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Labor Update
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Congratulations – LCCA congratulates Don Carlson, the recently elected Business Manager for IBEW Local 150 and Lynn Karner, elected Business Manager for Plumbers Local 93. We look forward to working with both to improve labor relations in Lake County.
MARBA Concludes Negotiations with Operators – MARBA has successfully concluded negotiation with the Operators Local 150 that resulted in a 3-year agreement. Many thanks to LCCA member John Vignocchi, John Keno & Company, one of the lead negotiators. In addition, we would like to thank the following LCCA members of the MARBA Operators Craft Committee for their contributions of time and talent:
Dick Day, DK Contractors Larry Hill, Ryan, Inc. Rick Noe, Curran Contracting Co. Steve Thelen, Thelen Sand & Gravel Bill Vignocchi, John Keno & Co. Mike Wysockey, Thatcher Foundations
Know Your (Operators) Contract Seminar August 15 – MARBA is presenting a seminar to review the changes in the Operating Engineers Contracts on Wednesday, August 15, 2007 from 8:00 - 10:00 a.m. at the Fountain Blue Banquets at 2300 S. Mannheim Road in Des Plaines.
The panel that will review the changes and answer your questions includes:
John Vignocchi, John Keno & Company Dave Rock, IHC Construction Joe Benson, Central Blacktop Chuck Murphy, Ogletree, Deakins
This seminar will benefit contractors and their field personnel in understanding the terms and conditions of the contract. The cost to attend this program is just $25 and is free for MARBA Craft Committee Members. To register, call the LCCA Office at (847) 623-2345 or CLICK HERE to register online.
Labor Costs Now Set - Almost all the unions have settled and made distributions for their increases. Here are the unions ranked by their total annual wage/benefit packages:
Increase Total Package
Ironworkers, Local 1 3.00 $ 62.94 + Electricians, Local 150 2.957 $ 60.518 + Operating Engineers, #150 Build 3.70 $ 60.48 + Operating Engineers, #150 HHU 3.70 $ 58.68 + Ironworkers, Local 63 3.00 $ 58.06 Sheet Metal Workers, Local 73 3.20 $ 57.88 + Plumber’s, Local 93 3.40 $ 57.42 Sprinkler Fitters #281 3.00 $ 56.90 Pipefitters, Local 597 3.25 $ 57.61 Heat & Frost Insulators, Local 17 3.50 $ 56.33 Cement Masons, Local 11-362 3.25 $ 54.06 Carpenters, Commercial 3.25 $ 54.27 + Glaziers, Local 27 3.25 $ 53.87 Bricklayers, Distr. Council 3.20 $ 53.81 + Tile Layers, #67 3.10 $ 51.06 Painters District Council #14 2.40 $ 50.04 + Roofer’s #11 - $1.45 due 12/1/04 2.75 $ 46.27 Laborers District Council 3.00 $ 47.27 Automobile Mechanics #701 2.00 $ 42.39 Teamsters, Local 301 (Group 1) 1.85 $ 41.63
The average increase this year was $2.99, an 8.6% increase from 2006. Meanwhile, the Total Package, wages and fringes together, increased only 6% from 2006. It is interesting to note that more and more money is being distributed to the benefit funds. Total Packages with a “+” following the dollars indicates more than half the distribution went to H&W and Pension.
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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