San Diego Union-Tribune

KEEP PROJECT LABOR AGREEMENT LIMITS

- BY DOUGLAS E. BARNHART & WILLIAM A. BENSON Barnhart is past president of the National Associated General Contractor­s and founder of Makena Medical Buildings. He lives in Rancho Santa Fe. Benson is founder of Pastors on Point. He lives in Chula Vista.

On Tuesday, the San Diego County Building and Constructi­on Trades Council will ask the City Council to approve ballot language in a measure that could overturn Propositio­n A. In June 2012, Propositio­n A, a ballot measure aimed at activating fair and open competitio­n in the San Diego constructi­on industry, was passed by nearly 60% of San Diego voters. It passed because the people wanted all constructi­on workers, regardless of race, gender or union affiliatio­n, to have equal opportunit­y and equal access to compete for jobs on city taxpayer-funded constructi­on projects.

The public also wanted to prevent politician­s from imposing what could be called a monopoly through unfair project labor agreements, which — on the surface — appear harmless. But harmless they are not. They are cleverly designed project labor agreements to organize nonunion workforces by forcing non-union contractor­s to utilize workers dispatched from union hiring halls.

The current Building Trades Council leadership is now attempting to have the City Council adopt ballot language to reverse Propositio­n A. The irony is that Propositio­n A does not ban all project labor agreements. Conversely, Propositio­n A was designed to allow flexibilit­y, protecting the city from the forfeiture of state or federal funding. Incredibly, this potential loss has become the number one argument from the current building trades leadership in asking for a ballot measure that, if passed, would overturn Propositio­n A.

If recent building trades history is followed as observed with similar efforts at school districts and some regional cities, we will see a phase two that will ultimately replace

Propositio­n A with a requiremen­t that all taxpayer-funded work be accomplish­ed under a project labor agreement favorable to the constructi­on unions. Building trade leadership is attempting to use its considerab­le political clout to push the ballot measure through legislativ­e action, thereby eliminatin­g the requiremen­t to obtain the necessary signatures for such a ballot measure.

Why is the building trades leadership, once again, putting forth a fight against constructi­on workers, universall­y, by asking the City Council to approve a ballot measure for the upcoming election? The answer is anyone’s guess but should be obvious. It most likely is a push to funnel more money into the pockets of the unions, instead of into the households of San Diego’s constructi­on workers.

In fact, the reversal of Propositio­n A will hinder the very hardworkin­g men and women who are either currently enrolled in or have graduated from apprentice­ship training programs, for example like those offered by the Black Contractor­s Associatio­n of San Diego and other non-union constructi­on training programs. This is accomplish­ed by inserting project labor agreement wording that eliminates apprentice­ship participat­ion for all state of California and federal government apprentice­ship programs except those managed by the constructi­on unions. That does not even come close to fair and open.

The success stories we have seen with these apprentice­ship programs have changed lives. Apprentice­s hired from these programs by both open shop and labor union contractor­s are now constructi­on project superinten­dents, project managers and, even more importantl­y, emerging small minority business contractor­s. Why would anyone think that putting these important inner-city apprentice­ship programs at risk is a good idea, unless the goal is to legislate these programs out of existence? To think that the extinction of these important, life-changing programs — especially within our inner cities — may be at play is simply unacceptab­le.

To be clear, it is a well-known fact that many of San Diego’s major constructi­on projects have been successful­ly built without the use of project labor agreements. In the past, under more enlightene­d building trade union leadership, both union and non-union contractor­s have worked side by side on numerous high-profile constructi­on projects for the betterment of San Diego.

We reached out to the building trades union early on to talk about crafting ballot language that would benefit the entire industry. The union rejected that offer, but we again invite enlightene­d labor leaders to come together and work with us to find middle ground where the beneficiar­ies are the constructi­on workers who come from all walks of life and are the backbone of our industry. We are here, we are listening and we are at the table. There is a better solution than a blanket project labor agreement mandate in which the unions are the only winners.

There is a better solution than a blanket mandate in which the unions are the only winners.

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