Document q34GjpyxajJa6a54V979RNkmj

FILE NAME: Hampshire (HAMP) DATE: 1974 May DOC#: HAMP004 DOCUMENT DESCRIPTION: Newsletter - Labor and Safety News from iaWCC 'My ,1974_____________ 1775 Church Street NW, (202) 462-1600 Washington P.C, 20036 y0i. i No. 9 [ ision Reform B ill in C onference ise and the Senate have now evolutionary new pension reform n. The bills set federal standards rrictly regulate most aspects of pension funds. The two bills, ntain major differences, are being i by a Conference Committee to tise the differences. risen of several of the key issues hows: Iiq Requirement triilll requires pension plan t for a worker by age 30 or after of service. The House bill is more f requiring eligibility after 3 years e or one year of service if 20 or Ing Requirements te bill requires 25% vested after 5 vice then 5% per year for the next with 100% vesting after 15 years, se bill offers three options: (1) one ' the Senate requirem ents; (2) full her 10 years (for plans in affect on :nactment only); (3) incremental arting with 50% when sum of age of service are equal or exceed 45. billty Provisions >rt to protect workers who move o job, the Senate bill establishes tent portability fund for tax free of funds from one plan to Both employer and employee e to participate, however. The II has no such provision and re that the Senate plan will be trfbution UmlU j f l f :and House bilis limit fits to S75.000. Contributions Me bill are limited to the amount ------ to fund an annual benefit, while bin allows larger contributions nate b~ill. I. LABOR NEWS C on trols Likely to End April 30. 1974 will mark the end of all controls as established underthe Economic Stabilization Act of 1970. As least, that is the present wish of most* Congressmen, labor and business leaders. All efforts by the Administration to continue its authority to regulate controls and all com prom ise measures for selective extension of con trols have failed to be passed in either the House Banking and Currency Committee or the Senate Banking Committee. However. Wednesday, April 24th, the Senate Democratic Caucus responded to the urgings of Majority Leader, Mike M ansfield, and called for legislation that would give the Nixon Administration standby authority to continue controls after their scheduled expiration next Tuesday, April 30th. There will now be an effort on the Senate floor to tie this measure in to another bill the last few days of April. D r. John T. Dnnlop, Cost of Living Council Director, is one of the few Administration officials seriously working on controls continuation. He stated that all projections of the inflation rate have been too low and th e second quarter " isn't likely to be much different from the fast pace of the first period." He further stated that his belief that the price increases after controls are lifted will be due largely to boosts in steel and related products, copper and medical care. He expects wages increases to rise sharply, especially fa construction and among state and local government em ployees. The measure proposed by the Senate Democrats would provide for an " orderly term ination" of controls after April 30. It would also require the Cost of Living Council to monitor all major sectors of the economy and to enforce the commitments that many business and labor groups m ade in exchange for being freed from controls before April 30th. If the m easure is approved in the Senate, it is unlikely the House can act by April 30th, however, the legislation might be pushed after the law expires. CISC If the wage controls are completely abandoned on April 30th, many problems will have to be settled concerning the actions of the* Construction Industry Stabilization Committee. Among those that are being dealt with now is how to retain, on a continuing basis he CISC's computerized date of wage rates. There is also now a great possibility that most, if not all, the craft boards may be continued on a limited basis under voluntary agreem ents. The Boards would have no legal power but could exert influence in difficult bargaining situations and continue the accumulation of statistics that CISC initiated. The Operating Engineers Board has . already agreed to continue, after controls expire and will assist local negotiating groups in impasse situations. iaWCC will be issuing a special bulletin to keep our members informed on the status of controls after April 30th. If you have any questions on the m atter, please contact the Washington office. ir irir ir ir ir Roundtable R eleases Jurisdictional R eport A subcommittee of th e Construction U sers Anti-Inflation Roundtable has released a report that the central union labor problem in construction is the union jurisdictional problem. The report suggests that the construction users help to find solutions to the problem since the unions and contrac tors have not solved the problem of which craft union can claim, get, preserve and protect what work. (Continued on Page 3) R O U T IN G B 0 1 Por @; Rail Biavoitti O Xotaiu Ubor a d Safety Nin i (rem iiWCC 1775 Church Street NW Wtohington, ,,& 20038 (202)462-1600 Min Deborah Imio Director of Ubor Ribtiont, WCC FRANK J . KRAFFT. PfSiWsnS VITO ARSENA. Choimton. Labor Uaiooft Commino* E. M. RATLIFF, Vic* ClMirman, Labor Lioiton Commino* THOMAS MCCARTNEY. Chairman. Safoly Commino* RAV BOYO, Vie* Ctialrmon, Softly Commino* JOE M. BAKER. Jfl., Manaoing Diractor Publiahad'B'fM onlhly In Waahinglon. OC aa a m*mb*r aaryle* ol ih* iaWCC soodtaU e [^osjtiaae1d Isom Page 1) . he jurisdictional problem, as explained in le report, is pervasive because the tru e roblem is that of exclusive craft jurisdic es This craft system Shea gives lanagem ent groups a vested interest long with the unions in its retention and ic problem is compounded. In effect, '-ratio n s are caused b y . the craft anal boundaries and this creates nomic w aste than strikes resulting sdictional disputes. Iso problem s are caused by inem dent use !manpower, labor shortages, featherbed* tag practices, proliferation of managetent organization and fragmented bar* lining. These problem s, in turn, increase instruction costs, impede technological rogess, erode management rights, and ms give open shop contractors a im petitive advantage. hough union and m anagem ent try to curb irisdictional disputes through the Impar* al Jurisdictional Disputes Board, the oundtable states no voluntary plan as is ow in use will b e th e answer unless visions are m ade in the Green Book hich contains "tim e w orn" precedents rt settling disputes. he Roundtable suggests users utilize an 8 oint program involving education, legis* irive and practical steps. Because the sere have ultim ate authority over selec* on of equipm ent and m aterials, the report iggests the users minimize jurisdictional isputes by innovative design and specifi* ition of package units and provide much !f*site fabrication. O 'suggested is th at contract languag in to require contractors to pursu ble labor contract and legi trates In order to solve jurisdictioni isputes. or your copy of th e report, contact the >WCC W ashington office. CCE National Conference Held In Washington The Council of Construction Employers (CCE) held its 1974 Construction Industry National Conference oo April 7-10 Sa W ashington. Its purpose was to acquaint contractors with the important legislative Issues. 18? referred to thia.year aa " th e year of the dilem m a." He stated that this is because management is facing aa "unprecedented situation" due sot only to u n e e rtjB controls but also to problem s of m aten>7 shortages and escalating costs. He suggested that contractors do some hard bargaining on language and place much emphasis on productivity. The issues discussed tanged from wage controls legislation to the problems with the Workmen's Compensation proposed legislation. Some of the important aspects on the issues discussed are as follows: 1. OSHA Reform -- It was stated that nearly 100 individual bills have been introduced concerning reform of the OSHA Act. Areas remedies, that would be beneficial to contractors were suggested and are (1) preclude OSHA citations being used in civil litigation: (2) provide good Samaritan coverage for both employee and em ployer;' (3) provide uniform require m ents for both state and federal safety and health laws; (4) eliminate citations for first violations (5) employer OSHA regional directors with authority to grant variances: and (6) permit consultative services by compliance inspectors without citation or penalties. 2. Economic Controls --Harry Taylor, CCE President, brought out that controls were likely to end because o fcombined efforts of the U.S. Chamber of Commerce and the National Association of M anufacturers and the AFL-CIO to prevent continuation of the Economic Stabilization Act of 1970. In discussing the accomplishments of Con struction Industry Stabilization Committee (CISC) M r. Taylor stated that before controls, wage increases in the construc tion industry avenged 18% and were, rising. W hereas under controls, fee industry avenge for 1973 was 5.5% . In addition, the strike activity w as down 26% and a number of unproductive work practices were being taken out of agree m ents. H e noted, however, that presently exces sive dem ands were being made by labor a t the bargaining table, which if allowed, could touch off leapfrog bargaining. Therefore, he stated that more tim e is needed by the CISC and the Craft Boards to continue restoring traditional craft relationshios. 3 . Collective Bargaining In 1974 --A panel o f speakers including Frank Bonadio, President of the Building and Construction Trades D epartm ent, AFL-CIO, and various contractors and contractor representatives discussed "Collective Bargaining in 1974 and Beyond." Tom Dailey and Frank Bonadio Frank Bonadio stated he felt th at labor and management had more in common than th e bargaining issue and suggested th at associations and labor sit down and realistically discuss legislation for th e benefit of the entire industry. He stated th at contractors should stop laying all of th eir productivity problems on the unions. Many of these problems, he said, stemmed from business conditions during the Second World W ar and after contractors actually made money by hir.3* unnecessary manpower and making the government pay for it. He added that the unions have been active in knocking out coffee breaks and high tune provisions in local agreem ents and trying in general to make th eir employers m ore competitive in the face o f open shop inroads. He further went on to say th at " the unions have got to get off their rum ps and do something about the non-union contractors, but you contractors have to h e lp ." Bob' Higgins, Director of the National Electrical Contractors Association, said be felt progress in bargaining had been m ade ia fee past few years. However, fee contractors can't always look to Congress for controls program s. He stated that after April 30th "w e are going to have to work twice as hard as before, primarily on th e local level." of Building Trades Departlo o t McGlone, CCE Chairman ipshots fron Conference W orkm en's Com epensation Reform 2 PLAINTIFFS i EXHIBIT u k Krafft, UWCC President, and Biffi ieffi. C arpenters President Whhey Rogers Debby Imie, Carpenters Union iaWCC Labor Director --ton Reform tinned bom Page 1 ''landing B cqidnnw att * . ac. Senate and House bills require labilities of pension funds be fully ver the next 40 years. Plan Term ination Insurance te Senate bill states all vested liabilities ast be insured but no insurance is quired if plan is term inated within S ars of establishm ent. The premium s ate lid through annual tax by an employer of per coveted participant. The House hill ovides th at vested liabilities m ast also be sored but established a Pension Benefit laranty Corporation under the Secretary Labor. There is one tru st for mold iployer plans and'-another for single aployer plans. The bill sets a premium rthe insurance a t a lim it of initially 0.1% tbe amount of the plan's unfunded biiity plus 0.1 % of all accrued liabilities. e Conference Committee is doe to have compromise m easure out some tim e indly May. iaWCC will inform you of the at m easure th at is enacted. 1~CI0 Ends Trusteeship of Colorado rA M eany, AFL-CIO President, l announced th at the trusteeship of the u n d o Labor Council will end May 16, f4 after a special convention of the state rod! la held to elect officer*. The Senate Labor and Public W elfare Committee has begun its public hearings on S.2008, a federal workmen's compensa tion bilS. This M l has far-reaching impFications for employers an d if is important for you. as contractors, to know how it may effect you if it is passed by Congress. The bill would federalize state workmen's compensation system s and saddle employ ers with an enormously expensive program modeled after federal "black lung" benefits for coal m iners. Enactment of S.2008 would transfer all the important decisions about workmen's compensation to the Secretary of Health, Education and W elfare and the Secretary of Labor. HEW, not the states, would determ ine which diseases are to be compensable and the criteria to be used in determining whether benefits are due. The Secretary of Labor, not the states, would promulgate standards regarding all other aspects of the law , and could add new ones as he saw fit. These new H.E.W . asad Labor Departm ent standards would become effective automa tically in every state, without legislative ratification. Other facts about the bill are: Minimum Standards - The bill provides no maximum limitations on the total benefits for death or tem porary or perm anent total disability; no maximum limitation on the type or extent off medical care os rehabilitation services; provides for pay ment to totally disabled workers of not less than 66 2/3% of th eir average weekly wage, subjectto a maximum of no less than 100% of state-wide average of weekly wages during 1975, with this rising to no less than 200% of state-wide av en g e of weekly wages commencing January 1,1978 (with automatic "co st of living" escalator for both old and new cases); provides minimum payments of not less than 50% of state-wide avenge weekly wages but not more than the injured worker's avenge weekly wage. Total Disability - S pedai Provision - The biffi provides th at state laws would be required to m eet tb e standard so th at claims for total disability due to occupa tional diseases be adjudicated under criteria developed by th e Secretary of H.E.W . 1 also requires th e states to indude provisions for reopening past cases of total disability due to occupational diseases or other work related causes for adjudication under the new occupational disease standards developed by A Secretary of H .E.W ., if the benefits were denied or term inated in the p ast due to less favorable standards then in effect. State Plans - Under the bill each state would have until January 1,1975 to file an approved state plan providing for the establishm ent of a single state workmen's compensation agency with authority and responsibility of supervision of medical care, repotting on controverted cases, assisting in claims processing and inform ing employees of the new benefits and functions of the compensation system . Advisory CammhsloB - An advisory Commission would be created to monitor the progress of the individual state plans for compliance; to review th e adequacy of state plans; to develop recom m endations for improving compensation program s and to recommend appropriate .action for establishing new or unproved standards. The cost effect of these provisions can be judged by looking at what has happened under the "black lung'' benefit program for coal miners under the Coal M ine Safety and Health Act. When th at act was pending, its supporters estim ated the cost would run no more than $500 million over the entire life of the program . However, black lung paym ent exceeded $1 billion in 1973 alone, and the totaH tas been officially projected a t S10.6 billion through 1981. The AFL-CIO. chief proponent of S.2008. already has alerted state labor groups to tn a ftf-a h ^ a ttu t. effort to discredit state workmen's rom ipensstion law s and to build up support for federal action. It is vitally im portant th*i,your point of view b e heard. Therefore, urge 'your Congressional lead ers- to o p p o sed g islaiiea which would, if enacted, toyglve tW ied etal governm ent in th^e-developnt f e adm inistration of tb e esse;wtiriter's ^ w p a`ia tk system .--~ ,Bob Oeorgiae. of Buiic-r * i. raeo;. &jdo. Ion A B C G ro u p v* ' S ersrk Associated laide and Contractors I has started a piot employee refemS ce in Tampa, Bonds that is hoped will eip solve the p@ shop manpower liability problem, scorporate! as the Merit Shop Constmseon Employment Agency, It Is faded fej seFloridaGulfCoast Chapter of ABC and se ABC national organization. Flans are i>oiselocal radio nl newspaper advsrtissg to recruit ares craftsmen who are nemployed. ' The applicants will then fee ereened and their references cheeked, tualified workers wil he informed @ff vailable positions, hourly wages and ringes and the workers may then choose 'here they wish to work. a order to use She referral sefriee, antractors will have to pay a fee. Use fee rill he about S2 a year plus an initiation e of $20. Non ABC members will he harged double the regular fee. If a worker s hired through the agency, there will be a additional fee equal to one hour's has >ay a day for days worked up to 2days. 8Is estimated the agency will be able to irocess 100 workers %week. iJC chapters are waiting to see She Jof this program. If it is successful, m rreferral programs will be developed n other areas off the country. R@g@ss Named to Carpenters Executive B oard lohS. "Whitey" Rogers has beets given a sosition on the Carpenters Bserativ loard. He w il be representing the 1st district whose headquarters are m Nw fork- Mr. Rogers was formerly Assistant President Sided and represented.ft Jnion on Ae Impartial Jurisdictional tisputes Board. He has also served for nany years .as the union representative on iWCC's Carpemers.Liaison Committee. 'atrlckJ. Campbell, Ac former 1st District '.epresentative, has beep named to fte osition of second general vice president of re Carpenters Mai. Kibben to F il . Roundtable Vwmaey chard F. Kibbin, former manag of -hor Relations and Safety of Lummus -cstton and Labor Committee Ob NatioaaS Constructors Assoda- aeeeptei fite position of !secBve Director-Constnietlon. foe A Ettsl ess Roundtable. He is filling the vacancy it by the death of Mike Graney earlier ih year. FCC Clarified BtM M g F o l e y The Office of Federal Contract Compliant fOFCQ has issued regulations that are intended to clarify As Department of Labor's policy m state and local govern ments afffarativ action hiring require ments as they apply to federally assisted OTSssttffletfe contrasts. Use objectives off A regulations is to assure that contractors and subcontractors obligations under state laws are consistent with A federal regulations for equal employment opportunity objectives. Those state and local governments As intend 8 impose their own affirmative action hiring pragmas must submit the requirements t the FCC prior to their inclusion a any srotrart tied to federal fads. " The state local -requirements will fee deemed applicable to such sosstEmetioffl eoawaete unless the .FCC Dfeeete decides that the respirweffitg as in, sistent with federal employment laws or inconsistent with the effective Implement ation of the federal minority hiring of teaming plan in A area. After the local plans are submitted, fee OFCC wil submit its determination of foe plan's merits within 6 days. M O W A Y A M B tB laWCC Labor Relations Handbook .<'6Esply<mGuide to Collective Bargaining in the Construction Industry" hj McNeill Stokes, laWCC's general Counsel and Hernaa Fsssel Contact the isWCC Washington office to order your espy Price to members $20 per copy NLRB Cals Off 10(k) Hearing The Nil has credited a disdiaSmer from the Laborers and quashed a Section 10(kL hearing a dispute between fiPy; tea w te ad A@ Lateresm wr ffiP unloading @ff gypsum board from fitwete. The ess revolved over A fees feas the general wteaetoi had as agreement with the laborers which gave ftesss A |fe of unloading Ikons totete when @a< by hand at the Jfe sit al! carpenters material and distribute it to the point of installation. However, A carpentry work was subcon tracted as A board was <fie!ksi by truck equipped with a hydrauSie boom which could deposit the board through windows where the taaird was to fee installed. H i n delivering A board had a coated with A teamsters. The Saterers objected to fife teamsters doing ft work and after many disamioffls and labosess disclaimed A work at Ais particular j@fe sit, however, they gstesaed the right to seek ft work elsewhere. .Alftougfe A majority of A B stated that sineAparties voluntarily agreed to a method of settlement, therefor, these no longer was a jurisdictional disputo. How ever, the two dissenting members of the Board felt an. underlying dispute still existed as to who should perforas f c work in question and Aere remained substantia! probability that Ais s&aJ fe l jurisdictional dispute will arise once agaisaF' Hearing Sefaecliifecl to Fat Unions UnderAntitrust Regulations Senator Steens- T ham ani K-SQ has introduced a bill (S.2237) to bring labor unions mder the a a tto s t laws. The hearings before Ae Antitrust Subcommit tee of the Senate Judiciary Committee are scheduled ffr May 9A and lOft. The biH amends Ae Q&ytoss Act and Ac Sherman Act. Amendments cover activity Aat gs t o t e a visit S. A Taft-Hartley Act. These aefiMties are generally agreements tetweea tom@and employer under which Ae empfoyer apees to refrain-faMi using, seising.- handling, ... transporting or oAerwise dealing in any of Ae praftfefe of-another prde@r. ?%+U*.. h - t e s ^ K e V i , Senator Thunaond statistcthlf* " i**union esa violate A ntitrStlatf With an action that is not pKhlbitett-byHhe-National Labor Relations A ct/' emnaer AisVdl," he stated, " it will tar !SubJmftder^dfrerent types oL. ssgafcDEfVSM&sm A A b respect it w f lp b rtAfft5MWt^frdfe busmess enterprises^ whetf'Jart%hh{ct; to i m skttf of sesteamts.'" ....... Carpenters yarded Insulation r Installation a jurisdictional dispute between the irpenters and Bricklayers over the stallation o f polystrene insulation on the side of masonry walls, the NLRB has rardeid the work to the carpenters due to ca practice and greater efficiency and onomy and continuity of operations. te employer, S t Louis Home Insulation, c. swarded the work to the carpenters ss is their usual practice: The masonry >rk was subcontracted to Martin Korn ick Co., whose employees were reptented by the bricklayers. le masonry contractor was told by the icUayenrthat no masonry workers would ; sen t unless they also got the insulation ntract. The general' contractor, alter iving many discussions with those volved, told St. Louis Home Insulation, c. th at they would have to take the sulation work out of their contract and ve it to the bricklayers. At that tim e a station of Section 8 (b)(4)(d) of the ift-H artley w as filed against th e bricklay e r the contractor. noted the company had assigned the work to the ip e n te n and it was shown to be area acticc to use carpenters for the work. It is shown th e insulation had to be cut with taw to assure proper fit. Furtherm ore.it is shown to be more economical to use rpenters who were already on She ntractor's payroll. Therefore, due to s e factors noted, the Board felt the penters are entitled to the work. tw iw n h iH i Planned on Boom Ednas* Oh and l i h t CmubIUm A Home Select Subcommittee on Commit tee* has unanimously greed on reorganiz ing House Committee which would split the ptesent Education ad Labor Commit tee. The Committee on Labor would have jurisdiction over the following area: [ Labor and employment, generally, 'including labor standards, wages and hows, workmen's compensation and pensions; Employment and economic opportuni ties in d employment practices (includ ing equal employment); 3. Manpower, including work incentive programs; 4. Occupational Safety & Health; 5'The federal civil service generally, including status of officers and employeeso f the U.S. in such service and their compensation, classification and retire ment; 6. The postal services: 7. Mediation and arbitration of labor disputes; 8. Labor statistics; 9. Regulation or prevention of foreign laborers under contract; the entry of goods made by convicts into interstate commerce: 10Non-tax aspects of unemployment compensation. The AFL-CIO is on record against the split up and Chairman Carl Perkins and all subcommitteeChainnn wrote to the Select Committee opposing the split. Members of the present committee would have a choice of which committee they wanted to join and it is being proposed that cadi member be limited to one major com m ittee. ^ ^ roposed' evision of Petroleum 1.5) New regulations covering the idatory petroleum allocation program, tiy proposed by the FEO, would, if pled make few fundamental changes in cy--but they do indude a number of mica! and clarifying changes. policy changes are two: (1) a new location procedure would be establishfor the allocation requirem ents for users and wholesale purchaser-con n s whose allotment levels aren't to an allocation fraction; (2) n '*ry adjustm ent of wholesale pur^ u e period volumes would be ^ ^ u p p lie r s for ases &8 th ^ to re e n the base period and the * 1973. Allocation Program Some of the other changes in th e proposed regulations include-- New definitions of such term s as " Wholesale pruchaser-reseHer.'' " Whole sale -purchaser-consumer," " firm ,'' and " agricultural production." A darificatios of the State set-aside program . Specific lists of categories subject or not subject to an allocation fraction for each product. A procedure for dealing with supplies imported for a consum er's own end-use. C riteria for allocating feedstocks for the production of synthetic natural gas. 5 Ceffiag hnrtaliatlw P f f i i f B tw hW ha Ferae et Carpenters NLRB has ruled th at a jurisdictional dispute between the carpenters and Sheet M etal Workers over the installation of metal pan ceilings shall be resolved in favor of the- carpenters. The subcontractor. Circle T. Corporation, bad a contract with the carpenters and aa it had done in the past, hired carpenters to install the ceiling. The Sheet M etal Workers told the general contractor that it was their work and after it w as awarded to the carpenter the Sheet M etal Workers * picketed Circle T. Company. The subcontractor filed charges w ith the NLRB against the Sheet M etal W orkers. In reviewing the case the Board noted that the carpenters contract w ith Circle T Company indudes the installation of all types of metal ceilings. Also Circle T . Company had no agreem ent w ith the Sheet Meta] Workers. It was brought out that both crafts have performed th e work and the carpenters have an on-the-job training program and classroom training on this particular type of work. The evidence presented was that other contractors have had extraordinary cost overruns on this type of work because of th e deficiencies of the Sheet Metal Workers* perform ance of the work. The Impartial Jurisdictional Disputes Board has made several aw ards of the ceiling work to the Sheet M etal Workers and it was felt that this w as a factor favoring the Sheet Metal W orkers. However, the Board concluded th e consid ering ill factors, the disputed w ork shall be awarded to the Carpenters. Carpenters & E lectricians Sign A greem ent Covering C eilin gs The International Brotherhood o f Electrical Workers and the United Brotherhood of Carpenters and Joiners of Am erica have entered into an agreem ent covering the installation and erection of lum inous and acoustical suspended ceilings. The agreem ent, effective January 29,1974, also includes a memorandum o f under standing covering electrical floor assembly andejtcttycal automated inter-office trans porters^' .. this .. issuel .. of.r ^iftWCCs Labor/Safety N ew slettif^l I f yo^have any questiona conroroing^tuO T C snient, contact the W C ^ p ^ ftffice. are - subv r%w Jersey Users Council Lists Objectives H r 1974 Collective Bargaining Agreements The New Jersey Construction Users Council has contacted all management associations in the State of New Jersey to inform them of their interest in negotia tions being conducted this year. The Users Council has also sent the various manage m ent associations a statement of the Council's policies and a list of objectives representing their position that is recom mended to management teams for use in all 1974jjcgotiations. This report is very comprehensive and should be helpful to all contractors who are preparing for 1974 negotiations. The report is as follows: .Subject: New Jersey Construction Users ' .Council Position on 1974 Negotiations ToV Negotiating Contractor Associations 1. Term of Agreem ent-To be developed the associations collectively. ^ Common expiration date - April 30, P i to be a common expiration date for all agreem ents, and teems of agreements to be coordinated to achieve this goal. 3 . Common holidays for all crafts based on federally established date--New Year's Day, W ashington's Birthday, Memorial Day, July 4th, Labor Day. Presidential Election only. Veteran's Day, Thanksgiv ing Day, Christm as Day. 4 . Provide a shift clause, common for all crafts: either a percentage for differential or 8 for 8, 8 for 7 1/2, and 8 for 7 for any shift schedule required beyond five days duration. Overtime rates for shift work are unacceptable. 5 . All crafts shall work an 8 hour d ay ... 6. Provide flexible starting time for the 8 hour work day and make uniform for all crafts on each project. For example, a shift should start plus or minus one to two hours to take advantage of the daylight hours. 7. Reduce overtim e wages to one and one-half straight time rates Monday through Saturdays, instead of double tim e. 8. Provide that the contractors have the right to hire manpower from any source if regular hiring hall cannot supply manpow er within forty-eight hours. 9. Provide that the contractor has omplete control over determining the ^ ^ b e r and skill level of manpower on all operations, including number of foremen and supervisors required, crew sizes where safety b not a factor, equipm ent operation, and ratio o f appren tices. trainees and journeymen required for every operation. 10. Limit pay for show-up time to two hours. 11. Acknowledge that ifthe contractor is to recognize the geographical area as the jurisdiction of th e union, th e union has the responsibility to man jobs within its jurisdiction without travel pay. 12. Work rules from the June 1, 1973 Agreement between the NCA and Building and Construction Trades Department to be incorporated in all craft contracts, i.c.. Work Rules A through K of Article 0 . ARTICLE B WORK RULES ' A . The selection of craft foremen and general foremen shall be entirety the responsibility of the employer, ft being understood that in the selection of such foremen the employer will give prim ary consideration to the qualified men available in the local area. After giving such consideration the employer may select such men from other areas. Foremen and general foremen shall take orders from individuals designated by the employer. B. There shall be no limiton production by workmen nor restrictions on th e foil use of tools or equipment. Craftsmen using tools shall perform any o f the work of the trade and shall work under the supervision of the craft foremen. There shall be no restrictions on efficient use of manpower other than as may be required by safety regulations, provided, however, legitimate manning practices th at are a part of national or local agreements shall be followed. C. Security procedures for control of tools, equipment and m aterials are solely the responsibility of the employ er. . D; Workmen shall be at their place of work at the starting time and shall rem ain at their place of work perform ing their assigned functions under the supervision of the employer until the quitting tim e. The parties reaffirm their policy of a fu r day's work for a fair day's wage. E . Practices not a pan of term s and conditions o f collective bargaining agreem ents will not be recognized. F . Slowdowns, standby crews and feath erbedding practices will not be toler ated. G. A steward shall be a qualified workman performing work of his craft and shall exercise no supervisory functions. There shall be no non-work ing stewards. H . There shall be no' illegal strikes, work stoppages or lockouts. L When a local union does not furnish qualified workmen within forty-eight (48) hours (Saturday, Sundays and holidays excluded), the contractor shall be free to obtain workm en-from a n j* source. J . It is agreed that overtime i ^ undesirable and not in the best interests of the industry or the craftsm en. Therefore, except in unwsaal circum stances, overtime will not be worked. W here unusual circumstances dem and overtime, such will be kept at a minimum. K . If the contractor so elects, he may work shift work at a rate negotiated in th e applicable agreements. If the agreem ents do not contain rates per taining to shift work, the parties shall negotiate such shift rates a t the pre-job conference. The Employer shall determ ine the crafts and num ber of men to be assigned to each o f th e shifts established. 13. Binding Arbitration Hanses shall be incorporated in all contracts. 14. Contractor shall have option oi utilizing a " make up" day a t straight time rates to provide workman w ith a normal 40-hour week ofwork if such work will be oi benefit to the project. 1$. All contracts should provide s reduced wage rate schedule for m ainte nance work. 16. Restrictive Work Practices .T here shall be no language in any contract which would prevent a contactor from cxercisrft any- o f the following m anagem ent righfw (a) Crews used for unloading, rigging, and setting of equipment shall be as determ ined by contractor. (b) Contractor may install any prefabri cated components regardless of type, size and source. (c) Contractor to determ ine.need for type and num ber of craftsm en to handle such terns as temporary fights, tem po rary heat, welding machines. (d) Contractor shall utilize any safe tools or equipment which will perm it more efficient operation. 17. Union local shall furnish to th contractor association a tabulation listin the number of active voting joutneym e and apprentices who are card carryin members and perm it fodders as of July I each year. 18. Clauses requiring that contrai term s be extended to subcontractors sha : eliminated from agreem ents. W ."!Jurisdictional Disputes: A procedure shall be adopted for settle ^ iq e n t of.jurisdictional disputes betwee utyons (that a contractor is a party to) thi s.jftphjbits work stoppages, establish -..^p o p ificstep s to be taken, and conclude - -a* - that is legally b in d in g ^ 20. M anagement C ause: ie employer retains full and exclusive ithority for the management of Ids rations. Except as expressly limited by sr provisions of this agreement, the P \ yer shall have the right to plan, H - and control the operation of all his m and his working forces, st bis sole erogative, including hiring, selection of rem en, assignm ent of employees to their bs, promotion, demotion, transfer, sus- tnsion or discharge of employees for oper cause, lay-off of employees because ' lack of work or for other legitimate asons. No rales, customs or practices tall be perm itted or observed which limit ' restrict production or limit or restrict the sot or individual working efforts f nployees. The employer may utilize any ethod or techniques of construction and ere shall be no limitations or restrictions gardless of source or location of the use ` machinery, pre-cast, pre-fabricated or assem bled m aterials, toots or other bor saving devices, nor shall there be any rotations upon choice of m aterials or :sign. The employer shall decide nount of equipm ent to be used and the amber of men needed. 21. Grievances and Arbitration: return 1. In the interest of uninterrupted regress on any and all work covered by is agreem ent, the parties hereby agree at there shall be no lockout on the part of my employer and there shall be no strikes, ric stoppages,, picketing or slow-downs ^ed in by the Union. All questions or "kces involving the interpretation and ipjM atton of this Agreement, other than n d e Jurisdictional disputes arising under Article---------shall be handled under the following procedures: Step 1 Between the company supervi sor and the steward at the job site as soon as practicable but in no event later than three (3) working days after the occurrence of the dispute. Failure to raise any dispute within three (3) working days of its occurrence, renders .dispute m il.and void.Step D If not resolved pursuant to Step 1. then between the business represent ative and Com pany Officer at the,job -site. This m eeting should be arranged as soon as practical but in no event later than three (3) working days after the conclusion of Step. 1. Step 01 If the parties are unable to affect an amicable settlem ent or adjust ment of any grievance or controversy, such grievance or controversy shall be subm itted to binding arbitration under the rules of the American Arbitration Association at the request of either party provided notice in writing of the intent to do so is given through the '>''CeTr pwarty and the American Arbitra` Esoriation within five (5) working . 4 1 iter Step U has been completed, A m roitrator sh ill be selected pursuant to the rules of the American Arbitration Association who shall hear the and his decision will fee anll a s i binding on the contract to th e Union and all employees. Each grievance will fee arbitrated separately except those of a similar nature pursuant to mutual agreem ent. The Arbitrator shall render his decision in writing on the grievance and solely on the meaning and interpretation of the particu lar provision of the contract which gave rise to the dispute. The Arbitrator shall have no power to add to, subtract from, or modify this Agree m ent. The parties affected shall be afforded a full opportunity to present any evidence, written or oral, which may be pertinent to the m atter in dispute. Except by mutual agreem ent, all timeli ness provisions m ust be complied with and failure to comply by either party will result in default by th at party of its position. 22. Non-Discrimination: The Union and the Employer agree to abide by all Executive Orders and subsequent amendments thereto, regard ing the Civil Sight Act of 1963, pertaining to non-discrimination in employment, in every respect. Whenever an im posed minority hiring plan or a voluntary minority hiring plan shall provide for the employment of trainees, they shall be employed subject to the terms and conditions of this Agreement to the extent that such minority hiring plan shall require. Law J u d g e R oles Steward M andatory Subject o f Bargaining An NLRB Law Juge has ruled that the right of a union to appoint am out of work member as job stew ard may be bargained under the Taft-Hartlcy Act, a t least as long as there is a union security provision in force. A problem arose when the Painters #798 demanded during negotiations with the M aster Painters Association of Nassau Sc Suffolk Counties that a clause in the contract be changed to read. " Stewards to be appointed on all jobs from the union office from the unemployed.** Under the old agreem ent, the union had the right only to designate the job steward from those employed m tte job. The contractor objected to forced employ ment ofa worker selected by the union and the union stated `they felt the clause necessary to police the contract and that regular employees of contractors were more interested in regular employment than in policing the contract term s. The NLRB General Counsel complained th e Painters violated Section 8(bMIXA) of th e Tail-Hartley Act by striking to secure an agreem ent from contractors th at the desiga&te any- qusliffei 7 journeyman as a steward. Furtherm ore, he argued that it forces the contractor to prefer union members over non-union members in hiring. However, the Law Juge states, " if the union security clause of the contract is being enforced as required after 8 days of employment the alleged discrimination is much more theoretical than real." He further stated the right of muon to police collective bargaining agreem ents is an essential feature of the right to secure such agreements. " Without the right t police the agreement, collective bargaining itself becomes nothing but a . hollow act. Appointed duties, responsibility and ten ure of stewards on the job b vital to policing aael are mandatory subjects for collective bargaining,'*be am tinued, " and the union could therefore bargain to impasse and strike to achieve `satisfactory term s' them.8* (Painters #798 and M aster Painters Association of Nassau St Suffolk Counties, . February-14, 1974.)^ Prehire Contract R uled Illegal The N U B has ruled that & pre-cast concrete plant whose employees build forms to be taken to the job site and erected b not an " employer engaged primarily in the building and construction industry** as limited in Section 3 of the Taft-Hartley Act. Forest City/Dillon-Tecon Pacific approach ed Local 530 of the Carpenters union about entering into a contract. The Laborers union had requested the company consider them for the work in the plant also. However, when the first six employees cam to work the Carpenters secured authoriza tion cards from them. At th is tim e the parties entered into a recognition agree m ent. Eventually sixty people were hired and five classes of employees were cstablbhed. However, only 2 classes were represented at the time of recognition. Therefore, a representative contingentof employees did not exist at the tim e of recognition. The company's defense was that they were engaged in building and construction Industry where prehire agreem ents are allowed. It was explained th at the company was in the planning and building of structures all over the United States, either as a general contractor o r in a joint venture. Structures are designed to use precast concrete and employees built forms to pour concrete to make component parts. The forinsbre transported to th e job and it b assembled. There b no-interchange of employees -between the plant and the construction 'she. The B oard-stated'that in A broad sense the pre-cast plant could be considered a part of t h e 'butidiriy.-TwwFi dfiiitriictioii industry-, how ever,' coum have stated th at the Congress did not intend to include in the (Continued on page 9) iaW C C 's JURISDICTIONAL REPORT No. 4 ase* noted below are in order of the they were heard before the Impartial ites Board. H ie Unions are listed the union disputing the work first and nion to which the contractor made the nroent second. M eeting January 31, 1974 stos W orkers/Carpenters dispute was over the application of iced insulation held in place with lips and adhesive and sealing s i i and punctures with aluminum foil r barrier, tape or other vapor barrier rials to walls of masonry shafts used onvey air in connection with the lanical heating and air conditioning m at the State University of Hew York th Science Center project. Buffalo, York (The M ader Corporation, ontractor). The Board found that the atioh in dispute is primarily for nal insulation of exterior walls and there is no basis to change the f )s assignm ent which was to the case was heard by the Appeals Board latch 5, 1974 and th e Appeals Board irnieci the above decision. !t M etal W orkers/Carpenters dispute involved th e handling and tiling of a Planar m etal ceiling, (ding hangers and carriers at Ufa secticut Light and Power Company x t. Hampton. Connecticut. The Board I the work in dispute shall b e assigned e sheet m etal workers on th e basis of t practice. - ....................................... 4 M etal W orkers/Carpenters dispute was over the installation of dlock m etal ceiling system , including era, grid system and wail molding at New Orleans International Airport ct. K enner. Louisiana. The Board 1that the work shall b e assigned to the t m etal workers on the basis of trade ice. s/Electrical W orkers j concerned the installation of Ipiaster light fram es, attached 4"^"cchhaannanel furring in a suspended g, to receive gypsum board and a sr finish at the McLean County Nursing Home project. Normal, Illinois. The Board ruled that the work in dispute shall be assigned to the lather on the basis of trade practice. 32nd Meeting - Fefeosy 7, 1974 Sheet Metal W orkers/Electrical W orkers This dispute concerned the handling and installation of aluminum louvers (egg crate) ceiling system including hangers, grid system and wall moulding at the Waterbury Courthouse project. Water* bury, Connecticut. The Board found th at the work constitutes the finished ceiling and the handling and installation thereof, including hanger rods, grid system an d wall moulding and shall be assigned to the Sheet Metal Worker*. In other respects there is no basis to changes the contractors assignm ent which was to the Efesiaidoso. . 33rd Meeting - February 21, 1974 Lathers/Carpenters This dispute concerned the installation of exterior metal floor and ceiling track and metal studs at the Bayshore Diplomat project. Tampa. - Florida. (Cagle. Inc. subcontractor). The Board found the work Involved the installation of metal floor and ceiling track and metal studs .on exterior ' walls to which are applied paperback lath and other lathing accessories to receive * stucco cement plaster finish and ruled th at this work is governed by the decision o f record of July 25, 1919 and shah b e assigned to the Lathers. In all other respects there is n o basis to change the contractors assignment. 34th Meeting - February 28, 1974 The dispute was over the handling and installation of Alcan aluminum tiling system at the Miami International Airport project, Miami. Florida. The Board voted that die dispute s&al be assigned to the Sheet Metal Workers on the basis o f trade practice. ---- Sheet Metal W orkers/Carpenters The dispute concerned the handling and installation of Fuller air slides a t the Kosmosdale Cement Plant project, Kos* mosdal.e Kentucky. The Board voted th at the handling end installation o f a lt slides shall be assigned to the Sheet M etal Workers on the basis of trade practice. 8 However, in other respects basis to change the contractors assignm ent which was to the Carpenter. Sheet Metal W orkers/Iron W orkersCarpenters This dispute was over the handling and installation of air slides a t th e Kaiser Aluminum and Chemical Corporation Mead Air Control System project. M ead, Washington. The Board ruled th at the handling and installation of a ir slides shall be assigned to the Sheet M etal W orkers on the basis of trade practice. In other respects, there is no basis to change the e o a e s assignment. 35th Meeting - March 7, 1974 Plasteiers/Painters This dispute concerned the plastering of inside walls at the Park Place Garden Apartments project, Lafayette, Louisiana. The Board voted to defer its decision on this dispute pending final action pursuant to the December 4,1973 actum o f th e Joint Administrative Committee which re ferral the repetitive dispute over pointing ijC * taping of drywatt to the Internationa^ Unions involved. This action w as taken by the Board because of the dose relationship of the plastering of inside wails "to the pointing and taping involved on both walls and ceilings of this project. Laboxers/Carpenteis The dispute was over unloading, handling and distributing of m aterials a t -th e Bulketey High School project, H artford, Connecticut. The Board voted to reaffirm its decision of January 17th, 1974 th tr th e unloading, handling and distribution of boxed acoustical, tile or stockpiles in the ' approximate area of installation on various floors as designated by the contractor shall be assigned to the Laborers. The handling from stockpile or stockpiles to point of installation shall be assigned to the Csspeatesrs. * ?-'* 36th Meeting . M aids 14, 1974 . -s;.- toticreu. Sheet Metal w orkers/C arpenters . issem biea. . *>- This dispute concerned the installation of Soundlddrthetal ceiling system , including hangers, grid'system and wall moulding at the Xere* 1<13dtication C enter p to jw tx Lcesburg,tiVti$8iiti(rtfft-M urphy & C ) pany, liic'.=;:jtut>OBnictor). T he Boani voted that toe WMkndialfbercssigned to the beet M etal W orters on the b asa of trade ractice. it Metal W orkers/Carpenters dispute was over the handling and istallation of porcelain enamel metal iscia panels, including copbg and flasbig. Bentworth Area School project. Ilsworth. Pennsylvania. The Board ruled te handling and installation of procelain namei metal fascia panels, including )ping and flashing shall be assigned to ie Sheet M etal Worker*. ' In other spects there is no basis to change the m tractors assignment. fth M eeting - March 21, 1974 lasterers/Painters he Board reviewed a communication from resident Joe Power regarding the action iken at the March 7th meeting on the ispute over the plastering of inside walls I Park Place Garden apartments, in ayfayette, Louisiana. The Board voted to affirm its derision of March 7th and the tatter is deferred pending final action of ie Joint Administrative Committee. a b o rers/L a there 8 pute concerned unloading, handrywall m aterials, insulation, metal id placing o f these materials on the Illinois National Bank Building >b. Springfield. Illinois. The Board stated fie unloading and handling of drywall materials, insulation, metal studs to tockpile or stockpiles on various floors as lesignated by the contractor shall be ssigned to the Laborers. Handling from tockpile or stockpiles to point of installs- ion shall be assigned to Lather*. 8th M eeting - March 28, 1974 aborera/C arpenters Iris dispute was over unloading and tockpiling of packaged acoustical metal rid material at No. 1 Financial Plaza job, [artford, Connecticut. The Board was dvised by both parties that a meeting of ie Carpenter-Laborers Jurisdictional om m ittee was scheduled for April 4.1974 nd that disputes over the unloading, andling and distribution of materials ould be among the item s to be discussed t that meeting. Therefore, the Board Med to defer a decision in this dispute nti) their meeting of April 18th pending ~ipt of notice on or before that date from I^ a n u tin g parties regarding efforts of committee $@sett! such pros irm ly and of the undemanding ched. if any, for the direct adjustment of * instant dispute. L ab o rers/C arp en ten This dispute concerned the unloading to storage area of drywall material at the St. Joseph's Hospital project. Lowell. Mass achusetts. The Board voted to defer its decision until the meeting of April 28th. Sheet Metal W orkers/Carpenters This dispute was over handling and installation of 22 gauge metal ceiling system . Central Food Kitchen and General Storage Facility project. Pittsburgh, Penn sylvania. The Board voted the work involves the installation of a walk-in cold room and voted that there is no basis to change the contractors assignment which was to the Carpenters. Sheet Metal Workers/Carpenters The dispute concerned handling and installation of dustubes and necessary hanging devices at the Union Carbide Corporation project.A shtabula. Ohio. The Board ruled she work shall be assigned to the Sheet Metal Workers on the basis of trade practice. B rickiayers/C aipenters This dispute was over installation of rigid styrofoam insulation to masonry walls with mastic at St. Luke's Hospital project, St. Louis. Missouri. The Board stated the work is governed by an agreement of April 1, 193! and shall be assigned to Bricklayer*. Lathers/Carpenters The dispute was over anstsflatlon of exterior metal floor and ceiling track and metal studs to which is to be applied sheathing, building paper, self-furring lath, and a stucco cement plaster finish at the Raddison Inn Plymouth project. M inneapolis, Minnesota (Stern Drywall Inc. and W alter C. Johnson subcontrac tors). The Board ruled that the work in dispute is governed by the decision of record of July 25. 1919 and shall be assigned to the Lather*. 39th M eeting - April 4,1974 . Electrical W orkers/Carpenters This dispute concerned installation of sleeves at High Point Apartment project, H artsdale. New York. The Board voted that there is no basis to change the contractor's assignment which was to the Carpenter*. Sheet M etal W orkers/Carpenters The dispute was over handling and installation of .032 aluminum w eatherseal m etal roofdeck and fhsda, Giddings Office A Board voted that the handling and installing .032 aluminum w eatherseal metal roofdeck is governed by the decision of record of August 21. 1948 and shall be assigned to Sheet M etal W orkers on the basis of trade practice. P a in te rs/C arpenters The dispute concerned the application of wall coverings. Ponderosa System s. Inc. project. Vandalia, Ohio. The Board ruled there is no basis to change the contractor's assignment which was to the C arpenters. 40th Meeting ..A pril 11, 1974 Lathers/Carpenters A rehearing was held an the dispute concerning the installation of exterior metal flow and ceiling track and m etal studs at the Bayshore Diplomat project. Tampa. Florida. The Board voted to reaffirm its decision of February 21. 1974 which awarded the work to the Lathers. Lathers/Electrical Workers This dispute was over the instaJlstion of plaster light frames in a suspended lath and plaster ceiling, Lourdes Hospital project. Binghamton. New York. The Board voted that the work in dispute shall be assigned to the Lathers on the basis of trade practice. ^ Paalm to a Subcmatnctoc My Sub is my salvation; he doeth my work He agreeth to the term s at my subcontract; He alloweth me to shop his prices; He extended! me credit; He hoideth me harmless for my own neglect; Yea. though 1 divert the paym ent th at is due him. 1 will fear no reprisal for my Sub wilt never say "N o" to me. My jibes and inequities do not phase thee. Thou signeth a release of lien when I request it; Thou accepteth compromises that make my cup raraeth over. Surely my Sub wilt carry me all th e days of 6y life and ! shall depend on his gullibility forever. (Continued from page 7) exemptions those employers who manu facture and1ktfsttnbto-pinducts which are subsequently installed by others at th e conStiuctidft'SitK^- ...... ThereforST^UHX^gh the company m ight be in the bui1dftTg'5hdrcansmiction industry, the cm ployccs^tfjc Bro-caat plant are not In -d ie IrfiUSify' 'iEfd Section 8 is not applicable;" c<fn<iacontrct entered into vidated th^'1^ fi^ } s i( )^ irt and recogni tion must be withdrawn and the collective bargaining contract abrogated. II. SAFETY NEW S-O SHA UPDATE M eany Criticizes Adm inistration for W eakening OSHA George M eany. in a speech before the AFL-CIO Building Construction Trades D epartm ent Legislative Conference held W ashington the first week of April stated that unions m ust " hold the line'' against Adm inistration attem pts to weaken the OSHAAjct. He w ent on.to state the Administration has m anaged to distort the policies of the Act. to starve its budgets, water down enforcem ent and spend its time and money principally in devising ways of dismantling " federal control by giving jt to the states." OSHA needs more funds for manpower, standards development and statistical trvices, he said, and "w e want twice as y inspectors and industrial hygienists | we have now, plus drastic cuts in ey earm arked for the ineffectual state p la n s ." M r. M eany ended his speech by accusing OSHA of abdicating federal responsibility by "giving it back to the states and this is making second-class citizens in every state where these plans, federally approved plans, are in operation.*' H ouse Opens H earings on Job Safety Act The House Select Subcommittee on Labor has begun "oversight" bearings on the 1970 OSHA Act. The comments a the Act. mostly from Congressmen so for have ranged from endorsement of proposed am endm ents to the entire repeal off the Act. The Chairm an, Congressman Dominick V. Daniels (D-NJ) has stated the hearings are to continue throughout the Congressional year on a monthly basis. The issues to be discussed include standard setting proce- 'to s, publicity given to workers' rights, jU tL on issuing safety and health ^ H r d s , staffing and budgetary problem M m e National Institute for Occupational Safety and H ealth, availability of infonnafioo on OSHA compliance for businesses and state plans. Of the recommendations given, the amendment by Congressman Steiger to provide for consultative inspections of small businesses covered by the Act was supported by several Congressmen. It was suggested that consideration be given to having different standards for small businesses. Five bills have been introduced to repeal the Act and the reasons given for such action include its alleged lade of constitu tionality, its deleterious effect on the industry-particularly small buriness-its ineffectiveness and its further enforcement of the federal bureaucracy. Other concrete measures suggested to improve the Law were on rite consultative inspectors, consideration of employee non-compliance; systetuized methods for determining what business should he inspected, to stop the "nit-picking" of federal inspectors, and adoption of proce dures which would preventthe Department of Labor from appealing a case lost on the facts unless the hearing judge certifies it for appeal. Dry-W all Spackling . Contains A sbestos Hazard OSHA has been alerted that many spackling and taping compounds used by home builders to cover seams in drywail joints contain asbestos fibers beyond OSHA asbestos health standard limits. Employees sanding these spackling and taping joints smooth before printing may expose them selves from 3 to 13.7 asbestos fibers per cubic centimeter o f air. The health standard lim its employees exposure to 5 fibers per cubic centimeter. After examining 17 members of Painters Local 1974, of New York, Dr. Irving Setikoff of the M t. Sinri School of Medicine found the lungs of 9 of the men examined showed positive x-ray evidence of fibtoris. (Fibrosis is a condition marked by a relative increase of fibers in any internal organ.) ' Although Dr. Selikoff believes such new data cannot be conclusive, he stated a serious health hazard may exist among home builders. All OSHA staff has been notified off the new source of asbestos exposure. AU those In die construction industry have been asked to alert employ ees and employers of the potential hasard of the need to comply with OSHA's & N oise Standard K N ot for C onstruction The Construction Safety Advisory Commit tee has advised the OSHA Administration Committee on Noise that the standard on noise cannot be complied with by the construction industry. Dr. Floyd Van Alta, technical advisor of the OSHA Office of Standards requested this approval for OSHA to incorporate specifi cations for noise in the appropriate construction standards. He stated that OSHA is aware that compliance with noise standards would be "troublesom e" consid ering the temporary working conditions and hiring practices of the construction. However, he added, this protection must be provided to the workers and noise measurement will have to be m ade for each worker ifthe present recommendations ate fully adopted. It was brought out that medical monitoring and annual audiometric testing provisions of the standard would be difficult since an employee may work for several employers within a year. Therefore, due to the problem facing t b ^ industry, a special subcommittee has be< j formed to study noise proposals and make recommendations to OSHA for construc tion operations. OSHA R eview R aises Penalty for Ladder V iolation A $200 penalty was proposed For a ladder safety violation even though no penalty was proposed by the Labor D epartm ent. :?.e The OSHA Review Commission ruled th at the law Judge correctly found a violation of the standard but erred in assessing no penalty. The safety standard, 1926.450(a)(1) re quires that unless stairw ays, ram ps or runways are provided, ladders shall be used to give side access to all elevations. The $200 was said to be appropriate Jxcauseof the gravity of the violation. The employees were required to hoist them selves-from a scaffolding to a girder to wprk ;th a | was 40 feet up in the air. - A h h o u i^ e l9tcl%)0<iof an accident was not grej^sjLnce th e' em ployees were required toJfom t. themselves only 4 ferf } JS ^evw T yjM accident did occur n J ,,ptm ^ ^ty q^ :fypuM .probably be severe, rrtutt t waste - * \ OSHA Offers ew Training Packages ''SH A Administration h u announced 'ability of two job safety and health packages. One is designed to help Iroyers evaluate th eir own operations construction projects and the other is cd a t reducing the num ber of injuries n cave-ins. ails of each training package ate as ows: AGuide to Voluntary Compliance. This gram costs $55 and contains a student Dual, instructor's guide, a set of 174 it slides. It provides guidelines for eloping system atic self inspection cedures to help contractors correct rkplace deficiencies. Safety and Health in Excavation and etching Operations. This program is a trial em phasis instructions! program ted a t reducing the num ber of injuries ited to such dangerous work on the istructioBt site. Its price is $21 snd hides an instructional manual, a re tire supplem ent and a set of 129 slides. ese training packages are available nugh th e National Audiovisual Center, nerai Services Adm inistration, Washvm. D.C. 20409. J^hroposed $31,744 Penalty Vacated company, was. Hke the lin t, brought after alleged failure to shore a trench property led to a fatal accident, in both cases, the company was convicted on at least one charge, but charges against executives were either dismissed or resulted in acquittals. In each case, a fine of $5,300 was levied against the convicted firm. Safety Standard for Job-Made Ladders Issued Safety requirem ents for job-made ladders on construction and demolition sites are specified by a new standard ju st published by ANSI. Job-made ladders are those built on a construction or demolition she to provide access to work area. They are not used as work stations. The purpose of the standard is to minimise injuries to workers. It is intended for voluntary adoption by contractors or as t guide to state and local regulatory bodies. The standard prescribes minimum require ments for construction, design, installa tion, and use of wood ladders constructed on the job. It includes requirem ents for m aterials, clearances, inspection, mainte nance, and safe use. It does not apply to portable manufactured ladders, to fixed ladders, or to ladders on mobile equip m ent. ie OSHA Review Commission has finned a judge's decision vacating a oposed penalty of S31.744 for iaflure to >ate an elevator shaft guarding violation r a period of 63 days. te Bean Construction Company had been ted by an OSHA compliance inspector for i improperly guarded shaft elevator in a tilding being constructed. A reinspection as m ade 63 days later and the elevator iaft was again foohd unguarded. A malty o f5750 per day for 42 working days as proposed. The standard was initiated by the American M utual Insurance Alliance and the American Ladder Institute. They held the secretariat. It was developed by Subcommittee A14-4 on Job-M ade Ladders of American National Standards Commit tee A14 on Construction, Care^ and Use of Ladders, under the chairmanship of Roger L, Tuomi. Forest Products Laboratory, U.S. Department of Agriculture. ANSI A14.4-1973. Safety Requirements for Job-Made Ladders, is available bom ANSI at $4.50 a copy. tie em ployer contested* the citation and m alties. At, a hearing the contractor mvided testim ony th at the elevator shaft as guarded between the abatement ariod and the second inspection, iierefore. the Review Commission vacatI the entire abatem ent penalty and ljusted the total penalty to $620. Second OSHAct ^rim inal Conviction .^ M a c h Like First lose on tiie heels of th e first criminal ovicthm under OSHAct came a second, id th e two cases have much in common, ie latest case, involving a Denver OSHA Tip: Put Safety Roles In Writing OSHA now exempts employers from responsibility in cases where an employee violates company policy and exposes him self and others to injury. Aocording to the OSHA Compliance M anual, th is . exemption is made only when (1) the accident or hazard is caused by employee action; (2) it is isolated and of short duration: (3) participation in th e action is msde without the supervisor's action, and (4) the action is against company rules and procedures. The only sure way to prove th at an action violates the roles is to pot them in w riting-sad see that every employee receives a copy. Doing it now may save you.headaches, embarrassment and money in the future. Safety Can be Arbitrated, Supreme Court Rules The U.S. Supreme Court has ruled that where a collective ,bargaining agreement between a coal company and the UMWA required compulsory arbitration for "any local trouble of any kind arising at the mine," a strike was not permissible over a mine safety dispute snd arbitration was required by the contract. The court said safety issues were not b a class by themselves so far as arbitration is concerned, and It said, " the presumption of ariritrabi!Hy...appKes to safety dis putes." OSHA Inspection Procedure. Qt How does the OSHA Compliance Officer actually conduct aa inspection? Ai There ate three principal parts to every compliance inspection-tbe opening confer ence, the walk-around, and the dosing conference. During the opening confer ence. the inspector tells the employer why he has come (routine, or to m vestigate a complaint or accident), what he will do, what be will look for, and what he wants to see. He explains the employer's rights and responsibilities, provides copies of applic able standards and appropriate publica tions, and he asks the employer to select his representative and to determ ine who the em ployee-representative will be to accompany him on die walk-around. During the walk-around inspection, the compliance officer will observe all condi tions in th e work placet pointing out apparent violations as he proceeds. He may take measurements or instrum ent readings, and he will probably make notes. He wifi also check to assure that the OSHA poster is prominently displayed and that the OSHA Form 102 Is posted (if he inspects during February). W herever possible, he will ask that corrections be made on the spot. After the Inspection, the compliance officer will discuss ..with the employer aoy^riolations he has discovered, lmumftom the employer his time estim ates forA lm tingvblatbas, and ask for any other records, je p o rts, documents, or other A s n i l m f ti L 'tf * * 't o w * Attemptingto comply with the f o m s * -Ur-OCiiSV. -iowexer. i.- *s .cosrsc-ucn*--