The National MCAA Update

Volume 5, Number 48, November 27, 2000

MCF ACCEPTING NOMINATIONS FOR FOSTER McCARL, JR. PHILANTHROPY AWARD – The Mechanical Contracting Foundation (MCF) has created the Foster McCarl, Jr. Philanthropy Award to recognize and celebrate the exceptional efforts of an individual, company or local association to raise funds in support of its mission. Bill Bianco, president of the Mechanical Contracting Foundation (MCF), commented, "Foster has been passionate and innovative in his approach to fundraising for the Foundation. He knew his role was to ‘champion’ that effort, and I don't know anyone who ever did it more effectively. Our award is a tribute to those persons or organizations who, like Foster, combine a keen understanding of our industry's need for the Foundation with a certain ingenuity that helps them succeed." MCAA is sending the award application to all members in the November mailing. Nomination applications and support materials must be submitted by January 15, 2001. For further information, contact Dennis Langley at 301-869-5800 or at dlangley@mcaa.org.

SUITS FILED AGAINST OSHA ERGONOMICS RULE – The National Association of Manufacturers, the U.S. Chamber of Commerce, and several other organizations have filed lawsuits aimed at overturning the recent ergonomics standard just released by the Occupational Safety & Health Administration (OSHA). The standard, which takes effect on January 16, 2001, requires employers to make changes in the work place or work processes to prevent muskuloskeletal disorders (i.e., lower back pain). The standard affects directly mechanical service and pre-fabrication shop employers; construction employers are not directly affected. Construction employers will, however, be subject to OSHA general duty clause citations because “ergonomics hazards” are now officially recognized hazards. The agency, however, cannot cite a construction employer under the new ergonomics standard.

PREPARE FOR CONTRACT NEGOTIATIONS AT THE COLLECTIVE BARGAINING SEMINAR – Come to Kansas City, MO for the Collective Bargaining Seminar January 18-19, 2001. Speakers will include attorneys Mike Boldt and Pam Keller (Ice Miller Donadio & Ryan), economist Bob Gasperow (Construction Labor Research Council), Richard Terpinski, a mediator with the Federal Mediation and Conciliation Service, Charles G. Brandon, President of A.D. Jacobson Company, and executives from several MCAA affiliated associations. For program information, contact John McNerney at jmcnerney@mcaa.org. For registration information, contact Sean McGuire at http://www.mcaa.org/update/archives/smcguire@mcaa.org. To register online, http://www.mcaa.org/conference/mcaa/cb.

MAKE PLANS TO ATTEND MCAA/NECA/SMACNA LEGISLATIVE CONFERENCE – Start planning now to attend the 2001 Campaign for Quality Construction National Issues Conference in Washington D.C., April 30 - May 2. The 2001conference program will be better than ever with program format changes, an MCAA PAC contributors’ reception, and an expanded meeting with Congressional delegations. Look for the conference registration form soon.

PROJECT LABOR AGREEMENT ADVANCES D.C.’S MASSIVE BRIDGE PROJECT – Maryland’s transportation department is negotiating with building trades representatives to employ a project labor agreement (PLA) on the $2.2 billion Wilson Bridge rebuilding project that will span the Potomac River from Maryland to Virginia. Maryland controls the lion's share of the work on the project because of a long-standing pact granting it jurisdiction over the river to the Virginia shore. Consultants have recommended the PLA because of the project’s extraordinary scope and importance and the region’s success with such pacts in the past.

LABOR DEPARTMENT ISSUES HELPER REGULATIONS – This week, the U.S. Department of Labor issued the controversial helper regulations, which would permit the use of helpers on Davis-Bacon projects if: the classification prevails in the area; the helpers' duties are separate and distinct from other trades; and the helper is not an informal trainee. The Alliance has supported in legislative and regulatory proposals recognition of a prevailing use of helpers if that classification does not otherwise impair prevailing wage compliance and enforcement. . . Site of Work – Previously, DOL closed the comment period on revised "site of work" regulations under the Davis-Bacon Act, establishing a functionality test for batch plants and other facilities that are dedicated exclusively (or nearly so) to the performance of the Davis-Bacon project. Fabrication shops are not considered so dedicated and are excluded from the site of work definition. The helper regulations have been in dispute in the courts or in the legislature since 1982.