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Government Relations
for August 2011
Legislative Committee
May 9 to 11, 2011- Washington, D.C.
Representatives of the Legislative Committee from SMACNA Boston Inc. and New England MCA / MSCA attended the 2011 Legislative Issues Conference on Capitol Hill. SMACNA, MCA and other national associations sponsor the annual conference in Washington DC. Our delegation was joined by members and staff from New England MCA / MSCA. The delegation held meetings on the issues with the staff of Sen. Kerry and Sen. Brown. They also attended meetings with U.S. Reps. Keating, Lynch and McGovern. The group was instrumental in gaining the support of U.S. Rep. Stephen F. Lynch in our efforts to redraft the FASB disclosure proposal. Congratulations to the committee for a job well done!
From Left to Right: New England MCA/MSCA Vice President, Stephen Affanato; SMACNA Member Ryan Barrett, E.L Barrett Company; SMACNA Member John Desmond, Cox Engineering; U.S. Rep. Stephen F. Lynch; SMACNA Legislative Director Thomas Gunning III; SMACNA Member Edward Barrett, E.L Barrett Company; and New England MSCA President, John Canavan, Cox Engineering.
From Left to Right: SMACNA Member Edward Barrett, E.L Barrett Company; U.S. Rep. William Keating; and SMACNA Member Ryan Barrett, E.L Barrett Company.
Representatives of SMACNA Boston Inc, Edward and Ryan Barrett were two key additions to the 2011 Legislative Committee. Their knowledge and expertise in the HVAC industry proved to be a valuable asset to the committee. Edward Barrett is the Chairman of SMACNA Boston's Testing and Air Balancing Committee and the owner of E.L. Barrett Company and his son Ryan is the Co-Chairman of the Quincy Center District of the Quincy Chamber of Commerce and a Project Manager for the E.L. Barrett Company. We would like to thank them for their time and effort in joining our legislative committee and we wish them continued success in the years to come.
Mass AG Ruling Stops Sub-subcontracting
Attorney General Martha Coakley issued a decision stating that DCAM's practice of requiring trade contractors to sub out work to minority or women owned business is in violation of the MA bidding statutes. This decision supports the rule that subcontractors must self-perform their work not covered under Paragraph E.
Bank of America Launches Energy Program for Retrofits
Bank of America has launched a competitive loan program to fund energy retrofits and to develop new strategies to encourage retrofits in financially underserved communities. The program will provide low-cost loans and grants to Community Development Financial Institutions (CDFI) specializing in such retrofits. Bank of America says it will select up to 12 CDFIs across the country. The low cost, long term loans to CDFIs are intended to finance the upfront investment costs for building owners to make improvements. The energy-cost savings realized over time will create cash flow to repay the loan.
Through the program, Bank of America will distribute $50 million in low-interest loans as well as $5 million in grants to help community lenders administer local low-interest loan programs‹which will include tracking of actual energy and water use and utility costs, both before and after retrofits. The CEO of the U.S. Green Building Council believes that the program would be more effective, due to the fact that Bank of America is not only launching this program but also gathering data and reporting on the conclusions. Bank of America's aim is to reduce carbon emissions.
GI Bill Apprenticeship and OJT
Starting October 1, 2011, eligible veterans will be able to use their Post-9/11 GI Bill benefits to receive assistance under the Apprenticeship and On-The-Job-Training Program. If you are a veteran or currently in the guard or reserve, the On-The-Job Training (OJT) Program offers you an alternative way to use your VA (GI Bill) towards education and training benefits.
When an eligible participant is trained for a new job, they can receive monthly training benefits from the Department of Veterans Affairs (VA) in addition to their regular salary. VA will pay OJT benefits on a scale depending on the amount of time the participant is enrolled in OJT. To qualify, your job must meet the following criteria:
- You must be supervised at least 50 percent of the time.
- Job training must lead to an entry-level position. (Management training programs do not qualify.)
- You must be a full-time paid employee - not on commission.
- Your training must be documented and reported.
- You cannot have previous job experience in that field.
- You must be recently hired (within one to two years).
- The job must require at least six months training to become fully trained.
- The employer may be private, local or state government.
If you are a veteran or currently in the guard or reserve, you've qualified for the GI Bill and you have started a new job or apprenticeship program, you should apply for this little known GI Bill benefit. In some cases, the VA will even pay retroactively for OJT from the past 12 months.
Congratulations to the Sheet Metal Workers Local 17 JATC!
The BTEA and its staff would like to extend their gratitude and congratulate the Sheet Metal Workers Local Union 17 Joint Apprenticeship and Training Center instructor, Dan Hardy for a job well done. Across the country, three members of the Sheet Metal Worker's International Association and one Joint Apprentice Training Center (JATC) were chosen to receive Safety Matters awards from the Sheet Metal Occupational Health Institute Trust (SMOHIT). Local 17 JATC Training Center is being honored by SMOHIT in recognizing their instructor Dan Hardy's hard work and dedication for single handily training over 400 members in CPR/FIRST AID so that they could have a safer workplace and home environment.
SMACNA Board Ratifies SFUA Revisions
At its July 18 meeting, the SMACNA Board of Directors unanimously ratified a package of changes to the Standard Form of Union Agreement (SFUA) recommended by SMACNA's Labor Committee. The SMACNA approved changes included the addition of recognition language to convert pre-hire agreements to full section 9(a) agreements, language which provides that the local and national industry fund contributions will be the rate established by trustees, drug testing language that includes random testing and a requirement that SMWIA members attend OSHA 10 and 30 training and any mandatory refresher courses on their own time. Attached is a detailed analysis of the package of changes.
SMACNA President Jim Boone, a long-time member of the Labor Committee who actively participated in the SFUA negotiations with the SMWIA told the Board members that he fully believes that the package of recommended changes was in the very best interest of SMACNA membership and the industry as a whole. The SFUA changes will be final providing the SMWIA General Executive Committee (GEC) approves the package at its August 2011 meeting. SMACNA will notify all members and chapters upon notification of the GEC's decision.
Lead Instructor WANTED for the Building Trades Pre-Apprenticeship Program
The Building Pathways Building Trades Pre-Apprenticeship Program is seeking a part-time lead instructor for our Fall 2011 (Oct Nov) and Spring 2012 (Mar Apr) training cycles. Building Pathways, sponsored by the Boston Housing Authority and the Boston Building Trades Council, offers a 7-week training program to prepare qualified residents of the Boston Housing Authority and other income-eligible Boston residents to enter into an apprenticeship in the building and construction trades. The lead instructor will have primary responsibility for delivering the occupational training component of the program (up to 100+ hours of instruction per cycle).
Qualifications: The successful candidate must possess a Journeyman Certificate in a building and construction trade. A minimum of 5 years Trades-related experience is required. Experience teaching adults will be considered an asset. Proficient use of Microsoft Office is required. (See attached Job Description.)
This is a part-time, grant-funded, contract position which will be compensated at an hourly fee commensurate with experience. No benefits provided. The deadline has been extended to August 12 for submission of applications for lead instructor of the Building Pathways Building Trades Pre-Apprenticeship Program. This would be an ideal position for a retired JATC instructor or other tradesperson with teaching experience who is looking for part-time employment.
If anyone is interested in this opportunity, please contact:
Mary Vogel, Executive Director, The Construction Institute
413-237-5507
2012 International Code Changes
The current round of ICC (International Code Council) code changes is the most extensive in decades. Throughout the development code hearings "green and sustainable" was constantly used by all manner of code change proponents. These words have been used to raise energy efficiency requirements significantly and pushed code compliance past the completion of construction and into post occupancy. State governors and city mayors have made pledges toward achieving zero carbon by 2030 which could make this set of ICC code changes the most quickly adopted, ever.
SMACNA NEW ENGLAND NEWS
NATION
The mood in Washington remains tense this week as Congress continues to try and hammer out a solution to the countries $14.2 trillion debt crisis. Both the House and Senate cancelled scheduled breaks to remain in Washington, as leaders continue to negotiate a plan that would allow the U.S. simultaneously to avoid defaulting on its debt obligations and reduce the overall debt level going forward. However, a partisan divide is growing wider and wider and the looming deadline has increased the likelihood of a short-term, deficit-reduction plan that would allow lawmakers to hammer out the terms of a long-term deal.
CONNECTICUT
On July 1, 2011, with little fanfare, but significant mystery, the Department of Public Works (DPW) was dissolved. Governor Dannel Malloy signed Public Act No. 11-51 into law as part of his initiative to streamline Connecticut's state government, and it will have an immediate impact upon the administration of vertical construction projects in the state. This is not the first time the legislature has tinkered with which agency has responsibility for state construction project administration.
MAINE
Governor Paul LePage has signed L.D. 1257, which will keep government-mandated project labor agreements (PLAs) off state construction through October 2015. Maine is the sixth state to ban government-mandated PLAs to some degree this year and the first state to do so in New England.
MASSACHUSETTS
The House has passed a measure that resurfaced earlier this month during an annual hearing at the State House on legislation that would require Massachusetts employers large and small to guarantee paid sick time to their employees. The bill would mandate all employers to provide a minimum of (7) seven paid sick days annually. Connecticut recently became the first state in the country to pass a paid sick leave mandate law last month.
NEW HAMPSHIRE
Last month, New Hampshire Republicans failed to muster enough votes to override the governor's veto of a right-to-work bill. Republican House Speaker William O'Brien said he would call a special session of the Legislature, likely in the fall, seeking to override the veto by Democratic Gov. John Lynch. This spring, New Hampshire Republicans passed the bill, which would allow private-sector workers to opt not to join a union or pay dues at unionized workplaces. It currently stands as a win for the Unions.
RHODE ISLAND
Rhode Island faces a loss of $1.1 million in funding because of Congress' failure to pass a reauthorization bill for the Federal Aviation Administration. The U.S. Department of Transportation has shut down the Airport Improvement Program, which provides about $2.5 billion for airport projects in all 50 states. The Transportation Secretary has said that unless Congress acts quickly, more work will have to be halted at T. F. Green Airport in RI and other airports in the country. Last week, Congress missed a deadline to pass legislation giving the FAA the authority needed for projects to continue. Surrounding states in the New England area, such as MA and CT are expected to lose out as well.
VERMONT
Late last month, Vermont's Governor signed a health care reform law that puts the state on a potential path towards a publicly financed, single-payer health care system by 2017. This would be the first single-payer system in the country. Other reforms, most notably, the establishment of a Vermont health benefit exchange will take effect sooner.
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