Tag Archive for Bob Filner

Unions Earn Growing Reputation as Bob Filner Apologists – Will Voters Make Them Accountable?

In my August 6, 2013 www.UnionWatch.org article entitled Take the Filner Challenge: Advance the Union Political Agenda, I explain why an August 3, 2013 article in the UT San Diego newspaper can reasonably claim that San Diego Mayor Bob Filner’s “list of supporters has shrunk to just one major group – organized labor and its allies.” This UT San Diego article includes an ill-advised and now-notorious remark from Tom Lemmon, head of the San Diego County Building and Construction Trades Council:

It’s an awkward situation, but we have a lot invested in him. We believe in due process, so let it take its course.

Perhaps it isn’t surprising that Tom Lemmon is hesitant to castigate Mayor Bob Filner, considering that Congressman Bob Filner inserted a very nice statement about him in the September 10, 2012 Congressional Record.

We need to congratulate Tom Lemmon for his many years of dedicated service to the organized labor movement in San Diego and to working men and women all across this great nation!

Looking at the larger perspective, union leaders know that San Diego will one day forget Bob Filner the sexually harassing mayor, but the legacy of Bob Filner the union mayor may persist for generations. Union leaders have chosen to be politically pragmatic rather than make a public judgment about what kind of person should serve the people of San Diego as the city’s chief executive.

Nevertheless, unions are being called out on their amoral stance. An August 4 post on www.Breibart.com cited the UT San Diego article: “Unions Stand By Filthy Filner, ‘Have a lot Invested in Him.‘” As of August 13, there were 131 comments about the article – many expressing the idea that birds of a feather flock together. The article was also circulated widely via social media, tainting the reputation of labor unions across the country.

By sticking with Filner, union leaders have given San Diego Republican leaders an opportunity to highlight the shortcomings of the region’s most politically powerful leftist coalition.

Double standards are apparent. I have noted on Twitter that the North Bay Labor Council and the Sonoma, Lake & Mendocino Building and Construction Trades Council are calling for the resignation of Sonoma County Supervisor and Democrat Efren Carrillo, who has been arrested twice in the past year under strange circumstances and apparently has a drinking problem. See the July 31, 2013 press release North Bay Labor Council & Sonoma, Lake and Mendocino Building Trades Council Call For Supervisor Efren Carrillo to Resign.

Of course, a cynic would point out that union leaders in Sonoma County have detested Supervisor Carrillo since he refused to advance a proposed Project Labor Agreement policy for county projects. See my September 19, 2012 article Sonoma County Board of Supervisors Abandons Project Labor Agreement Policy; Instead Directs Staff to Negotiate Project Labor Agreement for Sonoma County Airport Expansion, which includes a series of heated tweets from Lisa Maldonado, the head of the North Bay Labor Council, AFL-CIO.

Maldonado has actually been relatively restrained on Twitter after Carrillo’s second arrest.

Shame on Unions! Put Women Ahead of Your "Investment!"- San Diego Mayor Bob FilnerNow flyers are circulating in San Diego to make union leaders accountable for their decision to stick by Mayor Bob Filner. Considering how leaders of these labor organizations have no shame in blocking high-profile construction projects using the California Environmental Quality Act (CEQA) to get Project Labor Agreements, I doubt they’ll change their position because of public outrage. It’s up to the Republican Party of San Diego County to remind voters where unions stand on Filner and urge voters to make a statement via their ballots in the 2014 and 2016 elections. In fact, the time may be right to qualify dramatic county and city ballot initiatives to end costly government policies and practices that benefit unions at the expense of everyone else.

My Article “After 33 Years, San Diego Submits to State Prevailing Wage Law” Published on www.UnionWatch.org

On July 30, I reported in www.UnionWatch.org on the 5-4 vote of the San Diego City Council to impose state prevailing wage rates on city construction contracts at After 33 Years, San Diego Submits to State Prevailing Wage Law.

News Coverage of the Vote

San Diego Passes Prevailing Wage Bill: Council votes 5-4 to expand policy to work contracts, following Filner’s lead – UT San Diego – July 31, 2013 – a follow-up to Council Approves Higher Wages for Projects: City already pays prevailing wages on big developmentUT San Diego – July 30, 2013

City Council Approves Prevailing Wage Proposal – City News Service, posted on several news web sites – July 30, 2013

City Council Passes Prevailing-Wage OrdinanceSan Diego Daily Transcript – July 30, 2013

City Costs Would Rise Under Prevailing Wage Plan: Rule would expand to all municipal projects UT San Diego – July 30, 2013

A Day to Remember, Not Fondly, at San Diego City HallUT San Diego (editorial) – August 1, 2013

Vote ‘No’ on Expanding ‘Prevailing Wage’ in San Diego – UT San Diego (editorial) – July 30, 2013

Prevailing Wage Will Force Out Small Guy; Prevailing Wage is All About Payback to Unions; Big Labor Dominates City Hall: UT San Diego (letters to the editor) – August 1, 2013

Simple List of Official Documents Relevant to July 30 San Diego City Council Vote to Require State Prevailing Wage on City Contracts

Tomorrow afternoon (July 30, 2013), the San Diego City Council is scheduled to vote on a proposal from Mayor Bob Filner to abandon its own policy concerning government-mandated wage rates on city construction contracts and adopt union-backed state laws.

Here’s a collection of relevant documents.

Provided to the San Diego City Council from the Office of Mayor Bob Filner

May 8, 2013 memo from San Diego Mayor Bob Filner calling on the city council to impose state prevailing wage on city contracts

July 16, 2013 Report to the City Council from the Office of Mayor Bob Filner, coauthored by Jennifer Badgley, Office of the Mayor, Director of Special Projects and Labor Affairs, formerly Organizer/Political Director for International Brotherhood of Electrical Workers (IBEW) Local Union No. 569 in San Diego

July 22, 2013 request from San Diego Mayor Bob Filner to put the proposed prevailing wage ordinance on the city council meeting agenda for final approval

The ordinance proposed by Mayor Bob Filner imposing on the City of San Diego a requirement for contractors to pay state prevailing wage rates on city construction contracts

Provided by the City of San Diego Office of the Independent Budget Analyst

June 18, 2013 report from the Office of the City of San Diego Independent Budget Analyst “Review of Proposal to Require Compliance with the State’s Prevailing Wage Laws on all City Public Works Projects”

…the CIP Budget includes 190 construction contracts totaling $331 million anticipated to be awarded in FY 2014. About 21% or 16 of these contracts, totaling about $70 million, require payment of prevailing wages since they are funded with State or federal monies. If prevailing wages are required to be paid on the remaining $261 million construction contracts, a 5% or 10% increase would increase total costs by $13 million or $26 million respectively. Given tight financial constraints and competing budget priorities, this would likely reduce the number of capital projects that the city can implement.

July 26, 2013 report from the Office of the City of San Diego Independent Budget Analyst: “Key Issues Related to Requiring Payment of Prevailing Wages on all City Public Works Projects”

…our best judgment is that prevailing wages will increase total project costs for the City. The potential for increased total project costs is particularly important in light of the high priority the Council has assigned to addressing the City’s infrastructure challenges, including a backlog in deferred capital for buildings/facilities, streets, and storm drains currently estimated at $898 million.

Provided by the City Attorney for the City of San Diego

June 17, 2013 memo from City Attorney of San Diego noting that “The California Supreme Court also recently reaffirmed that charter cities like San Diego do not have to pay prevailing wages” and explaining various legal questions about Mayor Bob Filner’s proposed ordinance

Provided by Other Agencies of the City of San Diego

Chart #1 FY 2013 City of San Diego construction projects with and without state prevailing wage mandate

Chart #2 of recent City of San Diego construction projects with and without state prevailing wage mandate

June 20, 2013 Construction Industry Quarterly Meeting of City of San Diego Public Works Department where prevailing wage proposal was reportedly discussed. It included a presentation by Murtaza Baxamusa, City of San Diego, Office of the Mayor, Special Advisor for Public Policy, formerly with the San Diego County Building Trades Family Housing Corporation and the union-oriented Center on Policy Initiatives

Documents That Should Have Been Officially Provided to the San Diego City Council

Are Charter Cities Taking Advantage of State-Mandated Construction Wage Rate (“Prevailing Wage”) Exemptions? – 92-page guidebook to status of prevailing wage policies in California’s 121 charter cities

State Building and Construction Trades Council of California, AFL-CIO v. City of Vista et al. – California Supreme Court decision of July 2, 2012 upholding constitutional right of charter cities to establish their own policies concerning government-mandated wage rates for municipal construction contracts

Union Operatives Infiltrate Office of San Diego Mayor Bob Filner to Push Costly and Burdensome Prevailing Wage Mandate for City Contracts

As of today, San Diego Mayor Bob Filner says he will remain in office despite women accusing him of sexual harassment. For the mayor, this is the most damaging of several recent scandals that include a mysterious trip to Paris, a generous complimentary refurbishing of the mayor’s office reception area, and alleged demands for payments in exchange for project approval.

While some of Mayor Filner’s staff have resigned in recent weeks, other people are coming into his administration to fill the power vacuum. And who better to become entrenched in this scandal-ridden administration than union officials?

Jennifer Badgley, Director of Special Projects and Labor Affairs

Apparently the mayor has brought on a former (or current) professional organizer and political director of San Diego’s International Brotherhood of Electrical Workers (IBEW) Local Union No. 569. Jennifer Badgley has recently become the “Director of Special Projects and Labor Affairs” for Mayor Filner, according to her Linked In profile.

Jennifer Badgley – San Diego Mayor’s Office and IBEW Local Union No. 569

According to a lobbying report filed by the IBEW Local 569, Badgley had lobbied Mayor Filner and staff on a few issues during the second quarter of 2013 (April 1 to June 30), including “good green local jobs and career pathways for local workers,” Community Choice Aggregation, and “responsible construction and development,” including on the San Diego Convention Center Expansion. She also “sat in with business” concerning a “potential San Diego energy project.”

She arrived just in time! A vote at the San Diego City Council is scheduled on July 30, 2013 to adopt a union-backed ordinance proposed by Mayor Filner to require construction companies with city contracts to pay wage rates (“prevailing wages”) set by the State of California. Since 1980, the City of San Diego has exercised its authority as a charter city to issue contracts for most purely municipal projects without state-mandated wage rates, as a result saving money for taxpayers. Filner’s proposal would submit the City of San Diego to state law regarding wage rates on public works projects.

Circumstances have now allowed the mayor’s Director of Special Projects and Labor Affairs to be the coauthor of a July 16, 2013 propaganda memo to the San Diego City Council arguing why city taxpayers should pay more for construction and why the city bureaucracy should be entangled in $250,000 worth of monitoring and enforcement of cumbersome unfunded state mandates per $100 million spent on construction. Some of the highlights of this memo:

  • It disparages the city’s Office of the Independent Budget Analyst, which issued a Review of Proposal to Require Compliance with the State’s Prevailing Wage Laws on All City Public Works Projects. The review estimated a cost increase of 5 to 10 percent on projects and noted “the likely trade off in the form of higher capital project costs and the resulting impact to infrastructure programs which are a high priority for the City.”
  • It claims that the state exempts volunteers from prevailing wage requirements, but doesn’t note that the exemption has an expiration date and that certain unions have objected to this exemption.
  • It cites and provides text of the 2010 Azusa Land Partners v. Department of Industrial Relations California appellate court decision that expanded prevailing wage to certain private housing developments, but it doesn’t mention the much more relevant 2012 California Supreme Court decision in State Building & Construction Trades Council of California v. City of Vista. Unions lost this case badly when the California Supreme Court upheld the right of charter cities to establish their own policies concerning government-mandated wage rates for purely municipal contracts.
  • It reports that “staff presented this proposal to construction industry stakeholders at their quarterly meeting on June 20, 2013,” apparently through a presentation by Murtaza Baxamusa, City of San Diego, Office of the Mayor, Special Advisor for Public Policy. (See more about Baxamusa below.) The association representatives at the meeting were reportedly delighted about the proposal; of course, the groups listed as attending the meeting represent and provide contract negotiation and administration services to companies that choose to be bound under the requirements of union collective bargaining agreements. They have a financial interest in government increasing project costs.

Such an rigid approach to public policy as reflected in Badgley’s memo is consistent with her history of advancing the union agenda. In the summer of 2009, at a time when 20% of IBEW Local 569 members were unemployed, Badgley expressed pride in what she identified as her greatest accomplishment: derailing the plan of Gaylord Entertainment to build a $1.2 billion hotel and convention center in Chula Vista because the company wouldn’t sign a Project Labor Agreement guaranteeing 100% of the construction trade work to unions. A July 6, 2009 profile on the now-defunct San Diego News Network web site reported her perspective as part of an interview to reveal her “journey” as she sought to “create broader social change.”

Badgley is or was married to Tefere Gebre, the executive director of the Orange County Labor Federation, AFL-CIO, who is expected to become the next Executive Vice President of the national AFL-CIO. In 2012 he proclaimed The Truth About the Right-Wing’s Latest Scheme to Punish Workers in Costa Mesa, and in 2009 he decried “The assault on Orange County by Colorado-based zealot Eric Christensen (sic) and Supervisor John Moorlach.” Gebre caused a stir in August 2007 when he sent Eric Christen of the Coalition for Fair Employment in Construction a bizarre email claiming that he saw Christen “on TV as a gay whitehouse corspondent.” (sic)

Murtaza Baxamusa, Special Advisor for Public Policy

Murtaza Baxamusa used to churn out policy reports for the union-backed Center on Policy Initiatives in San Diego. He was a founder of the phony Middle Class Taxpayers Association, which advocates for union-backed initiatives that increase costs to taxpayers. In 2011 he was hired as Director of Planning and Development for the San Diego County Building Trades Council Family Housing Corporation. The San Diego County Building Trades Family Housing Corporation contributed $85,000 to the November 2012 campaign to pass Proposition Z, a $2.8 billion bond measure with a Project Labor Agreement for the San Diego Unified School District. It’s unclear if Baxamusa is still employed at the union housing corporation.

Mayor Bob Filner’s Support for the Union Political Agenda

Bob Filner, the Mayor of the City of San Diego, has long supported the political agenda of construction trade unions. Eric Christen of the Coalition for Fair Employment in Construction wrote in an opinion piece in Voice of San Diego on July 20, 2007 that Filner had “an almost canine affection for doing the unions’ bidding.”

In 1999, then-Congressman Filner recognized Art Lujan of the San Diego-Imperial Counties Labor Council, AFL-CIO for his leadership in the San Diego labor movement. He noted that “Art successfully secured a Project Labor Agreement with the County Water Authority resulting in over $700 million in construction projects throughout the next eight years.” This was the first government-mandated Project Labor Agreement in San Diego County.

As a member of Congress in 2007, Filner blamed Chula Vista Mayor Cheryl Cox for the decision of Gaylord Entertainment to withdraw its proposal to build a $1.2 billion hotel and conference center on the Chula Vista Bayfront. Unions were threatening to block the project with environmental objections unless the company signed a Project Labor Agreement to build the project. Filner apparently felt that Cox should have pressured Gaylord to give the unions what they wanted.

A letter to the editor in the July 15, 2007 San Diego Union-Tribune explained Filner’s political attack:

So now the finger-pointing begins. And the show is being led by Rep. Bob Filner, who demonstrated political grandstanding at its finest by swooping in to defend the unions. How much has he been involved in this process before now? And without demonstrating any personal effort in advancing the project, how does he justify a self-appointed role as the arbiter of who did what wrong?

In 2010, Filner wrote a letter on Congressional stationery (in apparent violation of U.S. House of Representatives ethics rules) to the Chula Vista Chamber of Commerce telling them to oppose Proposition G. Prop G was a “fair and open competition” ballot measure to enact an ordinance prohibiting the City of Chula Vista from entering into contracts that required construction companies to sign a Project Labor Agreement as a condition of work. Filner claimed that it would be a “fool’s errand” to obtain federal funding for the City of Chula Vista if voters approved Proposition G. On June 6, 2010, 56% of Chula Vista voters supported Proposition G, and Filner subsequently played the fool and continued to send federal money there.

Of course Filner supported the Project Labor Agreement that the board of the San Diego Unified School District imposed on $4.9 billion in construction (not including state matching grants) approved by voters as Proposition S in 2008 and the subsequent Proposition Z in 2012. And citing arguments from the International Brotherhood of Electrical Workers (IBEW), he wrote letters to the U.S. Department of Energy in 2009 and 2010 opposing Sempra Energy’s construction of an electricity transmission line between Mexico and San Diego County.

And notably, he recognized Murtaza Baxamura in 2012 in the Congressional Record. Now Baxamura is on his staff, pushing for government-mandated construction wage rates.

Unions Get Control of San Diego Convention Center Expansion: CEQA Abuse Is Effective, Fair and Open Competition Ordinance Evaded

The Moment of LIE - San Diego Convention Center Project Labor Agreement

The Moment of LIE – San Diego Convention Center Project Labor Agreement

As announced at a press conference this afternoon (November 8, 2012) featuring San Diego Mayor Jerry Sanders and top San Diego union officials (including Lorena Gonzalez, head of the San Diego and Imperial Counties Central Labor Council), the San Diego and Imperial Counties Labor Council, AFL-CIO and the San Diego County Building and Construction Trades Council have made “deals” with the City of San Diego and the prime contractor (a joint venture of Clark Construction Group and Hunt Construction Group) for the San Diego Convention Center Expansion, Phase 3.

Although Mayor Sanders twice said “no” in response to a question about a Project Labor Agreement, contractors will indeed be required to sign a Project Labor Agreement (with the joint venture firm of Clark/Hunt) in order to work on the project. Union officials are dropping their environmental objections and supporting the project now. The San Diego Union-Tribune reported clearly that “greenmail” motivated supporters of the project to make a deal giving unions control of the work:

Continued opposition from organized labor, both in the courtroom and at the Coastal Commission, clearly threatened to derail the expansion.

“Labor and labor’s lawyers are competent and well-financed and neutralizing that as a threat to this project is a very important milestone,” said Charles Black, the city’s project manager for the expansion.

This deal is also a consequence of pro-union Congressman Bob Filner winning the race for San Diego Mayor. Obviously outgoing Republican Mayor Jerry Sanders – who will become the next head of the San Diego Regional Chamber of Commerce – decided to surrender to the unions rather than let his successor get the credit for moving the project forward.

Clark/Hunt has signed a Project Labor Agreement directly with the San Diego County Building and Construction Trades Council, in order to evade the Fair and Open Competition ordinance (Measure A) approved by 58% of city voters in June 2012. That ordinance prohibits the city from entering into a contract requiring companies to sign a Project Labor Agreement with unions. (The National Labor Relations Act prohibits a city government from banning a Project Labor Agreement between an employer and unions.)

Clark Construction has a history in California of signing Project Labor Agreements to satisfy the unions and avoid trouble. For example, Clark signed a Project Labor Agreement in 2000 for San Diego’s Petco Park, in 2001 for the Fresno Community Health Systems Downtown Campus and in 2011 for the Governor George Deukmejian Courthouse in Long Beach.

Union CEQA Documents Submitted to Port of San Diego - Convention Center Expansion

Document Dump: a lawyer for labor unions submitted hundreds of pages of CEQA objections at the very last minute against the proposed San Diego Convention Center expansion.

As a party to the CEQA complaints, UNITE-HERE Local Union No. 30 obviously must have received economic concessions as well.

The triumphant news is coming out fast and furious from San Diego news media, surely to the surprise of most residents who didn’t know that unions (through the law firm of Adams Broadwell Joseph & Cardozo) had submitted hundreds of pages of documents claiming that the Environmental Impact Report for the San Diego Convention Center expansion violated the California Environmental Quality Act (CEQA).

One comment on the KPBS news article (linked below) suggests that perhaps San Diego will end up hosting the 2016 Democratic National Convention. I wouldn’t be surprised.

News Coverage

Labor Drops Opposition to Convention Center Expansion – San Diego Union-Tribune – November 8, 2012

Organized labor has dropped its opposition to the planned expansion of the San Diego Convention Center after winning a number of concessions aimed at protecting workers, ensuring local hiring and guaranteeing defined benefits. The agreement to support the expansion, announced by Mayor Jerry Sanders, removes a major hurdle that threatened to derail the $520 million project…

With Labor Deal, Convention Center Expansion Clears Major Hurdle – Voice of San Diego – ‎November 8, 2012

San Diego’s $520 million proposed Convention Center expansion received a major boost Thursday, when Mayor Jerry Sanders announced a formal agreement with labor groups to support the project. Labor will drop its lawsuits against the project’s …

Labor Drops Opposition to Convention Center Expansion – North County Times – November 8, 2012

The planned expansion of the San Diego Convention Center cleared a major hurdle Thursday, with the announcement that organized labor has dropped all opposition to the $520 million project. Mayor Jerry Sanders, joined by San Diego labor leader Lorena Gonzalez…

Labor Unions Drop Opposition to Convention Center Expansion – San Diego 6 – November 8, 2012

Organized labor will drop its opposition to a planned expansion of the San Diego Convention Center due to a series of agreements reached with the city and the project contractor, the two sides announced Thursday. At a news conference…

San Diego, Unions Reach Agreement On Convention Center Expansion – KPBS – November 8, 2012

Labor groups have agreed to drop out of lawsuits against the Convention Center expansion after coming to agreements regarding worker safety, local hiring and other issues. This does not mean all litigation against the project is done. In February a judge will…

I wrote about the union “greenmail” extensively, but the San Diego civic leadership obviously wanted to avoid jeopardizing the project and kept the issue quiet. See these articles:

CEQA Greenmail Still Effective for Unions in San Diego: Just a Cost of Doing Business for Pragmatic Civic Leaders – October 10, 2012

www.UnionWatch.org Publishes My Comprehensive Analysis of the Union CEQA Greenmail Against the San Diego Convention Center Expansion – September 21, 2012

The Greenmail is Now Public: Union CEQA Extortion of San Diego Convention Center Featured on www.FlashReport.org – September 20, 2012

Brazen! Union Officials and Their Environmental Lawyers at Port Commissioners’ Meeting Threaten to Stop San Diego Convention Center Expansion Using California Environmental Quality Act (CEQA) – September 20, 2012

Unions Submit 436 Pages of Objections to Draft Environmental Impact Report for Proposed San Diego Convention Center Phase III Expansion Project: CEQA Abuse Run Rampant – August 8, 2012