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07-14-2008, 10:39 PM
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#1
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Senior Member
Join Date: Jul 2008
Location: Texas
Posts: 336
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Need union memebers thoughts on this
What do you union members think could or should be done to help this situation. The town I am in lost it's hall a few years back. There is only one union contractor here now. Last year this contractor had a $1,300,000 job it was awarded. When the job got far enough along, this contractor put in a call for 6 men, they only got 2, kept putting in calls and could get NO one to answer the call, when the job was well along the contractor had to up the wages plus pay per diem plus make the job 6-10's to get men here. Lets just say it cost this contractor some big bucks and now makes it where they are affraid to bid work, seeing how they do not know if they can get the men.
So the hall always makes the contractor toe the line as far as the local contract is concerned, but they do not hold up their end of the contract to furnish the men for work.
Hopefully I have written this where you can understand my question, so what are your thoughts on this?
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07-14-2008, 10:49 PM
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#2
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a real PITA
Join Date: Dec 2007
Location: N. Central Indiana/ SW Michigan
Posts: 885
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in our contract, if the hall cannot provide men, the contractor actually can hire off the street. They have to be paid union scale of course.
it sounds like this guy needs to set down with the union leaders and ask them how they intend on correcting the problem. That is one of the few true reasons a contractor remains union but if they do not have access to a ready workforce, that huge benefit is gone and non-union starts to look might tempting.
The hall should be working to remedy the situation as hard as the guy is trying to find work for the members.
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07-14-2008, 10:58 PM
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#3
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Senior Member
Join Date: Jul 2008
Location: Texas
Posts: 336
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Quote:
Originally Posted by nap
in our contract, if the hall cannot provide men, the contractor actually can hire off the street.
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I agree, but doesnt this let the hall off the hook the easy way? Kind of like the hall saying the contractor has to abide by the rules, but if we can not then we have a easy out for us.
Last edited by BDB; 07-14-2008 at 11:01 PM.
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07-14-2008, 11:17 PM
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#4
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Senior Moment
Join Date: Dec 2007
Location: Amite, LA
Posts: 456
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What do you think the contractor should do? You said the local hall closed, did they merge with another local? Was this job site so far out that even travelers did not want to take the call? Your profile says that your an EC what is the liability if you can not perform and complete the awared contract as scheduled? I'am not sure but is Texas a right to work state? Sorry for so many questions to yours but, if a contractor wants to remain a signatory contractor the local better get it together or plan on losing the contractor and their jobs.
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07-15-2008, 05:46 AM
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#5
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"A" inside wireman
Join Date: Sep 2007
Location: Ocean, NJ
Posts: 3,951
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This seems odd from my local stand point. We also have the option of having a contractor bring in guys off the street if the local can't provide men but, I have never heard of this being done. What was up with the job site that guys didn't want to go there? Did JWs not like this EC for some reason? There maybe more to the story than meets the eye.
__________________
A Veteran - whether active duty, retired, guard or reserve - is someone who, at one point in his life, wrote a blank check made payable to "The United States of America," for an amount of "up to and including my life."
"One Nation Under God"
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07-15-2008, 08:36 AM
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#6
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Senior Member
Join Date: Jul 2008
Location: Texas
Posts: 336
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Quote:
Originally Posted by rlc3854
What do you think the contractor should do?
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I wish I knew the answer to this.
Quote:
Originally Posted by rlc3854
You said the local hall closed, did they merge with another local? Was this job site so far out that even travelers did not want to take the call?
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Yes,International merged the area with another Local, About 150 miles from each other.
Quote:
Originally Posted by rlc3854
Your profile says that your an EC what is the liability if you can not perform and complete the awared contract as scheduled?
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On a job that size, the GC usually makes the electrical Bond his portion of the job, If you do not get the work done the GC puts you in default and your bonding company takes over, They Bonding Co. uses your assets as far as they will go then they have to foot the bill to get it finished, so in short the answer would be, you would probably have to file Bankruptcy and be out of business.
Quote:
Originally Posted by rlc3854
I'am not sure but is Texas a right to work state? Sorry for so many questions to yours but, if a contractor wants to remain a signatory contractor the local better get it together or plan on losing the contractor and their jobs.
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Yes, Texas is a right to work State
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07-15-2008, 08:48 AM
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#7
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Senior Member
Join Date: Jul 2008
Location: Texas
Posts: 336
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Quote:
Originally Posted by randomkiller
This seems odd from my local stand point. We also have the option of having a contractor bring in guys off the street if the local can't provide men but, I have never heard of this being done.
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That has become the hall's favorite saying around here.
Quote:
Originally Posted by randomkiller
What was up with the job site that guys didn't want to go there? Did JWs not like this EC for some reason? There maybe more to the story than meets the eye.
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As you probably know, I am the contractor in question, I myself was on the job site ALOT. And got to know and talk to a bunch of the men that finally came down. So all I can tell you is what I was told. The ones that I talked to said that they really liked working on this job. And liked working for the company. But the 150 miles from the hall is what keeps people from working here. Which I can see, but what is a contractor to do, 1. Go nonunion? Company has been Union for 50 years, myself for 28 years. 2 Close down the shop? 3. Just bid small 1-2 men project? (might as well close up)
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07-15-2008, 03:56 PM
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#8
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Senior Member
Join Date: Mar 2007
Location: Leesburg VA
Posts: 6,508
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When we are booming men are hired off the streets all the time, it is the locals job to make them permanent members.
If the IBEW is falling down on the job, this contractor needs to do what need to be done. It is you job and the locals to make them permanent members.
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07-15-2008, 04:05 PM
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#9
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a real PITA
Join Date: Dec 2007
Location: N. Central Indiana/ SW Michigan
Posts: 885
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I haven't researched your scale but Texas is notorious for having low wages so I would suspect travelers don;t head that way often unless there is absolutely no work elsewhere. That could make it tough.
Quote:
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RK posts: We also have the option of having a contractor bring in guys off the street if the local can't provide men but, I have never heard of this being done.
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It has been a very long time since it has happened in my area. They are referred to as "white tickets" around here. In the past 20 years or so, there has been enough men to man any job that has come up so it has not been needed to be implemented.
Right to work state; From what I understand, the employee cannot be forced to join a union but that does not remove the contractual agreement the contractor has with the union to hire only union workers or workers referred from the hall. That is outside what the law controls.
So BDB, what did the hall say when you sat down with them and said you either need manpower or you will be forced to go non-union?
Quote:
Quote:
Originally Posted by nap
in our contract, if the hall cannot provide men, the contractor actually can hire off the street.
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Quote:
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BDB posted: I agree, but doesnt this let the hall off the hook the easy way? Kind of like the hall saying the contractor has to abide by the rules, but if we can not then we have a easy out for us
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How does that let them off the hook? There are simply times where the manpower is not available so to prevent injury to a contractor, this rule allows the contractor to find the men needed to man the job. It is not a preferred method to use by either side but it does allow for the EC to do what it takes to engage enough manpower for a job.
Bottom line: the hall cannot force a worker to accept an assignment. That is why some EC's have to pay premiums for crappy jobs.
So, are you allowed to hire off the street if the hall cannot supply the manpower (and no, having to pay premiums to get the men is not considered being able to supply manpower)? If so, hire guys locally, get them into the union and simply keep them on your payroll, if you have enough work to keep them busy. You do seem to have an odd situation with the proxmity to the hall but you should not be penalized because of that.
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07-15-2008, 04:48 PM
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#10
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"A" inside wireman
Join Date: Sep 2007
Location: Ocean, NJ
Posts: 3,951
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I don't see the relationship of the distance from the job to the hall. I haven't been to my local in the last three years. In a place like Texas it seems it should be less important.
__________________
A Veteran - whether active duty, retired, guard or reserve - is someone who, at one point in his life, wrote a blank check made payable to "The United States of America," for an amount of "up to and including my life."
"One Nation Under God"
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07-15-2008, 06:07 PM
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#11
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a real PITA
Join Date: Dec 2007
Location: N. Central Indiana/ SW Michigan
Posts: 885
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it seems like it would make union meetings tough to attend
actually, what I often see is the further from the hall you are, the less the hall tends to be involved, if for no other reason, it is difficult to visit jobsites regularly and most communications are via telephone, which often tend to be less fruiful than a face to face meeting. While it can work, the phrase "out of site; out of mind" seems to be somewhat applicable.
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07-15-2008, 06:43 PM
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#12
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Senior Member
Join Date: Jul 2008
Location: Texas
Posts: 336
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Quote:
Originally Posted by nap
So BDB, what did the hall say when you sat down with them and said you either need manpower or you will be forced to go non-union?
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Well the way the Union contract is done, it can be a 2-4 year time table to get out. Unless they decide not to fight you on it, but we have been told , with us being the only Union contractor here , they would fight it, BTW, there are approx. 35 electrical contractors in this town.
Quote:
Originally Posted by nap
How does that let them off the hook?
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Let me first state (just so everyone knows), I am NOT arguing or Union bashing, likeI said, I have been Union for 28 years. The big thing for a contractor to be Union, and the selling point for a contractor to customers is being able to get and man a job. Aa a contractor I feel the main thing "I" get out of being union is getting men when needed, other then that "I" as a contractor really doesnt get anything else from the Union. So if I can not get men then I do not see what the Union is doing for the contractor. So that is where I say "it lets them off the hook" as in , they are no longer doing the part that I get out of being Union. Maybe I explained that where someone can understand it.
Quote:
Originally Posted by nap
So, are you allowed to hire off the street if the hall cannot supply the manpower
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Contract wise, yes, But everyone in this town knows we are Union, and majority of men here are very anti union due to some pass situations, so they will not even fill out an application.
Quote:
Originally Posted by nap
You do seem to have an odd situation with the proxmity to the hall but you should not be penalized because of that.
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Yes, I have told the Hall we are the red headed step child of the local.
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07-15-2008, 06:45 PM
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#13
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Senior Member
Join Date: Jul 2008
Location: Texas
Posts: 336
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Quote:
Originally Posted by nap
actually, what I often see is the further from the hall you are, the less the hall tends to be involved, if for no other reason, it is difficult to visit jobsites regularly and most communications are via telephone, which often tend to be less fruiful than a face to face meeting. While it can work, the phrase "out of site; out of mind" seems to be somewhat applicable.
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I agree 100%, that is why I am asking members here for ANY suggestions, because the Hall just gives the same answers over and over.
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07-15-2008, 07:18 PM
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#14
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a real PITA
Join Date: Dec 2007
Location: N. Central Indiana/ SW Michigan
Posts: 885
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speak with an attorney. Your contract may be written that the failure of the hall to provide manpower may be seen as a breach of contract and allow you to terminate the contract.
they may fight it but if you are adversely affected by their fight, you may have an additional claim for damages incurred because of their failure to supply the manpower and intentionally delaying your ability to seek manpower elsewhere.
Obviously I do not have enough info to make any real determination and I am not an attorney anyway so my best suggestion to you is speak with an attorney to find out what you can legally do and the quickest way to a resolution with the union.
If you have rights to terminate your contract, I would first have the attorney write a letter stating such but before such a termination action is taken, allow the union to attempt to remedy the situation (presuming you would like to remain union if feasible.)
whoops. I missed one of your posts. I see you can hire off the street. This puts a big crimp in any action avaiable to you. The union can;t be blamed for the locals actions.
I suggest you start attempting to recruit electricians. Not knowig the union scale versus the local average, I find it hard to believe you can't get at least out of work electricians to work for you. At some point, most folks worry more about eating than union v. non-union.
Last edited by nap; 07-15-2008 at 07:21 PM.
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07-16-2008, 10:31 AM
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#15
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Senior Member
Join Date: Jul 2008
Location: Texas
Posts: 336
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Quote:
Originally Posted by nap
I find it hard to believe you can't get at least out of work electricians to work for you.
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That is the other problem, there really isn't any non union out of work electricians here. This is just a situation that I have not been able to come up with a good answer on.
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07-16-2008, 10:42 AM
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#16
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Senior Member
Join Date: Mar 2007
Location: Leesburg VA
Posts: 6,508
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Quote:
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That is the other problem, there really isn't any non union out of work electricians here. This is just a situation that I have not been able to come up with a good answer on.
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1. Keep us abreast of this as it progresses.
2. No out of work open shop guys, either your scale is too low to attract new men or the open shops are doing a good job with pay and bennies.
If there is full employment in the area the only way to attract new blood is money.
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07-16-2008, 10:59 AM
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#17
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Senior Member
Join Date: Jul 2008
Location: Texas
Posts: 336
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Quote:
Originally Posted by brian john
2. No out of work open shop guys, either your scale is too low to attract new men or the open shops are doing a good job with pay and bennies.
If there is full employment in the area the only way to attract new blood is money.
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The open shops here pay a little less then union scale, but with us being the only union they see that we do not get the majority of work and know they have a better chance at stable work where they are at.
As far as
Quote:
Originally Posted by brian john
the only way to attract new blood is money.
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, we can not pick the work up now very easy with the scale we have, so going higher just puts us even further apart on bids.
Last edited by BDB; 07-16-2008 at 11:01 AM.
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07-16-2008, 01:46 PM
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#18
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Senior Member
Join Date: Mar 2007
Location: Leesburg VA
Posts: 6,508
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In markets where union is marginal this has always been an issue. Union shop owners in these markets generally make less than their open shop counterparts. Just something a man has to learn to live with.
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08-02-2008, 12:36 AM
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#19
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Junior Member
Join Date: Aug 2008
Location: Los Angeles
Posts: 19
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On Book 1
What city is that and how can I move there?
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08-02-2008, 11:14 PM
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#20
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Senior Member
Join Date: Jun 2008
Location: ohio
Posts: 113
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Fuel prices will play a huge part in getting out of town manpower. All this money we provide with cope these politicians need to get a grip on this oil thing.
Don't get me started on gas prices.
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