Tag Archive for Alum Rock Union Elementary School District 2009 Measure G

New Developments in Project Labor Agreements, as Shown in the Alum Rock Union Elementary School District Measure J Amendments to the Measure G Agreement

On June 20, 2013, the elected board of trustees for the Alum Rock Union Elementary School District in San José voted 5-0 to extend its 2009 Project Labor Agreement (called a “Construction Careers Agreement”) on projects funded by Measure G (approved by voters in June 2008) to cover projects funded by Measure J (approved by voters in November 2012).

Amendments in 2013 to the original 2009 agreement show negotiation trends and desires of an aggressive coalition of construction trade unions (the Santa Clara & San Benito Counties Building & Construction Trades Council) and its lawyers. The changes all reflect interests of the unions, rather than interests of the Alum Rock Union Elementary School District or its victimized taxpayers. Here are the changes, with explanations:

1. Expanding Coverage to Include Any Possible Variation on Pre-Fabrication Work

Obviously certain unions are trying to eliminate any possible loopholes or ambiguities that would allow a contractor to circumvent the Project Labor Agreement by performing work off-site. This new provision would presumably apply to manufacturers as well as building and construction firms.

2(f)(6) All off-site manufacture and handling of materials, equipment or machinery provided, however, work performed by any of the Unions, including pre-fabrication of materials that are directly part of the Project and are traditionally performed under the provisions of an existing Schedule A agreement of a signatory Union(s) on the effective date of this Agreement, shall be covered by the terms and conditions of this Agreement; provided further, that lay-down or storage areas or equipment or material manufacturing (pre-fabrication) sites dedicated solely to the Project or Project work, and the movement of materials or goods between the Project site and such dedicated site(s), as well as between locations on the Project site, and the delivery and removal of construction materials and supplies, including, but not limited to, ready-mix concrete, asphalt, aggregate, sand or earth that are directly incorporated into a work process or debris, earth or other waste construction materials removed from the Project site, shall be covered by the terms and conditions of this Agreement.

2. Providing Unions More Time to Claim a Dispute

The section outlining the procedure for a union to file a grievance and seek arbitration on matters concerning the Project Labor Agreement or applicable Master Labor Agreements for each trade has been changed in the 2013 version to allow notice of a dispute within seven (7) days up to thirty (30) days after the disputing party should have become aware of a dispute. That’s a change from 5 days up to 15 days as indicated in the 2009 version.

Obtain records of grievances and disputes on Project Labor Agreements in the San Francisco Bay Area over the past four years, and it’s likely an examination of those records would reveal a controversy concerning a dispute reported after the 15 day period.

3. Avoiding Travel to Union Headquarters in Washington, D.C.

The 2013 version of the agreement establishes that arbitration meetings for jurisdictional disputes between trade unions will be held locally instead of in Washington, D.C., where the headquarters of the Building and Construction Trades Department, AFL-CIO is located.

10.(B).1. For the convenience of the parties, and in recognition of the expense of travel between Northern California and Washington, DC, at the request of any party to a jurisdictional dispute under this Agreement an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch, and Thomas Pagan, and the Arbitrator’s hearing on the dispute shall be held at the offices of the applicable Building and Construction Trades Council.

Giving up an opportunity to eat at The Palm? The motivation could be simply to save money, or perhaps a Northern California lawyer representing a union or unions was sick of traveling to Washington, D.C. Obtain records of jurisdictional disputes on Project Labor Agreements in the San Francisco Bay Area over the past four years, and it’s likely an examination of those records would reveal a case or cases requiring a lot of travel to Washington, D.C.

4. Making Extra-Sure Non-Union Workers Are Dispatched Through the Union Hiring Halls

The “Agreement to be Bound” (Appendix A) that construction companies must sign to work at the Alum Rock Union Elementary School District now includes extra language to make sure no worker ever escapes the union dispatching system:

5. Employer accepts and understands (per Section 5.A) of the Agreement, that all craft labor including those not members of a union will be dispatched through the appropriate union hiring hall and that local out of work craft workers will be alternately dispatched to employers (not party to a collective bargaining agreement) along with their key workforce as described in Section 5 of this Agreement.

Obtain records of union grievances against employers on Project Labor Agreements in the San Francisco Bay Area over the past four years, and it’s likely an examination of those records would reveal a clueless or devious construction company or companies that sent employees classified within its “core workforce” to a job site without going through the union dispatching procedure.

Complete Compilation of Union Project Labor Agreements on K-12 School District and Community College District Construction in California: 1999-2012

Below are government-mandated Project Labor Agreements implemented at educational districts in California as of November 6, 2012 and privately-negotiated Project Labor Agreements implemented for construction at educational districts in California.

According to the latest information on the web site of the California Department of Education, California had 1,032 districts for K-12 schools in the 2009-10 school year. Also, the California Community College Chancellor’s Office indicates there are 112 community colleges in California.

While the percentage of the total number of California educational districts requiring their contractors to sign Project Labor Agreements with construction trade unions is small, unions now control much of the state’s educational construction funded by money borrowed through state and local bond sales. These 43 districts with Project Labor Agreements are mostly large urban districts with high numbers of students and significant construction expenditures. The Los Angeles Unified School District is the second largest school district in the United States, and it has an ongoing $20 billion construction program (not including the matching grants consisting of money borrowed through the state’s substantial educational bond sales).

Help make this compilation complete: if you have one of the two Project Labor Agreements on the list below that I don’t have, or possess a privately-negotiated Project Labor Agreement not on the list (such as a private agreement for certain developer-built schools), please contact me by using the contact box on this page: About Labor Issues Solutions, LLC and the Dayton Public Policy Institute.


Government-Mandated Project Labor Agreements for K-12 School District and Community College District Construction in California

MARIN COUNTY
College of Marin (Marin Community College District) Project Labor Agreement 2008 Measure C
CITY and COUNTY OF SAN FRANCISCO
City College of San Francisco Project Labor Agreement 2005
San Francisco Unified School District Project Labor Agreement 2008 Measure A (Approved in 2006)
SAN MATEO COUNTY
San Mateo Community College District Project Labor Agreement 2003
San Mateo Community College District Project Labor Agreement 2007 Amendment No. 1 
San Mateo Union High School District Project Labor Agreement 2002 – San Mateo High School Modernization
San Mateo Union High School District Project Labor Agreement 2009 Measure M
San Mateo Union High School District Project Labor Agreement 2009 Measure M Solar Work Amendment 2010
San Mateo Union High School District Project Labor Agreement 2009 Measure M Additional Work Amendment 2011
South San Francisco Unified School District Project Labor Agreement 2011 Measure J
SANTA CLARA COUNTY
Alum Rock Union Elementary School District 2009 Measure G
East Side Union High School District Project Labor Agreement 2003 Measure G 2009 Measure E
Foothill-DeAnza Community College District Project Labor Agreement 2008 Measure G
Foothill-DeAnza Community College District Project Labor Agreement 2011 Measure G Amendment No. 1
San Jose-Evergreen Community College District Project Labor Agreement 2006 Measure G 2010 Measure G
ALAMEDA COUNTY
Albany Unified School District Project Labor Agreement 2005 Measure A
Berkeley Unified School District Project Labor Agreement 2011 Measure I
Chabot-Los Positas Community College District Project Labor Agreement 2007 Measure B
Chabot-Los Positas Community College District Project Labor Agreement 2010 Measure B Amendment No. 1
Fremont Union High School District Project Labor Agreement 2009 All Outdoor Athletic Facilities
Hayward Unified School District Project Labor Agreement 2009 Measure I
Oakland Unified School District Project Labor Agreement 2003 Measure A (Original)
Oakland Unified School District Project Labor Agreement 2005 (Revised) Measure A and Subsequent Measure B
Peralta Community College District (Oakland & Berkeley) Project Labor Agreement 2009
San Leandro Unified School District Project Labor Agreement 2007 Measure B
San Leandro Unified School Project Labor Agreement 2007 Amendment 1 Measure M 2012
CONTRA COSTA COUNTY
Contra Costa Community College District 2012 Measure A (2006)
John Swett Unified School District Project Labor Agreement 2009 Measure A
Mt. Diablo Unified School District Project Labor Agreement 2006 Measure C Pilot Projects
Pittsburg Unified School District Project Labor Agreement 2004 Measure E
West Contra Costa Unified School District Project Labor Agreement
SOLANO COUNTY
Vallejo City Unified School District Project Labor Agreement Measure A 2001
Solano Community College District Project Labor Agreement Measure G 2004
SACRAMENTO COUNTY
Sacramento City Unified School District Project Labor Agreement Measures E and I 2005
Sacramento City Unified School District Project Labor Agreement Measures E and I 2005 Amendment No. 1 2009
LOS ANGELES COUNTY
Centinela Valley Union High School District Project Labor Agreement – Proposition CV and California Emergency Repair Program – 2009
Compton Unified School District Project Labor Agreement 2005 – Remainder of Measure I
Los Angeles Community College District Project Labor Agreement – Proposition A, Proposition AA, and Measure J – 2001 (Revised through 2011)
Los Angeles Unified School District Project Labor Agreement – Proposition BB and Measure K (now also applies to Measure R, Measure Q, future bond measures, and Job Order Contracts) – 2003
Los Angeles Unified School District Project Labor Agreement – Proposition BB and Measure K – 2003 – Amendment No. 1
Rio Hondo Community College District Project Labor Agreement – Measure A – 2005
Pasadena Unified School District Project Labor Agreement (called a “Continuity of Work Agreement) – Measure TT – 2012
San Gabriel Unified School District Project Labor Agreement – Measure A – 2010
ORANGE COUNTY
Rancho Santiago Community College District Project Labor Agreement – Measure E – 2003
Santa Ana Unified School District Project Labor Agreement – Measure C – 2000
SAN BERNARDINO COUNTY
Rialto Unified School District Project Labor Agreement – Wilmer Amina Carter High School (District High School #3) – 2001
RIVERSIDE COUNTY
Riverside Community College District Project Labor Agreement – Measure C – 2010
SAN DIEGO COUNTY
San Diego Unified School District Project Labor Agreement – Proposition S – 2009

Privately-Negotiated Project Labor Agreements for K-12 School District and Community College District Construction in California

CONSTRUCTION MANAGER-AT-RISK – MONTEREY COUNTY
Hartnell Community College District Project Labor Agreement – Measure H – 2004 – Negotiated by DPR Construction and Employers’ Advocate – Nullified After Three Small Projects
LEASE-LEASEBACK – KERN COUNTY
Westside Educational Complex for Delano Union School District Project Labor Agreement 2011 between Grapevine Advisors LLC and the Kern, Inyo, Mono Building and Construction Trades Council 
DEVELOPER-BUILT SCHOOLS – CONTRA COSTA COUNTY
San Ramon Valley Center Campus of Contra Costa Community College District Project Labor Agreement between Windemere-Brookfield-Centex and UA Plumbers and Steamfitters Union Local 159
Almond Grove Elementary School of Oakley Union Elementary School District Project Labor Agreement 2004 between Pulte Homes and UA Plumbers and Steamfitters Union Local 159, International Brotherhood of Electrical Workers Union Local 302, and Sheet Metal Workers Union Local 104
Seven Schools (Including Creekside Elementary School) of San Ramon Valley Unified School District Project Labor Agreement between Shapell Industries and Windemere and UA Plumbers and Steamfitters Union Local 159 and International Brotherhood of Electrical Workers Union Local 302 (copy not in my possession)
DEVELOPER-BUILT SCHOOLS – PLACER COUNTY
Junction Elementary School, Barbara Chilton Middle School, and Three Other Schools of Roseville City School District 2005 between Westpark Associates and Signature Properties and UA Plumbers and Steamfitters Union Local 447, International Brotherhood of Electrical Workers Union Local 340, and Sheet Metal Workers Union Local 162
DEVELOPER-BUILT SCHOOLS – VENTURA COUNTY
Rio Del Mar Elementary School, Rio Vista Middle School, and Another Elementary School of the Rio School District in the RiverPark Development 2004 between RiverPark Development, LLC and Shea Homes with the Ventura County Building and Construction Trades Council
Rio Del Mar Elementary School, Rio Vista Middle School, and Another Elementary School of the Rio School District in the RiverPark Development 2007 between RiverPark Development, LLC and Shea Homes with the Ventura County Building and Construction Trades Council – Amendment