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News & Views
Associated General Contractors of America
Volume 4 * Issue 8 * May 15, 2000

DEATH TAX VOTE EXPECTED IN JUNE
CONTACT YOUR REPRESENTATIVE NOW! 

  After continued pressure from AGC and other organizations, House Republican leaders are looking to hold a vote in June on the absolute elimination of the estate tax. The legislation most likely to make it to the floor is H.R. 8, sponsored by Reps. Jennifer Dunn (R-Wash.) and John Tanner (D-Tenn.), which gradually eliminates the tax over a ten-year period.

  Letters from AGC members to congressional representatives will play a vital role in getting this bill passed. AGC's Legislative team has posted a letter to the AGC website to make it simple for you to contact your appropriate Congressperson. Click here to access the letter.

For additional information on this legislative issue, contact Phil Thoden at 703-837-5364 or via e-mail at thodenp@agc.org.

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AGC Member Testifies Before OSHA In Support of Excluding the Construction Industry in Proposed Ergonomics Standard

  On May 11, AGC member Bill Ahal, director of Health Services of SM Wilson, a general contractor/construction manager in the St. Louis area, and member of AGC's National Safety & Health Committee, testified before the Occupational Safety & Health Administration (OSHA) concerning the controversial proposal for an ergonomics standard. Ahal supported OSHA's exclusion of construction operations from the standard and recommended OSHA adopt an education, not regulation, attitude towards ergonomics.

  During his testimony Ahal said, "AGC's extensive experience with the construction industry and its practices provides a firm basis for the exclusion of construction under the proposed rule. The standard would cover too many job categories, would be costly to administer, and is still not supported by scientific evidence. AGC strongly urges OSHA to retain the provisions that exclude the construction industry."

  Over the past several weeks, AGC has been busy fighting the ergonomics standard. On April 13 AGC submitted testimony for the record during a House Small Business Subcommittee hearing, and testified before OSHA in Chicago on April 19 and in Portland on April 27.

  The standard--which would take businesses many years and as much as $100 billion annually to implement--has repeatedly come under fire.

  OSHA is refusing to wait for the National Academy of Sciences to complete a congressionally mandated study on musculoskeletal disorders (MSDs).

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

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AGC Past President Lee Wray Russell shows Gail Norton, former Colorado state attorney general and current environmental advisor for the Bush campaign, Building Better Communities: A Toolkit For Quality Growth. The publication was developed by AGC and other national organizations in order to promote a grassroots movement to build better communities. To download a copy,
click here.

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IN MEMORIAM

  AGC of Nevada Past President Marv Byars passed away on April 26, 2000. Byars, owner of Byars Construction, was active in AGC for more than 40 years. He served as chapter president in 1972 and was involved with a number of AGC committees. Since 1975 he has represented Nevada as the National AGC Director. In lieu of flowers, the family requests a contribution is made to the Reno Civil Engineering Library, University of Nevada, Mail Stop 258, Reno, NV 89557.

MARSH
  An MMC Company

One Green Jellybean

  During the AGC Annual Convention in Seattle, a construction insurance brokerage company, Marsh, held a contest to guess the correct number of green jellybeans in a jar for the chance to win a new Cadillac. Although no one correctly guessed the exact number of 5,914, Raymond L. Moody, Jr. of the Baston-Cook Company was only amiss by one green jellybean. For his superb guesstimation skills, Moody won a $500 American Express Gift Certificate. Marsh promises the opportunity to try again at next year's AGC Annual Convention in Nashville, Tenn. Good Luck!

Industry Numbers

  • This year the construction industry is already churning out healthy numbers, according to the latest F.W. Dodge report on construction activity. Nonresidential building continues to climb, as commercial structure types remain strong. Spending on construction projects is persistently rising due to bursts of activity in big government projects.
  • Since last June, the Federal Reserve has boosted interest rates five times by a quarter-point apiece to slow the speeding economy and keep inflation under control. Given the outlook for strong continuing growth, many economists believe the Federal Reserve will raise interest rates in mid-May and again in June 2000.

Future Events Calendar

May 18-20 Contractor Relations Meeting - Puerto Rico
June 5-7 Chapter Staff Orientation Program - Alexandria, VA
June 16-17 Workforce Development Committee Meeting - Coeur d'Alene, Idaho
June 19-20 AGC-AIA Joint Committee Meeting - La Jolla, Calif.
June 21-24 Building Division Committee Meeting - La Jolla, Calif.
June 23-24 Private Industry Advisory Council Meeting - La Jolla, Calif.
July 13 AGC/Corps of Engineers Committee Meeting - Washington, DC
July 20-21 Safety & Health Committee Meeting - St. Louis, MO
Aug. 15-19 Safety Management Training Course - Salt Lake City, Utah
Sept. 21-24 AGC Midyear Meeting - Philadelphia, PA

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AGC Meets with Treasury Department on Proposed Long-Term Contracting Methods

  Recently, AGC Tax and Fiscal Affairs Committee members Neil Wiley and John Armour met with officials from the Treasury Department regarding proposed regulations under IRS Code Section 460. The regulations, proposed by the Treasury in May of 1999, seek to clarify aspects of accounting for long-term contracts. An analysis by Wiley and Armour, however, found several instances where they provide more questions than answers.

  "John and I felt it was important to provide the Treasury with face-to-face comments on how the proposal will affect construction accounting," said Wiley. "While I'm not certain if our advice will be heeded, at least the Treasury Department was willing to listen closely to our concerns," he added.

  Final regulations are expected by the end of the year.

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

Georgia Hit With New Lawsuit 

  Georgians for Transportation Alternatives (GTA) and the Sierra Club are challenging the Environmental Protection Agency's January approval of the Atlanta-area's plan to achieve federal clean air goals. This plan outlines future highway projects and the pollution control requirements on utilities. If successful, the lawsuit could delay road projects and impact the state's federal highway funding.

  Last June, GTA settled another lawsuit out of court with the Department of Transportation resulting in a delay of $700 million in road projects. AGC continues to monitor litigation attempting to halt or impede construction programs.

For additional information, contact Loren Sweatt 703-837-5360 or via e-mail at sweattl@agc.org.

Aggressive Timetable for Appropriations Legislation Announced

  The House Appropriations Committee is planning an ambitious schedule for taking action on the thirteen FY2001 appropriations bills this year. The goal is to have nearly all of the 13 bills approved by the relevant subcommittees by the end of May. In this election year, the Republican leadership is determined to move the annual appropriations bills quickly to avoid being criticized for not passing the bills on time, and to enable the Members of Congress to return home in early October to hit the campaign trail full-time. AGC will continue to be the most persistent voice supporting this year's thirty-one federal construction programs.

For additional information on AGC's legislative initiatives, contact the AGC Congressional Relations Department at 703-837-5435.

AGC of Washington First VP Bill Alexander (l) and AGC of Washington President Tom Balbo accept a check from EAF Chair and AGC President Ralph Johnson from the Environmental Action Foundation (EAF). The Washington State chapters, along with other community groups, will use this money to educate the public about recent successful salmon protection programs.

 

New Storm Water Regulation Guide Available on AGC Website

The Environmental Protection Agency's (EPA) new Compliance Assistance Guide for Storm Water Phase II can now be downloaded from the AGC website at www.agc.org. This guide provides information on compliance with Storm Water Phase II, a rule requiring construction sites over one acre to install and maintain sediment and erosion control devices.

In addition, EPA has announced one-day Phase II seminars. They will be held in New Orleans, La., Seattle, Wash., San Diego, Calif., Denver, Colo., Newport, R.I., and Tampa, Fla. Registration for this free course is available online at www.epa.gov/owm/sw/training.

For additional information on this course and others like it, contact Loren Sweatt at 703-837-5360 or via e-mail at sweattl@agc.org. Members of the AGC Environmental Issues online forum received this information May 4. To sign up for the Environmental Issues listserv, also contact Loren Sweatt.

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Building Division To Meet in June

  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.

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Meeting Challenges Together

Addressing the Water/Wastewater Infrastructure Investment Shortfall

  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.

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Dick Corp. Achieves OSHA VPP Status for Downtown Pittsburgh Construction Project

  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.

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New Class Added to AGC Online Institute

 
  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.


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Upcoming AGC PAC Regional Meetings

  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.

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Local Company Successfully Challenged Corps' IDIQ Contracting Measures

  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.

OSHA Begins Accepting Complaints Online

  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.


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BCTD Bids Farewell to Georgine, Announces Campaign Against Temp Agencies

  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.

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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.

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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.

 

 



AGC National Newsletter, News & Views
ISSN 0161-133X * Published bi-weekly * Cost: $100/year
Associated General Contractors of America
Periodicals Postage Paid at Washington, DC © AGC 2000
CONTENTS

AGC Member Testifies Before OSHA In Support of Excluding The Construction Industry in Proposed Ergonomics Standard

News From Washington

Environmental Issues

Building Division to Meet in June

Addressing the Water/Wastewater Investment Shortfall

Dick Corp. Achieves OSHA VPP Status for Downtown Pittsburgh Construction Project

Legal Issues

Chapter Corner

Union Contractors Improve Bargaining Skills at Collective Bargaining Seminar


Archives




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