Tag Archive for California State Superintendent of Public Instruction Tom Torlakson

Where the California Construction Industry Labor-Management Cooperative Trust Spends Its Money: Now We See How Unions Spread It

As I mentioned in an earlier post, the California Construction Industry Labor-Management Cooperative Trust is an arcane entity authorized by the obscure Labor-Management Cooperation Act of 1978, a law signed by President Jimmy Carter and implemented by the Federal Mediation and Conciliation Service. There are no federal or state regulations specifically addressed toward these trusts, and these trusts do not have any reporting requirements to the U.S. Department of Labor’s Office of Labor-Management Standards.

Since its founding in 2006, the California Construction Industry Labor-Management Cooperative Trust has collected $5,110,095 in receipts, consisting of $2.6 million in seed money from another trust, about $1.7 million in “membership dues” (paid by power plant owners and contractors as a condition of Project Labor Agreements extracted by California Unions for Reliable Energy), and $450,000 in net investment returns. A chart of the organization’s finances is at the end of this post.

Where does the California Construction Industry Labor-Management Cooperative Trust send its millions of dollars? I attempted to find out using the organization’s IRS Form 990s (2011, 2010, 2009, and 2008), state and local campaign finance reports, and other sources. See the list below.

1.  $1,095,000 – Taxpayers to Preserve Community Jobs, No on Measure A, sponsored by labor and management organizations (June 5, 2012 election in City of San Diego)

As of May 25, 2012, the California Construction Industry Labor Management Cooperative Trust has contributed $1,095,000 to the campaign committee opposing Proposition A, a “Fair and Open Competition” measure on the June 5, 2012 ballot in the City of San Diego that would prohibit the city from requiring construction companies to sign a Project Labor Agreement (PLA) with unions as a condition of working on a taxpayer-funded project. The California Construction Industry Labor Management Cooperative Trust has provided 92% of all receipts for this campaign committee.

2.  $770,000 – UCLA Labor Center (aka UCLA Center for Labor Research and Education), part of the University of California Miguel Contreras Labor Program

The California Construction Industry Labor-Management Cooperative Trust has contributed a cumulative total of $770,000 to the UCLA Labor Center, primarily or exclusively for the establishment and operation of the UCLA Labor Center’s California Construction Academy, a propaganda operation that issues biased studies and bogus reports about construction labor issues using the UCLA name and affiliation.

The UCLA Office of Research Administration’s Office of Contract and Grant Administration received $250,000 in 2010-11, $250,000 in 2009-10, and $150,000 in 2008-09 from the California Construction Industry Labor-Management Cooperative Trust. In 2007-08, the California Construction Industry Labor-Management Cooperative Trust contributed $120,000 for a “Workforce Development Leadership Academy Grant” sent to PO Box 951478 in Los Angeles, zip code 90095. (This is the address for the UCLA Labor Center.)

There seems to be confusion at the UCLA Labor Center about how much the California Construction Industry Labor-Management Cooperative Trust has contributed to the UCLA Labor Center’s California Construction Academy. The 2010-11 annual report for the UCLA Center for Labor Research and Education recognizes a grant of $450,000 from the California Construction Industry Labor-Management Cooperative Trust, but a footnote added on April 4, 2012 indicates that the $450,000 is a cumulative amount for several years, with $180,000 as the actual amount for 2010-11. A press release from the UCLA Labor Center’s California Construction Academy tries to rebut a March 27, 2012 article from www.PublicCEO.com entitled Project Labor Agreement Debate is as Complex as It is Conflicted by stating that “according to the 2009 990 IRS Form, the UCLA Labor Center received $450,000. In fact, when clicking on the document, the amount the Labor Center received was $180,000.” (See this link: Correction on PublicCEO.com Post: CCA Advances Broad Construction Industry InterestsCalifornia Construction Academy: A Project of the UCLA Labor Center – March 27, 2012.) PublicCEO.com then countered with its own correction that stated “Editors note: Originally, the UCLA Annual Report showed a donation of $450,000, as was reported in this article. That was an incorrect total. The report, and this article, now accurately reflect a donation of $250,000. The $450,000 UCLA reported was a total of several years.”

This outfit of five professional staff promotes the political agenda of the State Building and Construction Trades Council of California, including government-mandated Project Labor Agreements and union control of so-called “green jobs” in the construction industry. The founding Academy Director and Senior Advisor is David Sickler, former Southern California Regional Director of the State Building and Construction Trades Council. The advisory board for the UCLA Center for Labor Research and Education consists extensively of officials representing building trades unions. 

The UCLA Labor Center California Construction Academy was the organization used by the State Building and Construction Trades Council of California to awkwardly and ineffectively challenge a study published in July 2011 by the National University System Institute for Policy Research in San Diego indicating that schools built in California with Project Labor Agreements cost 13%-15% more than schools built under fair and open competition. As part of this response, the California Construction Industry Labor-Management Cooperative Trust mailed a letter to local elected officials throughout the state attacking the study, and State Superintendent of Public Instruction Tom Torlakson mailed a letter to county superintendents and other educational officials attacking the study and providing the report from the UCLA Labor Center California Construction Academy.

3.  $250,000 – No 98/Yes 99 – A Committee of City and County Associations, Taxpayers and Environmental Groups, League of California Cities, Californians for Neighborhood Protection, Coalition of Conservationists

On April 7, 2008, the California Construction Industry Labor-Management Cooperative Trust contributed $250,000 to this No on 98/Yes on 99 campaign committee to oppose a statewide ballot proposition on the June 2008 ballot that would have restricted the ability of governments to gain possession of private property through eminent domain. The proposition failed – it only received 39% of the vote.

4.  $164,550 – “Other” (?)

The California Construction Industry Labor-Management Cooperative Trust reports that it spent $164,550 on “Other” fees for services (non-employees) in 2010-11. No additional information is given, and these expenditures are not classified as administrative, accounting, or legal services. I’m unable to determine where this money went, but I’m guessing it was used for something political that promoted unions and socked it to California taxpayers. Any ideas?

Contrary to some rumors, “Other” does not appear to be the union front group Citizens Against Identity Theft and Ballot Fraud, sponsored by labor organizations, which funded a radio advertising scam in the summer of 2011 meant to discourage Sacramento and San Diego voters from signing petitions to place Fair and Open Competition measures and a Paycheck Protection initiative on the 2012 ballots. See my post thoroughly outlining this scheme here.

5.  $100,000 – Apollo Alliance

The Apollo Alliance received $75,000 in 2010-11 and $25,000 in 2009-10 from the California Construction Industry Labor-Management Cooperative Trust. This is currently a project of the Blue-Green Alliance, a coalition of environmental organizations and unions on a quest to stop global warming through government programs and a union workforce. President Obama’s former “Green Jobs Czar” Van Jones was an influential founder and leader of this organization.

6.  $100,000 – Paxton-Patterson Construction Lab/Shop in San Joaquin County

In 2007-08, the California Construction Industry Labor-Management Cooperative Trust contributed $100,000 to the San Joaquin Office of Education’s Career and Technical Education Program to establish a Paxton-Patterson Construction Lab/Shop.

The story behind this contribution is a mystery. Public records provided by the San Joaquin Office of Education in October 2011 did not include any documents dated earlier than September 17, 2007, when the former County Superintendent sent a letter to Bob Balgenorth (chairman of the the California Construction Industry Labor-Management Cooperative Trust, president of the State Building and Construction Trades Council of California, and chairman of California Unions for Reliable Energy – CURE) thanking him for the contribution. Surely there was something beforehand that led to a private contribution of $100,000 arriving at the office! Those kinds of checks usually don’t arrive in the mail without extensive solicitation.

In addition, the records did not indicate whether or not the Paxton-Patterson Construction Lab/Shop was ever built. Where are the two plaques celebrating Bob Balgenorth (as referenced in the letter)? When was the photo op? Where are the photos? How was the money spent?

In May 2007, the San Joaquin County Board of Supervisors voted 3-2 to require contractors to sign a Project Labor Agreement with unions as a condition of working on the county’s New Administration Building. (See my post here providing some background on that vote.) Is there a connection between the two incidents? 

7.  $50,000 – Taxpayers to Preserve Community Jobs, No On Measure G, sponsored by labor and management organizations (June 8, 2010 election in City of Chula Vista)

The California Construction Industry Labor Management Cooperative Trust contributed $50,000 to the campaign committee opposing Proposition G, a “Fair and Open Competition” measure on the June 8, 2010 ballot in the City of Chula Vista that would prohibit the city from requiring construction companies to sign a Project Labor Agreement (PLA) with unions as a condition of working on a taxpayer-funded project. The funding was in vain, as 56.37% of Chula Vista voters approved the proposed ordinance.

The ordinance is now Chula Vista Municipal Code Section 02-59. At the behest of the State Building and Construction Trades Council of California, Governor Brown and the Democrat Party leadership in the California State Legislature tried to financially punish the citizens of Chula Vista for enacting this ballot measure with Senate Bill 922 (signed into law in 2011) and Senate Bill 829 (signed into law in 2012). See my blog posts about these laws here and here.

8.  $50,000 – Fresno Area Construction Team (F.A.C.T.)

A group called the Fresno Area Construction Team received $50,000 in 2010-11 from the California Construction Industry Labor-Management Cooperation Trust to promote union contractors, union construction, and union apprenticeship programs in the Central Valley. It appears to have the involvement of the Sheet Metal Workers Union Local No. 162, Plumbers Union Local No. 246, and International Brotherhood of Electrical Workers (IBEW) Local No. 100. This group advertises, spent $51,862 on “consulting,” and even spent $992 on “travel and entertainment for public officials,” according to this form.

Financials: California Construction Industry Labor-Management Cooperative Trust

Year Gross Receipts Contributions & Grants/Program Service Revenue/Other Investment Income Total Revenue
   $ 2,595,954 “Contribution from Prior Trust”
2007-08  $    593,950  $    283,670  $      97,150  $    380,820
2008-09  $    463,792  $    506,403  $    (42,611)  $    463,792
2009-10  $    522,782  $    274,437  $    200,583  $    475,020
2010-11  $    933,617  $    678,209  $    195,780  $    873,989
Total  $ 5,110,095  $ 1,742,719  $    450,902  $ 2,193,621

 

Year Grants & Similar Amounts Other Expenses Total Expenses
2007-08  $    220,000  $    290,859.  $    510,859
2008-09  $    150,000  $      21,143  $    171,143
2009-10  $    205,000  $      16,839  $    221,830
2010-11  $    375,000  $    234,319  $    609,319
Total  $    950,000  $    563,160  $ 1,513,151

 

Year Revenue Minus Expenses Total Assets
2007-08  $  (130,039)  $ 2,595,954
2008-09  $    292,649  $ 2,888,603
2009-10  $    253,181  $ 3,141,784
2010-11  $    264,670  $ 3,406,454

Soon, a Whole Month to Subject California Students to Union Propaganda in the Classroom

It’s not enough in California that every day is Earth Day. Now a state legislator has introduced a bill that expands the official time period from a week to a month for unions to introduce their own propaganda to students through California public school classrooms.

Introduced on February 24, 2012 and amended on March 20, 2012 by Assemblyman Sandré Swanson (D-Oakland), Assembly Bill 2269 replaces the current designation of the first week of April as “Labor History Week” with the entire month of May as “Labor History Month” in California schools. This bill will enshrine in state law a 31-day special period for school districts to gather around the May pole for ”appropriate educational exercises that make pupils aware of the role that the labor movement has played in shaping California and the United States.”

When the Assembly Education Committee approved AB 2269 on April 11, 2012 with a 6-2 vote (three committee members did not vote), no entity or individual had submitted opposition to the bill. Now there is a lonely opponent: Labor Issues Solutions, LLC and the Dayton Public Policy Institute, representing its own interest in the matter. Here is my five-page letter providing a comprehensive argument against the bill and the concept of official state-designated Labor History commemorations in California public schools:

Dayton Letter Opposed to Assembly Bill 2269 – Labor History Month

I’m not surprised this bill isn’t getting much attention outside of California’s union leadership (and perhaps the California Assembly Speaker’s Commission on Labor Education). Who would know about the plot behind such a proposal? Only a few articles over the past 17 years have critically examined the contemporary movement to impose labor history in the government school curriculum. One of those articles is my own, published in 2003 in the journal Government Union Review (Volume 21, Number 1):

Labor History in Public Schools: Unions Get ‘Em While They’re Young

News media coverage has been minimal, although the Sacramento Bee reported briefly on AB 2269 when it was introduced, and the Visalia Times-Delta/Tulare Advance-Register even had a smaller snippet:

The Buzz: It’s Labor History Week, Er, Month – Sacramento Bee – March 23, 2012

Schools: Students Busy During Spring Break – Visalia Times-Delta/Tulare Advance-Register – April 1, 2012

Historical Background on the Union Campaign to Mandate Labor History in California Public School Classrooms

I learned in 2002 that the California Federation of Teachers’ Labor in the Schools Committee had a plan to implement a labor history program as part of the California History Social-Sciences curriculum, using teachers’ union locals and an anticipated recommendation from a future California History-Social Science advisory committee to “allow the more rapid dispersion of the curriculum throughout the state’s school districts.” I began warning legislators and interest groups to be on the lookout for related legislative and regulatory proposals.

Labor History Week was the first strike. It was approved by the state legislature and signed into law by Governor Gray Davis in 2002 as Assembly Bill 1900.

As originally drafted, AB 1900 provided $150,000 from the state’s General Fund to the State Superintendent of Public Instruction to distribute to school districts so they could buy labor history instructional materials. A huge state budget deficit at that time (some things in California never change!) helped lead to the demise of this provision. Anyone vaguely familiar with how the California State Legislature operates will guess correctly that union activists had already developed and published the labor history instructional materials.

That bill was the only success among several bills sponsored by the California Federation of Teachers (CFT) and other unions during the next few years to force labor history into California classrooms. In 2003, the California legislature considered but did not pass Assembly Bill 581, which would have required the California State Department of Education to consider a labor relations curriculum in its next determination of the state’s History-Social Science curriculum framework and accompanying instructional materials. The legislature also considered but not did pass Assembly Bill 1177, which would have required school boards to use history, social studies, and civics textbooks that include California labor history up to the present. In 2004, Assembly Bill 1872 was introduced to insert labor history requirements into the California Education Code. In 2005, Assembly Bill 1 would have required the California State Board of Education to ensure that the state curriculum and framework include instruction on the history of the labor movement in the United States and that criteria for selecting textbooks include highlighting the contributions and history of the labor movement in the United States.

In addition to the legislative process, California labor unions also tried to use the regulatory process to impose their labor history curriculum. In 2004, “Applicant #31″ for the California Department of Education’s 2005 History-Social Science Primary Adoption Instructional Materials Advisory Panel (IMAP) was a leader in the California Federation of Teachers’ Labor in the Schools Committee. According to the applicant’s profile provided by the Department of Education, Applicant #31 “designed and led professional development workshops on labor education at schools throughout the district, state, and country. She is the creator of the Collective Bargaining Education Project, which models a labor relations curriculum for secondary teachers and students, and author of Workplace Issues and Collective Bargaining in the Classroom, an award-winning interactive social studies curriculum.”

Associated Builders and Contractors (ABC) of California sent a letter to the Board of Education opposing the applicant. ABC pointed out the applicant’s conflict-of-interest as a prominent advocate for advancing the political agenda of labor unions in the public schools through instructional materials, some of which were written by the applicant. State Senator Jeff Denham (now a member of Congress) and Assemblyman Bob Dutton (now a State Senator and candidate for Congress) also wrote opposition letters to the Board of Education.

As usual, I was unable to find individuals or organizations specializing in education issues that were following the curriculum development and would be inclined to actively oppose the nominee. The Board of Education appointed the nominee to the panel, even though Applicant #31 was the only applicant who clearly represented a special interest group.

In the end, the State Board of Education adopted the History-Social Science Instructional Materials at its November 9, 2005 meeting, without any obvious infiltration of biased labor history into the process. Budget shortfalls have since brought a halt to the state’s process of continually revising and refining the History-Social Science framework. The Curriculum Development and Supplemental Materials Commission (Curriculum Commission) approved a draft History-Social Science Framework for California Public Schools for field review on July 17, 2009, but lack of funding has suspended further work on the framework.

Meanwhile, it appears from his recent News Releases that California State Superintendent of Public Instruction Tom Torlakson forgot to appease his union campaign contributors this year by issuing a press release celebrating Labor History Week. Perhaps he was too busy encouraging school districts to require their construction contractors to sign Project Labor Agreements (PLAs) with trade unions – see Project Labor Agreement Debate is as Complex as it is Conflicted – www.PublicCEO.com – March 27, 2012. So someone else of importance in California’s state government will have to wish you a belated 2012 Labor History Week.