AGC News & Bulletins - News & Views -- June 16, 2000

Philadelphia, Pennsylvania, the City of Brotherly Love and the site of the birth of our nation's independence is the location for AGC's 2000 Midyear Meeting, September 21-24, 2000. In Philadelphia, men and women gathered years ago to shape the vision of this country. At this year's Midyear Meeting, I am inviting you to Philadelphia to shape the vision of AGC and the construction industry as we hold the first AGC Midyear Meeting of the new millennium.

What kind of association do we want? How do we address the issues of today? What markets do we anticipate...and how do we compete in them?

These and many other issues will be discussed in the informative committee meetings, division sessions, forums and seminars at AGC's 2000 Midyear Meeting.

As already mentioned, AGC's 2000 Midyear Meeting takes place in Philadelphia, September 21-24 at the Marriott Hotel--right in the heart of downtown. At the Marriott, you are within easy walking distance of many historical sites--Independence Hall, Carpenter's Hall, the Liberty Bell and others. Philadelphia also offers something for everyone--wonderful museums, parks and shopping districts--as well as easy access from all parts of the country.

While we will plan for the future, we will also have time to renew old friendships and make new acquaintances through the wonderful social functions.

Make your plans now to attend the 2000 Midyear Meeting in Philadelphia, September 21-24, 2000--and be a part of

AGC heightened its lobbying activities surrounding the June 9 vote by the House of Representatives on the controversial estate tax legislation (H.R. 8) that passed by a 279 to 136 margin. This measure, sponsored by Reps. Jennifer Dunn (R-Wash.) and John Tanner (D-Tenn.), would gradually eliminate the death tax over a period of years with full elimination coming in 2010. In addition, this bill also changes the unified credit to a true exemption (thereby lowering the initial death tax rate from 37 percent to 18 percent.) For inherited assets subsequently sold, the bill eliminates the step-up in basis for all but $1.3 million in inherited assets (spouses can receive a step-up for an additional $3 million in assets for a total of $4.3 million.)

In support of death tax lobbying efforts, AGC members have generated hundreds of calls, letters and e-mails to their congressional representatives. AGC sent each Representative a toy model of construction equipment to illustrate that the capital investment required of construction companies makes them especially vulnerable to the death tax. AGC also placed ads in Roll Call and The Hill newspapers, both widely read on Capitol Hill, and continues to make personal visits to Member offices to ask them to support the elimination of the death tax. Additionally, AGC held a media briefing in early June at the AGC townhouse. As a result of the briefing, National Public Radio, Congress Daily and the Bureau of National Affairs (BNA) covered the event in their news reports.

As H.R. 8 passed the House by a comfortable margin, AGC's next focus is on the Senate where Sen. Jon Kyl (R-Ariz.) has sponsored similar legislation (S. 1128).

For additional information, contact Phil Thoden at 703-837-5364 or via e-mail at thodenp@agc.org. Or click here.

AGC building contractor members are encouraged to participate in the June 2124, 2000, Building Division meeting in La Jolla, Calif., at the Hilton Torrey Pines. Meetings will include the Building Division Coordinating, Industry Liaison and Project Delivery Committees. The Governmental Affairs Committee meeting will involve participation from the General Services Administration, the largest real estate organization --public or private--in the United States. Discussion items will cover past performance, e-commerce and construction, industry trends/outlook, real estate development and finance, and the American Institute of Constructors (AIC) Constructor Certification Program.

The Building Division meeting provides an excellent opportunity for AGC's contractor members to network with more than 100 of your peers, participate in educational forums and relax at social events. There is no registration fee and all are welcome to attend. Sign up now as the deadline is fast approaching.

A related group, the Private Industry Advisory Council (PIAC), will also be meeting at the Hilton that week. This group includes a select number of Fortune 500 owners whose design and construction managers meet with AGC contractors to discuss issues of mutual concern. The first industry general conditions document jointly drafted with owners, AGC Contract Document No. 200, was the direct result of a meeting such as the one that will take place in California.

For more information, please contact Dirk Haire at 703-837-5313 haired@agc.org, or Damian Hill 703-837-5365, hilld@agc.org.

AGC recently helped establish the Water Infrastructure Network (WIN), a consortium of 22 stakeholder associations and governmental entities involved in promoting federal water and wastewater investment. On April 12, WIN announced the release of the study Clean & Safe Water for the 21st Century. The study, based on the draft EPA Gap Analysis, describes a 23 billion-dollar per year shortfall in water and wastewater infrastructure investment. The press conference announcing the release of the study was hosted by the Water Infrastructure Caucus, a new bipartisan congressional caucus dedicated to promoting federal water and wastewater infrastructure investment.

For additional information on WIN, contact Stu Megaw at 703-837-5321 or via e-mail at megaws@agc.org. The entire clean water study can be downloaded by clicking here.

Recently, OSHA announced that the PNC Firstside Center project, managed by AGC member Dick Corporation, achieved Voluntary Protection Program (VPP) STAR status. The VPP STAR distinction is presented to individual construction sites that demonstrate a strong commitment to safety in the workplace, and the PNC Firstside Center is the first construction project in the state of Pennsylvania to be recognized with VPP STAR status.

OSHA Regional Administrator, Richard Sultan, presented David Dick, CEO of Dick Corporation, with a VPP certificate and flag at an awards ceremony on May 2, 2000. The flag will be flown over the work site throughout the duration of the project, which is scheduled for completion later this year. The PNC Firstside Center is a five-story, 620,000 square foot office building that will serve as the main headquarters for PNC Bank's northeast operations.

For additional information on qualifying for VPP status, contact Carolyn Guglielmo at 703-837-5331 or via e-mail at guglielc@agc.org.

The AGC Online Institute has introduced a new class for improving written communications skills in response to member concerns over the marginal writing skills of recent hires. Written Communications concentrates on basic grammar, punctuation, and sentence context, utilizing construction-related words and themes throughout the exercises. The three-module class--Fundamentals, Common Writing Problems and Creating Better Documents--requires about three hours to complete, and costs $75 for AGC members. This class is ideal for time constrained project managers and others who wish to sharpen their memo, letter and report writing skills.

For additional information on this or other classes offered via the AGC Online Institute, contact Ernie Jones at 703-837-5316 or at jonese@agc.org.

State PAC Chairs and Chapter Executives should make plans now to attend your regional AGC PAC meeting. These meetings are designed to assist AGC members in understanding local congressional candidates and their campaign platforms. Among the many issues discussed at these meetings will be the action AGC members can take at the local level to assist National AGC's lobbying efforts.

Scheduled meetings are as follows: Regions I, II and III will meet in Philadelphia on June 6; Region IV will meet in Atlanta on July 12; Regions V and VI will meet in Chicago on July 11; Regions VII and VIII will meet in Dallas on July 13; and Regions IX and X will meet in San Francisco on June 29. All of the meetings are conveniently located near airports and typically wrap up by 3:00 p.m.

For additional information on your region's candidates or if you are interested in attending one of these meetings, contact AGC's new PAC Director Sonja Simmons at 703-837-5386 or via e-mail at simmonss@agc.org.

Recently, a New York contractor brought to the Government Accounting Office's (GAO) attention the improper solicitation of contracts in a Corps of Engineers Indefinite Delivery/Indefinite Quantity (IDIQ) task order for the closing of a military installation.

AGC member Ocuto Blacktop & Paving Co., Inc., discovered that the Corps had issued work, which was subject to local business preference, to a non-local contractor. As required under the National Defense Authorization Act § 2912, "preference, to the greatest extent practicable, must be given to qualified businesses located in the vicinity of a military installation and to small businesses and small disadvantaged businesses." The objective in this case is to encourage solicitation of bids from local and disadvantaged contractors before awarding a project to any contractor for work done on the closing or realignment of a military installation. Ocuto successfully raised this question to the GAO who, in turn, stated, "Congress directs that preference be given to the greatest extent practicable, an agency must either provide the preference or articulate a reasonable explanation of why it is impracticable to do so." The GAO recommended that Ocuto be reimbursed for all its reasonable costs and attorneys' fees associated with this filing.

For a complete copy of the decision, contact Jim Krause at 703-837-5325 or via e-mail at krausej@agc.org. For additional information on AGC/Corps issues, attend the AGC/Corps of Engineers Committee Meeting July 13, 2000, in Washington, D.C.

In late April, the Occupational Safety & Health Administration (OSHA) made "The Worker's Page" available at www.osha.gov. This new online resource gives employees an option for electronically filing formal complaints about safety and health hazards at their construction sites.

According to OSHA, the website is an easy-to-use system that requires complainants to enter a few fields of information, including their name, telephone number, and the employer's name, a description of the hazard and its location. OSHA estimates that it will take about ten minutes to complete the online complaint form and send it. The form is automatically forwarded to the appropriate OSHA office within the complainant's state. All online complaints will be investigated and may be resolved with the employer informally by telephone and fax. Those complaints not resolved via fax or phone are likely to result in on-site inspections of construction projects by OSHA.

The Occupational Safety and Health Act of 1970 gives employees the right to file complaints about workplace safety and health hazards. In addition, the act gives complainants the right to request that their name not be revealed to their employers.

For information on protecting your company with safety training and employee education, contact Carolyn Guglielmo in AGC's Safety & Health Department at 703-837-5331 or via e-mail at guglielc@agc.org.

The AFL-CIO's Building and Construction Trades Department (BCTD) held its Annual Legislative Conference April 35 in Washington, D.C. Several AGC of America representatives attended the "Topping Out" party in honor of Robert A. Georgine. Georgine retired on April 15 after 26 years as BCTD president. Edward C. Sullivan, general president of the International Union of Elevator Constructors, will serve the remainder of Georgine's term, which expires in July. Sullivan is expected to run for election for the next five-year term, but is likely to face challenges by other union leaders.

Later in the conference, the BCTD launched a multi-craft campaign targeting temporary employment agencies and the contractors that use them. Georgine and Jeff Grabelsky, BCTD's director of organizing, spoke about the "threat" to unions that is posed by these agencies that supply temporary workers to the construction industry. The campaign to derail these temp agencies will include an organizing element to gain representation of workers referred by temporary agencies, as well as an educational element designed to inform unions about the alleged dangers of such agencies. Additionally, Grabelsky expressed the need for a legislative strategy to "rein in" temp firms.

For additional information, contact Denise Gold at 703-837-5326 or via e-mail at goldd@agc.org.

Greater Detroit Chapter Participates in "Growth" Conference

Recently, the Michigan Smart Growth Coalition held a conference to address the growth issues facing their community. Quality growth is AGC's answer to environmentalists attempts to stop sound American infrastructure and transportation development, and is currently a hot issue in the debate over air quality, traffic congestion and economic development.

The 2000 Greater Detroit Chapter president, Timothy W. O'Brien, was actively involved in the preparation and planning of the conference. O'Brien has been working on the issue for more than a year and is a key player in the advancement of Michigan's growth programs. In addition, John Mass, executive vice president for the Greater Detroit Chapter, participated as a panelist during the conference while many members of the construction industry attended and contributed to an open forum discussion. The conference brought together homebuilders, road builders, commercial contractors, public officials, developers, and planners with a sell-out crowd of more than 400 people.

AGC of America recently released Building Better Communities: A Toolkit for Quality Growth, to dispel the myths often disseminated by anti-growth activists. The toolkit provides interested parties with the tools needed to address growth issues locally. For a copy of the toolkit, click here.

From L to R AGC Labor & Employment Law Council Immediate Past Chairman Robert Casey, Current Chairman T.J. Wray, OSHRC Chairwoman Thomasina Rogers, and OSHRC Member Gary Visscher pause for a photo during a reception for Construction Labor Law Symposium attendees.

Labor And Employment Law Council Hosts Another Successful Construction Labor Law Symposium

The AGC Labor and Employment Law Council held its 16th Annual Construction Labor Law Symposium May 4-5 in Washington, D.C. The council is a network of labor lawyers that represent AGC chapters and members. Chapter executives and labor relations directors were also invited to attend the symposium.

The program included many distinguished speakers addressing a variety of pertinent labor topics. The keynote speaker was Patrick Szymanski, general counsel of the International Brotherhood of Teamsters. Other guest speakers included National Labor Relations Board (NLRB) Chairman John Truesdale, Member Robert Brame, and Chief Counsel Harold Datz, Office of Federal Contract Compliance Programs Deputy Director Fred Azua, Jr., and Vice President Stephen Wardrop of Projections, Inc. Several government officials also attended the annual welcome night reception.

The symposium covered such topics as: issues currently facing the NLRB that affect the construction industry, union campaigns and the electronic workplace, using the Web as a tool in management campaigns, OFCCP audits, secondary boycotts, unions' use of the Davis-Bacon and False Claims Acts to gain jurisdiction, and the Department of Labor's heightened interest in the construction industry.

Information outlining many of the topics discussed is available from AGC of America. To request a copy, contact Denise Gold at 703-837-5326 or goldd@agc.org.