonizing which are not substantial Reading f appropriate 7 organizing program of the Brotherhood has been for apprentice and as and implemented at the journeyman accepted reviewed how the local level They efforts and dicctions Director Gustine pointed out various branches of the Brotherhood that the capsules were have approached organizing and what the present needs are and in what comprehensive for apprentice and journeyman training and were not intended for areas Several recommendations made to the Board were the purposes of estimating jobs or laying out work for their consideration in the overall which are management functions - - Organizing organizing effort There was a motion made that the Board adopt the concepts contained in the recom- mendations of the Advisory Committee General President Raftery instructed Welch to draft a concise Director summary of the concepts expressed by the Organizing Advisory Committee for publication in the Brotherhood's Journal Also Presi- dent Raftery informed the Board that he would send a directive to all General and Special Representatives Raftery General President instructed Director Gus tine to see that the General Executive Board members received copies of the monthly reports of the National Committee's Director and Coordinator 22 THE JOURNAL he