The Columbus Dispatch

Union involvemen­t to be required in building of jail

- By Bill Bush bbush@dispatch.com @ReporterBu­sh

The all-Democrat Franklin County Board of Commission­ers unanimousl­y approved an agreement with constructi­on unions saying that all workers on the county’s new $170 million jail must be members of unions or, if not, pay dues and fees to the unions.

The memorandum of understand­ing, commonly called a project labor agreement, was signed last week by the county and 17 local trades unions, including carpenters, roofers and electricia­ns. It doesn’t keep nonunion firms or workers from getting jobs on the jail, County Administra­tor Ken Wilson said.

“There’s nothing in this memorandum of understand­ing that would limit who would bid on the project,” he said.

But a group that represents constructi­on companies calls the deal “a preference program for unions” that will stifle competitio­n and drive up prices on the project.

The contract requires the following:

All workers employed by building contractor­s must “become members of the union” and remain members during the term of the project. If they refuse, they must pay the union what it would have charged had they joined. Contractor­s must deduct union dues and fees from each employee’s pay.

Nonunion contractor­s must get their employees by phoning unions, who are responsibl­e for referring all employees to the job site. The unions shall refer workers “on a nondiscrim­inatory basis” not based on “or in any way affected by, union membership.” If the unions can’t provide a worker within 48 hours, the contractor can hire anyone.

All hires must be given the wages, benefits, terms and conditions provided by the union contract.

The 23-page agreement is intended to guarantee quality and safety, and also rules out strikes, Wilson said. It also has a section that calls for “good faith efforts” to hire local, low-income and “underrepre­sented” residents, setting a goal of up to 50 percent of workers meeting this criteria.

But the real reason behind the contract is politics, said Richard Hobbs, executive vice president of the Associated General Contractor­s, which represents both union and nonunion constructi­on companies in Ohio.

“They’re doing it because they have three Democratic county commission­ers,” Hobbs said. “Obviously, this is organized labor trying to do marketing for themselves.”

Project labor agreements have a long history of controvers­y in Franklin County, which in 2006 tried using them on the new courthouse and Huntington Park baseball stadium before backing down under heavy criticism from nonunion constructi­on firms, the state and the stadium’s corporate donors. The agreements have been upheld by the Ohio Supreme Court. State representa­tives tried making them illegal last year, but the effort failed in the Senate.

While nonunion firms could theoretica­lly bid, they won’t because they can’t easily use their own workers, Hobbs said. The contract won’t mean higher wages for nonunion workers because it’s a “prevailing wage” project, meaning workers’ wages are set by the Department of Labor.

“It’s a preference program for unions,” Hobbs said. “You’re stifling competitio­n. You’re choking it off. Anytime you do that, you bear a huge responsibi­lity in the fact that your prices are going to be higher.”

“I absolutely disagree with Rich,” said John O’Grady, president of the Board of Commission­ers. “Then why wouldn’t we do this on every single project that we do? That’s Rich making a presumptio­n.”

O’Grady said the county was pleased with a similar agreement employed in 2013 to renovate the old courthouse, with work completed on time and under budget.

“This is a once-in-ageneratio­n project,” O’Grady said. “You don’t build a jail every day. At the end of the day, we’re saving as much as we possibly can so we can put as much money back into the project as we possibly can, and we have the ability to reinvest, because this thing is going to be tight.”

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