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| August 1, 2010 |
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| Table of Contents
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LCCA Golf Outing
LCCA Golf Outing
Thursday, August 5, 2010
Midlane Golf Resort 4555 W. Yorkhouse Wadsworth, IL
IT’S TEE TIME!! ARE YOU READY?!! Now is the time to make your reservations for LCCA’s Annual Golf Outing. A few tee times are still available for the morning.
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| From
the President by Rick Grabowski |
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We certainly are not going to beat a dead horse, but just to throw a few statistics at you, consider the following:
- In the media it was stated that Governor Quinn’s office stepped in to “get the negotiations going and got the deals settle”. Let me assure you that the Governor’s office placed one phone call to a member of our negotiating team. That call was placed weeks ago when the strike was first contemplated. Governor Quinn NEVER interceded and further more sat back and watched from far away. The Negotiating Team efforts were the only factor in resolving these contracts.
- Illinois ranks almost dead last for states recruiting new business!
- With unemployment at 10%, under-employment for the union trades is between 30-40%.
- This is the lowest increase for union labor in ten years. Back in 2000, the unions gained a 3% per year increase.
- In the past ten years, the unions have enjoyed a 70% increase in wages and benefits. That’s nearly 40% higher than the cost of living!
With all the above being said, I just wanted to comment to the majority of you who feel we didn’t “get it done”. To the contrary, I feel we did a fairly good job in scaling back on what was demanded by the unions.
Moving forward, we must now focus on retaining the trust and confidence that our clients have in us, as well as building new relationships. Both these tasks will not be easy in a market of a weak economy, higher wages, very little work, etc.
On a more pleasant note, we look forward to our LCCA Golf Outing. If our Golf Chairman, Scott Nelson holds to his commitment for us to have good weather, we will all have a great time! I know that the LCCA office staff has been working very hard and putting a lot of effort into making this a “first class” event.
MEMBERSHIP: Are all of you thinking about bringing a new member into the Association?? If not, why don’t you consider talking to a business partner, supplier, or an associate? We need to lend a helping hand to our struggling Membership Committee. It’s a tough job in these times!
SEARCH COMMITTEE: From what I hear, there are some fairly qualified resumes’ in the hands of the team. I’m anxious to see what happens next. The time is coming near and I’m certain there will be a selection process to come soon.
In closing, I will report to you that at the last Board of Director’s meeting, a motion was made with a second, and all were in favor of selling the Trail Blazer once driven by our Executive Vice President. I believe this vehicle is for sale in an “as is” condition. If anyone is interested in this vehicle, please contact me.
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Directory Ready
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The 2010-2011 LCCA Membership Directory will be sent out early this month. We want to thank you for your patience. If you would like additional copies of the directory, just call the LCCA Office. They are free for LCCA members. Be sure to check your listing to make sure it is correct. The same database that powers our website also provides the listing for the directory. If your listing is wrong in either, it is wrong in both.
In addition to members, the directory will be sent to Architects and Engineering companies, all municipalities in Lake County and many government officials. Each year lots of additional copies are requested so we know they use the directory. Top
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Annual Awards Given in November
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It is not to early to be thinking about entering a project in the LCCA APEX Awards Program that will recognize a project in Lake County built by LCCA members. Remember, ANY project completed in the last year in Lake County or a contiguous county is eligible -- be it a road, utility, excavation or building. Look for your Project of the Year entry form in the mail in the next month.
Eligibility - The Project of the Year Award will be presented to a Lake County project completed within the last 12 months. Nominees may be submitted by any LCCA member associated with the project. Any type of construction project is eligible for the award – building, road, utility, etc. – large or small – new construction or rehab.
Judging Criteria - Entries will be judged on:
- Quality of construction
- Design/Engineering
- Impact on the community
- Spirit of cooperation among parties
- Safety record
Past winners include:
2009 – Building – Lovell Federal Health Care Facility – Jos. J. Henderson Road/Excavation – Darrell Road Improvements – Berger Excavating Contractors Utility – Des Plaines River Water Reclamation Facility – Concord Construction Services 2008 – Volo Village Hall – Stuckey Construction Co. 2007 – Hinkston Park Field House – W.B. Olson 2006 – Gurnee Community Bank – Jos. J. Henderson 2005 – Lake Forest Water Treatment Plant – Jos. J. Henderson Top
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Office Holiday
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The LCCA Office will be closed on Monday, September 6, in celebration of Labor Day. For most unions work on Labor Day, will be at premium holiday rate and in most cases, only to “save life or property.” Check your own labor agreements for exact language. Top
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Golf Outing
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LCCA Golf Outing at Midlane Thursday, August 5, 2009
Last call for LCCA’s Annual Scramble Golf Outing at Midlane Golf Resort in Wadsworth, on Thursday, August 5, 2010! If you still wish to participate, call the LCCA Office today. The afternoon is full but space remains available in the morning.
The morning shotgun will start at 7:00 am and our afternoon shotgun will begin at 1:30 pm. A light breakfast in the morning, great barbeque lunch and a light dinner will be included.
Door prizes will be raffled off at lunch and golf prizes (low net, closest to the pin, etc.) will be announced at the evening reception. Top
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Golf Sponsors
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Thank You Golf Sponsors
Several LCCA Members and local unions have graciously volunteered to be sponsors of the 2010 LCCA Golf Outing. If we are going to be able to provide free beer on the course, we need three more sponsors. Consider being a Gold Beverage Cart Sponsor. Sponsors to date include:
Gold Special Event Hole Sponsor: H.H. Holmes Testing U.S. Cellular Waukegan Roofing
Silver Beer Cart Sponsor: Camosy Construction Chicago Area LECET Hard Rock Concrete Cutters Prinmar Corporation / Stuckey Construction Waukegan Roofing
Bronze Hole/Evening Reception Sponsor: Best Sanitation The Blue Book Bornquist, Inc. Burris Equipment Curran Contracting Company Jos. J. Henderson & Son Lake County Building Trades NorStates Bank Patten Industries Riley Construction Thelen Materials, Inc. The VanderBloemen Group Vulcan Construction Materials Top
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Labor Update
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Contracts Being Prepared – Agreements for the recently concluded labor negotiations are being reviewed and will soon be ready for distribution. IF YOU ASSIGNED BARGAINING RIGHTS, you will automatically receive a copy of the agreement when it is ready. If you did not assign bargaining rights, you may still request a copy of the agreement but please remember that YOUR agreement will be whatever you signed at the end of the negotiations. You should make sure you have a copy of that agreement for your files.
Copies are available by calling the LCCA Office and they will be posted in the MEMBERS ONLY section on the website.
CAICA Calling! - The “Chicago Area Independent Construction Association” (CAICA) has been sending some contractors faxes claiming you are members and they are your labor advocate. Do Not Respond to these invitations. You have no obligation to respond or “join.”
CAICA was created by the Laborers District Council at the conclusion of the 2008 negotiations as a place to redirect industry fund money that had traditionally gone to MARBA associations. Most recently, the Operators also “settled” with this group and posted many contractors names on their website as being members and bound to their agreement.
If you are receiving faxes informing you that you are a “member” of CAICA or if you have any questions, call the LCCA Office. Always feel free to send us notices referring to any and all unfamiliar association or union requests so we can answer or help you.
Remember that some associations had “mandatory assignment of bargaining rights” as part of their bylaws. If you were a member, you were signatory to any agreement they negotiated. Most associations, including LCCA, dropped they provision in the 1980’s but CAICA may have this provision. Be careful what you sign and agree too!
Union Audits – What is Required? – All union contractors are subject to being audited by the unions they are signatory to. The question we get asked most frequently is “What can they ask me to produce?” The following will help answer this question.
Record Production During The Audit - Although the precise course of fringe benefit fund audit depends on the particular fund and its auditors, there are certain business records that most auditors will request. Some are fair game - others are not. The following checklists provide a summary of the more typical categories of documents sought in an audit and which ARE "fair game".
- Company tax records, including quarterly and annual payroll tax returns (e.g., Form 941, annual form W-2 and W-3, Form 1099, and state quarterly unemployment tax returns (Form UC-3).
- Payroll journals/registers showing employee's social security number, hourly rates, hours worked, and total income.
- Time cards/sheets showing the hours and days worked by each employee.
- Company general ledger.
- Cash disbursement journal/records.
- Contribution reports to all unions representing the employer's employees.
- Subcontracting records, showing the identity of the contractor, the nature of work performed and location, the amounts paid under the contract, and related 1099's.
- Accounts payable register/journal.
- Certified payrolls for publicly-funded jobs subject to either Davis-Bacon Act or Illinois Prevailing Wage Act.
- Employee personnel files, to the extent necessary to show identifying information, rates of pay, job classifications, and the like.
- Cancelled checks/bank records for company payroll accounts, miscellaneous disbursements and accounts payable.
- Corporate books/minutes showing company ownership and compliance with "corporate formalities".
- Records pertaining to commonly owned businesses engaged in same/similar industry.
- Workers compensation insurance payment data.
The following records customarily would not be subject to production in a fringe benefit audit (keeping in mind that depending on the facts of a case, a court might order "far reaching" document production):
- Company owners' personal tax returns and records (unless employer is a partnership or sole proprietorship).
Company managers and spousal personal investment and/or ownership records.
Confidential employee personnel information (e.g., medical records, workers compensation case records, ADA-compliance information).
Company trade secrets/related information.
Records of commonly-owned unrelated companies which are engaged in different work than the signatory company. (NOTE: as in many alleged "alter ego" cases, payments from the signatory company to other commonly-owned business are a "red flag" for auditors which may justify a review of the other company's records).
Personal bank records of company owners.
Company records beyond the period called for in the audit letter, and/or beyond the statue of limitations (which may be between 5 and 10 years). Top
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Safety Update
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Ten Suggestions to Help Workers Stay Cool
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Encourage workers to drink plenty of water (without salt) --about one cup of cool water every 15-20 minutes, even if they are not thirsty.
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Help workers adjust to the heat by assigning a lighter workload and longer rest periods for the first five to seven days of intense heat. And this process needs to start all over again when a worker returns from vacation or absence due to illness or injury.
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Encourage workers to wear lightweight, loose-fitting, light-colored clothing. Workers should change their clothing if it gets completely saturated.
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Learn to spot the signs of heat stroke, which can be fatal. The symptoms are severe headache, mental confusion/loss of consciousness, flushed face, and hot, dry skin. If someone has stopped sweating, seek medical attention immediately. Other heat-induced illnesses include heat exhaustion, heat cramps, skin rashes, swelling and loss of mental and physical work capacity.
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Train first aid workers to recognize and treat the signs of heat stress. Be sure that all workers know who is trained to render first aid. Supervisors also should be able to detect early signs of heat-related illness and permit workers to interrupt their work if they become extremely uncomfortable.
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Consider a worker's physical condition when determining fitness to work in hot environments. Obesity, lack of conditioning, pregnancy and inadequate rest can increase susceptibility to heat stress.
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Alternate work and rest periods, with longer rest periods in a cooler area. Shorter, but frequent, work-rest cycles are best. Schedule heavy work for cooler parts of the day and use appropriate protective clothing.
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Certain medical conditions, such as heart conditions, or treatments like low-sodium diets and some medications, increase the risk from heat exposure. Seek medical advice in those cases.
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Monitor temperatures, humidity and workers' responses to heat at least hourly.
(Source: OSHA Regional News Release)
New Standard for Cranes & Derrick
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released a historic new standard, addressing the use of cranes and derricks in construction and replacing a decades old standard. The significant number of fatalities associated with the use of cranes and derricks in construction and the considerable technological advances in equipment since the publication of the old rule, issued in 1971, led the Labor Department to undertake this rulemaking.
In 1998, OSHA’s expert Advisory Committee on Construction Safety and Health (ACCSH) established a workgroup to develop recommended changes to the current standard for cranes and derricks. In December 1999, ACCSH recommended that the Agency use negotiated rule making to develop the rule. The Cranes and Derricks Negotiated Rulemaking Committee (C-DAC) was convened in July 2003 and reached consensus on its draft document in July 2004. In 2006, ACCSH recommended that OSHA use the C-DAC consensus document as a basis for OSHA’s proposed rule, which was published in 2008. Public hearings were held in March 2009, and the public comment period on those proceedings closed in June 2009.
- The rule becomes effective 90 days after August 9, 2010, the date the final rule will be published in the Federal Register. Certain provisions have delayed effective dates ranging from 1 to 4 years.
- A copy of the regulatory text is available at: http://www.osha.gov/doc/cranesreg.pdf
- Until the date of publication, the full rule, including the preamble, can be found at http://www.ofr.gov/inspection.aspx. After publication, the rule can be found at the Federal Register or at www.osha.gov.
- This new standard will comprehensively address key hazards related to cranes and derricks on construction worksites, including the four main causes of worker death and injury: electrocution, crushed by parts of the equipment, struck-by the equipment/load, and falls.
- Significant requirements in this new rule include a pre-erection inspection of tower crane parts; use of synthetic slings in accordance with the manufacturer’s instructions during assembly/disassembly work; assessment of ground conditions; qualification or certification of crane operators; and procedures for working in the vicinity of power lines.
- This final standard is expected to prevent 22 fatalities and 175 non-fatal injuries each year.
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