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Union Construction: Seeking the Competitive Edge All in the Boat Together: Commitment for Survival p.6

EUCA Shows You the Money $$: CARB Grants & Incentives p.12

Can We Talk? p.18

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State Compensation Insurance Fund is not a branch of the State of California.

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State Fund’s Alternative Dispute Resolution Program (ADR) provides exceptional workers’ compensation insurance with “no-hassle,” cost-control measures for union employers. This program allows eligible employers enhanced benefits, an immediate discount on premiums, while providing comprehensive coverage for employees. For details on the ADR system and other program features, call your insurance broker, or Cathie Hastings at State Fund Group Programs at (800) 533-6868.


President ......................................................Rob Layne Vice President/President-Elect ................. Mike McElroy Secretary/Treasurer ................................. Mike McElroy Secretary/Treasurer-Elect......................Michael Ghilotti Past President (2010) .......................... Christian Young




MAY 2011 ISSUE 5, VOLUME 217

6 UP Front

All in the Boat Together: A Win-Win Commitment for Survival Kevin Albanese, Joseph J. Albanese, Board Member

EUCA BOARD OF DIRECTORS Nikki Affinito, Union Bank; Kevin Albanese, Joseph J. Albanese, Inc.; Jami Brady, BakerCorp; Don Cabianca, Cal State Constructors, Inc.; Jerry Condon, Condon-Johnson & Associates, Inc.; Michael Ghilotti, Ghilotti Bros., Inc.; Greg Gruendl, Ray’s Electric; Rob Layne, O.C. Jones & Sons, Inc.; Steve Lydon, TerraCon Pipelines Inc.; Mike McElroy, FMG, Inc.; Robert Purdy, RGW Construction, Inc.; Danny Wood, Jr., D. A. Wood Construction, Inc.; Christian Young, D.W. Young Construction Co., Inc.

EUCA COMMITTEE CHAIRS Associates: Nikki Affinito (Associate Director), Union Bank; Jami Brady (Associate Director-Elect), BakerCorp | Caltrans: Michael Ghilotti (Chairman), Ghilotti Bros., Inc. | Government Relations: Gary Andrews (Chairman), Amos & Andrews, Inc. | Labor/Collective Bargaining: Mike Fuller (Chairman), Mountain Cascade, Inc. Steve Geney (Co-Chair), Ghilotti Construction Co. | Safety & Insurance: Gary Rudy (Chairman), Duran & Venables, Inc. | Scholarship: Leslie Cusimano (Chair), Joseph J. Albanese, Inc., Janice Lajoie (Co-Chair), GE Capital


Union Apprenticeship & Training Programs; OE3 Contractors of the Year; Getting Disciplinary “Just Cause” Just Right By EUCA Labor Relations Department


EUCA Shows You the Money $$: CARB Grants & Incentive Programs By Tony Dorsa, TD Consulting Services, EUCA Regulatory Consultant


EUCA STAFF Mark Breslin, Chief Executive Officer; Leslie Lord, Deputy Director; Kelly Montes, Executive Assistant; Randy Ruby, Director of Labor Relations; Ruby Varnadore, Labor & Member Services Representative; Galina Velikovich, Labor Relations Advocate; Shelbie Tieman, Director of Finance & Administration; Terese Pollock, Finance Assistant; Jami Moore, Member Services Coordinator; Stacy Anderson, Director Communications, Events & Education; Denise Ramirez, Education & Website Manager;Joan O’Brien, Education Coordinator; Jenn Rogers, Event Manager; Michelle Vejby, Publications Manager; Emily Cohen, Director of Government Relations; Mallori Spilker, Government Relations Assistant; Kevin Pedrotti, Legislative Advocate





Cover photo courtesy Bay Line Cutting & Coring, Inc.; Bay Bridge project.

Union Construction: Seeking the Competitive Edge All in the Boa A Boatt Together: B Bo Togethe gether: Commitm Commitmen Commitment mmitment mit for or Su Sur Survivall p 6 p.6

EUCA UCA CA AS Shows Yo You Y ou the e Mone Money one oney ney eyy $$: e $$ $ CARB CA ARB AR ARB RB Grants & Incen Ince ncen ncen ce entiv nttive tiv iive ives es p 12 12 Incentives p.12

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Can C an an W We Tal Talk Talk? Ta alk? lk lk k? ? p p.1 p.18 ..18 18

EUCA Digger Magazine (ISSN: 1086-5004) is published monthly, except December, by the Engineering & Utility Contractors Association, 17 Crow Canyon Court, Suite 100, San Ramon, CA 94583. Editorial comments, letters, and article submissions are welcomed and encouraged. Correspondence should be directed to the EUCA office at the above address, by phone at (925) 855-7900, by e-mail at or by fax at (925) 855-7909. Reproduction of editorial material in this issue is permitted if accompanied by proper source credit. Periodicals postage paid at San Ramon, CA and other offices. Postmaster: Send address changes to: EUCA Digger Magazine, 17 Crow Canyon Court, Suite 100, San Ramon, CA 94583. © 2011 Published in the U.S.A.

More Inside:

24 Next Up 26 We Are EUCA 28 Safety Corner

30 Last Call May 2011


By Kevin Albanese, Joseph J. Albanese, Inc. EUCA Board Member

front h have been involved in our family’s business ffor more than 20 years. For as long as I can rremember, our Company has been 100% union, at times supporting over 700 union workers and their families. Nothing pleases me more than to see a long term employee retire, secure in his or her future, due to the union benefits they earned while working for our company.


All in the Boat Together: A Win-Win Commitment for Survival

As a loyal and committed union contractor, I (and our Company) experience a partnership with our labor partners. Truly, at the core of our partnership, we both want what is best for our deserving employees and improved market share. And, recognizing our interdependence, we both need the other to succeed. I still believe this today. However, as I sit back over the last few years and witness occasions of unions fighting unions, management associations undermining one another, and unions fighting management (or vice versa), I feel our industry must reunite around the common purpose that brought us together initially: what is best for our good union employees and our industry. Eight years ago, this common purpose brought me to EUCA. At its core, EUCA exists to provide superb labor relations to each and every one of its signatory contractor members. Consistent with its core purpose, EUCA mandates every contractor member be signatory to one or more labor unions necessary in covering the workers of its engineering contractor members. This policy is unique in the engineering field, as it has been suggested that EUCA is one of only about a dozen 100% union affiliated engineering contractor associations left in the entire United States today. To some, this policy may seem antiquated or merely an afterthought. Given the contraction in market share, nonunion contracting appears to be the trend across America; why keep pushing against a rapidly growing trend? Many engineering associations have already moved on and represent both open shop and union contractors. EUCA is different and to me, EUCA’s deliberate policy of mandatory affiliation demonstrates the commitment by the Association to union contractors. It personifies how a group of diverse contractors, with diverse views, can still rally around a common purpose. EUCA’s mandatory union affiliation 6 WWW.EUCA.COM

policy perfectly aligns the Association’s interest with that of its union contractors and union partners. For many years, the mere fact that a contractor was organized provided a competitive advantage in many respects. The status of a union contractor opened up opportunities in the private market working for organized general contractors. Furthermore, the prevailing wage laws on public works projects protected union contractors’ economic wage package from underpaid and overworked non-union workers. These advantages, combined with the best in class workforce, allowed the union construction industry in Northern California to flourish and grow in areas of market share and man-hours, both vital to contractors, employees and EUCA’s achievements. Unfortunately, this “Great Recession” presents challenges in proportions not before seen to the existence and future of organized construction. For the first time in decades collective bargaining, unions, union contracts, benefits and their future have commanded the attention of the nation. From those waiting to see if the NFL will play this year to turmoil in Wisconsin, Ohio and many other states, collective bargaining is often front page news. Even in California where, politically, labor maintains great influence, the State and local agencies face unprecedented challenges maintaining bargained wages and benefits. It is hard to tell if this anti-union backlash is a temporary thing, driven by extreme politics, difficult economics, or if it is a more long term trend. Though the issues facing public sector unions are easily differentiated from the “construction

model” of multi-employer labor agreements, the national sentiment against labor and its partners (that’s us guys) cannot be ignored. Key issues remain, requiring a cooperative effort by both labor and management. The challenges of maximizing the competitive position of union contractors, providing for union workers, and maintaining market share require labor and management’s (that’s us guys) focus and collaboration. Understanding EUCA’s demonstrated commitment and frankly, dependence, on the success of organized labor and signatory contractors, I believe our Association, in cooperation with labor, stands in the best position to effectuate the positive changes necessary for our industry. When looking at the core, our contractor members, and the unions to whom we are signatory, remain mutually dependent and aligned; we are in the same boat. We all want increased market share, we all want increased man hours; and we all want a secure future to ensure the longevity and success of our employees, companies and unions. While I am sure all of “us” have ideas as to how to improve the union, here are some strategic initiatives we all can work on together for our mutual benefit.

of life for our employees, and success of our companies. Failing to unite paints the portrait of non-union companies buying our equipment at auction. Failure cannot be an option and the first steps start with you. Don’t for a minute think that I always expect a sunny daisy filled world where labor and management sit around a campfire singing songs; let’s be realistic. But where EUCA, its members, and our signatory unions are significantly more aligned than not, we have to start somewhere. The true antagonist to our way of life is the non-union competition, not each other. Let’s focus on what is important and start acting on it now. ◆

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Working Together, for the Benefit of All: 1 Maintaining M i t i i prevailing ili wage law l t t 1. att a state and local level. 2. Developing the future of union construction through strategic leadership and timely adjustments to market forces without losing focus of our core purpose. 3. Maximizing training and apprenticeship to ensure a steady supply of well trained and well qualified union craftspeople to regain market share and prominence. 4. Working proactively rather than reactively through the term of the contract, not just during bargaining. While not an exhaustive list, I believe this is a good start. Further, I encourage union contractors and unions to add to this list. For us to be successful, labor, management, and union employer associations must come together with a unified focus to turn the tide. Daunting challenges remain ahead, but then again, isn’t that why we got into this business? We deal with daunting challenges on a day to day basis, some more serious than others; but this challenge is different. Failing to unite under our common purpose will yield grave consequences, not just to one job or company, but to a storied industry. Unification of labor, management, and union associations suggests an image of increased market share, improved quality

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Phone: 510/420-8992 • Fax: 510/420-8982 6345 3rd Street, San Francisco, CA 94124-3501

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Focus On Innovation: Union Apprenticeship & Training Programs CARPENTERS


The Carpenters Training Committee for Northern California (CTCNC) is this regionâ&#x20AC;&#x2122;s training affiliate of the United Brotherhood of Carpenters and Joiners of America (UBC) and serves as the educational organization for the Northern California Carpenters Regional Council (NCCRC). NCCRC accounts for around 40,000 Journey-level and Apprentice Members in this jurisdictional area where we operate six training centers: Sacramento, Fairfield, Hayward, Pleasanton, Fresno, and Morgan Hill.

In response to market change regarding LEED requirements, the Northern California Cement Masons Apprenticeship Training Program is now teaching the work processes of green construction. In our commitment to training, we purchased a trailer and equipment giving us the ability to take our training on the road to our satellite locations and contractors alike.

Apprenticeship Training To meet the industry need for skilled Carpenters, we maintain an apprentice population of between 3,500 to 4,000. In addition to our Carpenter Apprenticeship Program we also service the training requirements of our other specialty crafts: Drywall-Lathers, Millwrights, Pile Drivers, Scaffold Erectors, Insulators, Acoustical Installers, Shinglers, and Hardwood Floorlayers. Our programs are generally four years in length and include 144 hours of classroom and shop training per year. Apprentices are eligible to accumulate college credit for both completing their required apprenticeship classes and achieving on-the-job-training which can accrue toward a college degree. New Training Paths In addition to teaching the traditional work processes across our nine crafts, we have charted a new course into green technologies and clean energy jobs. We have classes on green building that teach Carpenters, Millwrights, Insulators, Pile Drivers and other of our crafts on how to work on LEEDÂŽ projects, install solar panels, energy retrofit older buildings, install windmills on land and underwater, harness geothermal energy and other commercial and utility-scale projects. Carpenters Training Committee for Northern California Contact John Bullock, Executive Director, and Jim McNamee, Director of Training Services at 925/462-9640; 2350 Santa Rita Road, Pleasanton, CA 94566;


In 2010, there were 12 instructors and approximately 265 Cement Masons trained which is much less than previous years and is due to the state of the economy. Cement Mason Apprentices are required to have a minimum of 144 hours of related training per year. In addition, advancement/certification/safety courses are offered to both journeypersons and apprentices. Cement Masons JATC Contact Mark Gonzalez, Executive Director at 925/462-9640; 2350 Santa Rita Road, Pleasanton, CA 94566;

LABORERS Taking a page from the “hire hard, manage easy” playbook, the Laborers apprenticeship program has revamped its selection procedures to concentrate on graduates off pre-apprenticeship i hi programs. Starting this year, we are providing those who successfully complete a pre-apprenticeship program with the opportunity for “direct entry” into our program. The Cypress Mandela Training Center in Oakland, City Build in San Francisco, Project STRIPE and Northern California Construction Training (NCCT) in Sacramento have already been approved and we’re just getting started. We are currently in the midst of some very positive and enthusiastic meetings with representatives and instructors of pre-apprenticeship programs throughout Northern California. Among these are the many Youth Build and regional Conservation Corps Centers. By mid-summer, our goal is to approve programs like these in all the major markets for direct entry. This will mean that the majority of apprentices will have had a few months of training in “life skills” and the basics of construction before entering our program where we will build on that foundation. The driving force behind this is to ensure that the apprentices who are dispatched to affiliated contractors are not only highly motivated and driven but also fully prepared to meet the rigors of a demanding industry. And while it is called “direct entry,” that doesn’t mean that everyone automatically gets in. The program will still conduct interviews and monitor the need for additional apprentices in order to control the rate and numbers of those offered direct entry. A commitment to recruiting motivated and dependable apprentices has long been a hallmark of this program. Training is available on all types of Laborers work, for journeypersons as well as apprentices, and new courses are continually being developed to meet industry demands. The San Ramon campus covers 350 acres, with plenty of space for field training on road construction, demolition work, etc. Employers are also encouraged to take advantage of the Mobile Training Unit that can be brought in for certain courses at their jobsites. A detailed class schedule and other information are available on the website (see below). Laborers’ Training Center Contact: Leonard Gonzales, Executive Director; and Jeff Armstrong, Director of Apprenticeship at 925/828-2513 (training), 925/556-0858 (apprenticeship); 1001 Westside Drive, San Ramon, CA 94583;

OPERATING ENGINEERS The Rancho Murieta Training Center (RMTC), located just southeast of Sacramento, features state-of-the-art training facilities, including computerized crane simulators, field training on major construction equipment, and the latest technologies for heavy-duty mechanics. Instructors are all required to obtain vocational teaching I credentials in order to maintain high quality programs. In addition to equipment and mechanical training for both apprentices and journey-level operators, courses offered include certifications (HAZMAT, Oil Refinery Safety, First Aid/CPR), and specialty classes based upon need and demand such as forklift, NCCCO practical and written exams, Class A License, Sexual Harassment, and Substance Abuse/DOT Regulations. RMTC can also work with signatory employers to bring instruction on-site with the Mobile Training Unit or to design specialized courses. The goal is to ensure that OE3 members are the most skilled heavy equipment operators or heavy-duty mechanics in the industry. RMTC By the Numbers: Number of Operators trained in 2010: 1508 Number of Instructors at RMTC: 12 Total Training Hours offered in 2010: 81,086 Rancho Murieta Training Center Contact Kris Morgan, Executive Director, or Tammy Castillo, Director of Apprenticeship: 916/354-2029; 14738 Cantova Way, Sloughhouse, CA 95683;

Public Works Confusion A public works apprenticeship exemption has been in place for both Operators and Laborers since 2003, setting a headcount ratio of one (1) apprentice for every five (5) journeymen instead of the 1 to 5 hours ratio required by Labor Code Section 1777.5. There has apparently been a fair amount of confusion over how this is supposed to work and whether these exemptions are still in place. The DAS revoked these exemptions, effective for jobs with a bid date on or after March 3, 2011. However, both the Laborers and Operators applied for extensions to allow more time for labor and associations to discuss and revise the apprenticeship standards. The exemptions are thus still in effect, and EUCA will continue to keep our members informed on any further developments in this area. Please contact us with any questions or issues.

May 2011


OE3 Recognizes EUCA Members as 2010 Contractors of the Year EUCA members Interstate Grading & Paving, Inc. (IGP) and Bay Cities Paving & Grading, Inc. (Bay Cities) were both honored by Operating Engineers Local No. 3 at the February 12th OE3 Apprentice Graduation. Both were selected for the award of Contractor of the Year for 2010 for their continued contributions of employing, training and promoting the future generation of Operating Engineers. Bay Cities employed 24 OE3 apprentices throughout the course of the past year. With the company’s focus on apprenticeship, they have maintained training and ensured success in our industry. Accepting the award on behalf of Bay Cities was Project Manager Miguel Lemus. IGP has a long history with the OE3 apprenticeship program and has always employed more apprentices than required. The company provides training to apprentices in all areas of the company’s operations so that they become valuable employees, and keeps them employed once they become journey-level operators. Craig Caron, owner and partner of the company, accepted the award on behalf of IGP. Craig has also recently joined OE3 CalJAC to serve as an EUCA representative on the Committee, following in the footsteps of his father Joe Caron who served on that Committee in the 1980’s and the 1990’s. Craig Caron of Interstate Grading & Paving, Inc., EUCA member since 1990, is an active participant of EUCA’s Labor Committee. 10 WWW.EUCA.COM

By Galina Velikovich, Labor Relations Advocate

Getting Disciplinary “Just Cause” Just Right

“Just cause” is a legal term of art that refers to a specific, collectivelybargained method of discipline and discharge that is intended to educate rather than punish an errant employee. Specifically, the “just cause” method calls for a thorough investigation of the employee’s misconduct to be performed before discipline is administered. If misconduct is found, “just cause” requires that it be addressed through progressive discipline. The concept of progressive discipline refers to a series of oral and written warnings, which progressively escalate in gravity and provide the employee with several opportunities to correct the problem. However, while the goal of the “just cause” approach is to educate and rehabilitate the employee, if good faith progressive discipline does not remedy the situation, the employee can be terminated. Because a termination can trigger a grievance, the employer must remain vigilant as to the fact that, at a hearing, the burden is on the employer to show that the termination was for “just cause.” This means that at a Board of Adjustment or Arbitration hearing, the employer will have to establish, through witness testimony and documentary evidence that proper steps were taken in the discipline and eventual discharge of the grieving employee. To help you get disciplinary “just cause” just right, EUCA has created a handy “Disciplinary ‘Just Cause’ Check List.” (A downloadable copy of this checklist is available in the “Products” section of our website under “Free Downloads.”) Next time you encounter an employee with a performance and/or behavioral issue, follow these easy steps to make sure you are in line with the requirements of disciplinary “just cause.” Before presenting this check list, however, it is important to mention that not in all situations, should an employer follow every single step. In fact, in situations of egregious misconduct, such as severe insubordination, use of alcohol or illicit substances, brandishing of weapons, etc. the “just cause” principle allows for more immediate disciplinary recourse. Specifically, in extremely serious cases where safety and security on the jobsite are severely compromised, an employer can skip progressive warnings and proceed straight to termination. The key to such situations is consistency – an employee’s act must be similar to acts of other employees who were terminated in a similar manner. Employers should draft their company disciplinary policies in a way that allows for such immediate terminations. It is also important to keep in mind that, despite the egregiousness of the employee’s action, if all facts are not clearly known, the employer would still need to conduct a fair, objective investigation, in which case it would be necessary to suspend the employee while necessary information is gathered.

Disciplinary “Just Cause” Check List ✔ Investigation Perform a careful, f l ffair, i objective investigation of the employee in question to make sure real, legitimate, fair reasons for discipline exist. Such reasons are those connected to the employee’s conduct and/or performance.

protocol. Also, before discharging the employee, make sure that the “punishment” truly fits the “crime.”

✔ Verbal Warning Begin n the discipline process proces with a verbal warning. Make sure to detail what the employee is doing wrong, explain your expectations, and provide constructive suggestions for how the problem can be fixed. If the problem persists after the first warning, conduct two or three more such warnings. In the last oral warning, tell the employee that continued misconduct will result in termination.

As you follow the progressive discipline process, make certain to document every single disciplinary interaction you have with the employee in question. Keep all of this evidence organized in a single file so that you have a clear record of your disciplinary process. If the case goes to a hearing, proving “just cause” will be up to you, and presenting the decision-maker(s) with comprehensive, wellorganized evidence will likely make the difference between winning and losing on the grievance. ◆

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✔ Written Warning If thee employee’s performan performance and/or behavior do not improve after a series of progressive verbal warnings, provide the employee with a written warning. In this written warning, explain again what the employee needs to improve and how improvement can be achieved. Again notify the employee that continued misconduct will lead to termination.

✔ Suspension If the written itt warning i does not create improvement, you may want to consider temporarily suspending the employee. While a suspension is not a requirement of the “just cause” approach, it is a disciplinary tool that some employers utilize. If you choose to add suspension to your progressive discipline plan, make sure to let the employee know exactly why a suspension is being imposed. Also, explain to the employee that, if no improvement is shown after suspension, the next disciplinary step will be termination.

✔ Termination If none off th the progressive discipline steps produce the desired change in the employee’s performance and/or behavior, you may proceed with the termination process. In considering termination, verify that the employee has been treated fairly and consistently with other employees, and that the situation was handled in accordance with established disciplinary



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May 2011


By Tony Dorsa, Regulatory Consultant

CARB A Government Grant Program for Contractors? Believe it: The Off-Road Equipment Replacement Program (ERP) might be what youâ&#x20AC;&#x2122;re looking for. Of all the programs offered, this one should be the most attractive to contractors. I write from personal knowledge and experience with EUCA-member Dealers on behalf of some of my clients. The system does work. We have had some success in obtaining grant funding for replacement of old, Tier 0 equipment, with brand new IT-4 equipment.

EUCA Shows You The Money $$: CARB Grants & Incentive Programs Perhaps the last thing a contractor thinks about in these economic times is equipment turnover and replacement. Good, clean, functioning and efficient equipment is essential to top quality performance of the work we do. In this regard, the differences between good and bad are painfully obvious. Not to mention the added issue that more and more public works projects, schools, and some high-visibility private work projects, are writing required Tier levels into their bid and project specifications.

Assistance in the Face of Economic Struggle This equipment maintenance, repairs, repowers, and replacements are a fact of life. And now, with the implementation of emissions regulations, which many consider over-bearing and an unnecessary drain on company assets, budgeting and cost-effectiveness become all the more essential to survival. In this light, I have some good news: CARB actually has some Grant and Incentive Programs which may prove very attractive to those who qualify. Listed below are those programs most likely to appeal to EUCAâ&#x20AC;&#x2122;s contractor members:

Cal-CAP Loan Guarantees and Assistance (PLACE Program): Th t i ht lloan assistance i t i d tto These are straight programs, d designed enable access to institutional lenders who have agreed to participate in the programs. Qualify with the lender in the usual way, and Cal-CAP provides a guarantee or other encouragement to the lender. Available for Off-Road and On-Road vehicles, these are utilized mostly for retrofits, repowers, and replacements. Again, these are loans, not grants.

Carl Moyer Program: Th j components of this Carl Moyer There are ttwo major Air Quality Standards Attainment Program (the VIP and the ERP). Each of these programs provides grant funding for upgrading, retrofitting, repowering, and/ or replacing vehicles and equipment. The complex rules and guidelines are currently being re-tooled and revised to provide increased eligibility for funding at all fleet levels, and to streamline the administrative processes involved. Applications for the next funding cycle will be taken starting in May 2011, on a first-come, first-serve basis. 12 WWW.EUCA.COM

The Program: Implemented through a partnership between the California Air Resources Board (ARB) and local California air pollution control/air quality management districts (air districts), the Carl Moyer Program provides funding to encourage the voluntary purchase of cleaner-than-required engines, equipment, and emission reduction technologies. The program funds emissions reductions that are surplus; i.e., early and/or in excess of what is required by regulation, and encourages accelerated turnover of old highly-polluting engines. They don’t want to pay for turnovers that would occur anyway, but will pay for accelerated turnovers, repowers and retrofits. While Carl Moyer provides the funding, the local air districts administer the programs. This article focuses on the Bay Area Air Quality Management District (BAAQMD) in connection with the implementation of these grant programs.

BAAQMD (The Air District): The Air District administers the Carl Moyer Grant Program. Grants cannot be used for projects that are currently required by law or by a contract agreement; however, they can be applied to equipment that complies at least three years in advance of state regulations. Grants are available to install VDECs (filters), replace older heavyduty engines with newer and cleaner engines (repower), replace older equipment with newer and cleaner equipment, purchase new equipment that is cleaner than the law requires (replacement), and install electric idling-reduction equipment. Eligible equipment categories are Agricultural Equipment, Locomotives, Trucks, Off-Road Equipment, Marine, and Shore Power. The Air District has prioritized applications for projects that reduce emissions in the following six highly impacted communities: Concord, Richmond/San Pablo, Western Alameda County, San Jose, Redwood City/East Palo Alto, and Eastern San Francisco. All funded projects must operate within the air district boundaries. All the grant programs utilize Dealerships or Retrofit Installers that have been approved by the district. All must have completed orientation and training by the district, and must have at least one staff member/employee who has completed the training. A list of approved On-Road dealerships and retrofit installers is available on the district website: As of January 2011, the following EUCA members are listed as approved by the district: PetersonTractor Co.,

Photo courtesy Sukut Construction, Inc., EUCA member since 2002— Sukut, along with it’s subsidiary company, Sukut Equipment, Inc. have been repowering their equipment for cleaner emmissions for years, and have benefitted from the Carl Moyer program.

Papé Machinery, RAM Rick Albert Machinery, Inc., TriWest Tractor, Inc., and Volvo Construction Equipment & Services. While consultants may assist applicants with the assembly of data and documentation required for the application, only the dealer/installer may conduct the review and submittal process on behalf of the applicant. These approved dealers/ installers have contracted with the district and have agreed to ensure compliance with the funding guidelines and procedures.

Voucher Incentive Programs (VIP)—On-Road: The On-Road VIP is available to Small Fleet Owners (1-3 heavy-duty diesel vehicles with a GVWR of 19,501 pounds or more). Pending guideline revisions will also provide eligibility for Fleets of 4-10 heavy-duty vehicles with a GVWR of 19,501 pounds or more. Truck replacement grants will range from $10,000 to $45,000, and cover replacements with new or newer-used vehicles. Exhaust retrofit grants will range from $5,000 to $10,000. The guidelines and procedures are complex, but if you can deal with the process, this is a good program to utilize for truck upgrades.

Voucher Incentive Programs (VIP)—Off-Road: As proposed in the 2011 revised guidelines, Off-Road VIP is a new, stand-alone, funding option for air districts to implement. Modeled after the On-Road VIP, this funding option streamlines existing requirements. Funding will be available to help reduce the cost of replacing older, uncontrolled (Tier 0) agricultural tractors, construction tractors, loaders, and backhoes with engines less than 175 horsepower with newer, cleaner equipment operating anywhere throughout California. Note that newer used replacement equipment is eligible for funding in this program. Continued on next page May 2011


CARB Off-Road Equipment Replacement Program (ERP) Of all the programs offered, this one should be the most attractive to contractors. I write from personal knowledge and experience with EUCA-member Dealers on behalf of some of my clients. The system does work. We have had some success in obtaining grant funding for replacement of old, Tier 0 equipment, with brand new IT-4 equipment. The ERP will fund up to 80 percent of the total equipment replacement cost of a project eligible for funding. [Although ERP will also fund 100 percent of retrofits (filters), these are now optional under the revised CARB regulations. Therefore, our emphasis here is on replacements.] What is eligible for funding? Think pre-1996 (Tier 0), high usage (like 1200-1800 verified hours annually), and becoming a money-pit of repairs and replacement parts, although still running and operational—that is the prime candidate for Carl Moyer ERP.

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Briefly summarizing the process, a unit to replace (old unit) is selected and the Dealer contacted. After review of the old unit by the Dealer, a replacement unit (new unit) is selected by the parties and pricing is developed. The new unit must perform the same function as the old unit, and may not exceed 125% of the old unit horsepower. The interpretation of the guidelines on a case-by-case basis can become tricky, and at times argumentative: Rubber Tired Loader to replace Track Loader; Excavator now used to perform function previously performed by Track Loader (think demolition), and so forth. But the good news is that these things can be worked out. Since grants cannot be used to help meet compliance date requirements, the contracts must be signed three years prior to the next CARB compliance date. The recent amendments to the regulations postpone reporting dates for Small and Medium fleets. This has allowed greater funding opportunities for Medium Fleets, which now report in 2017. After Dec. 31, 2012, only filtering grants are available for Large Fleets, which now must comply in 2014. How much of the maximum eligible percentage can you expect to receive? Factors determining eligibility percentage


Labor / Employment

Construction Claims/Disputes Contract Review Bonding/Surety Review Bidding/Licensing Issues Mechanics Liens/Stop Notices

Mgmt. Labor Relations/Jobsite Picketing Sexual Harassment/Discrimination Defense Wrongful Termination Defense Employee Handbooks Wage & Hour Law/Prevailing Wage Matters

Contact: Joseph Sweeney E-mail: or Contact: Dana Corey E-mail:

Contact: Roger Mason E-mail:


Estate Planning & Probate

Business Entities Business Acquisitions/Sales Contract Preparation/Review Real Estate Matters

Wills and Trusts Probate Administration Trust Administration Estate and Gift Tax Planning

Contact: Brad Bosomworth E-mail: or Contact: Romin Thomson E-mail:

Contact: Stuart Schmidt Certified Specialist in Estate Planning E-mail:

include documented usage of the old unit, the area within the district (impacted community?), the actual cost of the new unit, and the relative cost-effectiveness of the pollution reduction according to district and Carl Moyer guidelines. But if you can receive a grant of 60% or more, of the cost of your new $400,000 machine, the balance is much easier to live with, and you can now perform your work more efficiently, which can lead to more and better work. Under the terms of your Carl Moyer contract, which will have a duration of 3-7 years, you must maintain insurance on the equipment, perform MFG recommended maintenance, cooperate with scheduled inspections by the air district, perform all required record-keeping, and report annual usage hours and/or fuel consumption. As the proposed hours of use are written into the contract (not in every case under proposed guideline retooling), failure to meet that usage can result in a demand for return of a portion of the funding! So beware of overstatements. In addition to Carl Moyer becoming your partner in the project for the duration of the contract term, the funding IS taxable. Check with your accountant or advisor prior to proceeding.

A word of caution—do not attempt to strip the old unit of essential accessories and parts. A CAT 966 Loader with a Fergie bucket will create suspicion, and violates the spirit of the transaction. The Dealer will scrap the old unit. Don’t put him in a bad light. Pictures are required--before and after the agreements are signed, and before and after the old unit goes to its grave. Call your favorite EUCA Member Dealer and ask about The Carl Moyer Equipment Replacement Program. You might be pleasantly surprised to find that you CAN have some of that new (or better) equipment that flashes before your eyes from time to time. A complete list of available incentive programs can be found at For more informatioin, or additional details, contact Tony Dorsa, TD Consulting Services at 408/649-4383, or Emily Cohen, Director of Government Relations at 925/855-7900. ◆ Tony Dorsa is the owner and operator of TD Consulting and Diesel Emissions Management, EUCA’s primary CARB compliance consultant. With more than 25 years in construction services, Tony specializes in diesel emissions managment and compliance planning for contractors in the Bay Area, Central Valley and Northern California.

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...defined by the company we keep.

Amy Maguddatu Assistant Vice President 925 444 2947

Tom Park Executive Vice President 925 444 2936 Lafayette, California

Member FDIC

May 2011



EUCA’s High Performance, High Profit Foreman

Seminar, April 7th, drew close to 100 construction industry leaders. EUCA has held similar Foreman Seminars in the past several years. Wouldn’t you want to be part of this group? A.J. Vasconi General Engineering Alarcon Bohm Appian Engineering, Inc. ARB, Inc. Avar Construction Systems, Inc. Bay Line Cutting & Coring, Inc. Beliveau Engineering Contractors, Inc. C.F. Archibald Paving, Inc. Cal State Constructors, Inc. Carone and Company, Inc. Chrisp Company Condon-Johnson & Associates, Inc. Con-Quest Contractors, Inc. D.A. Wood Construction, Inc. D’Arcy & Harty Construction, Inc. Disney Construction, Inc. Esquivel Grading & Paving, Inc. Ferguson Welding Service Flatiron Construction Corp. FMG, Inc. Galedrige Construction, Inc. Ghilotti Bros., Inc. Ghilotti Construction Co. Gordon N. Ball, Inc. Hess Construction Co., Inc. Interstate Grading & Paving, Inc. James J. Viso Engineering, Inc. Johnson Western Gunite Co. Joseph J. Albanese, Inc. Maggiora & Ghilotti, Inc. Martin Brothers Construction Inc. McGuire and Hester Mountain Cascade, Inc.


NTK Construction, Inc. O’Grady Pavinig, Inc. Operating Engineers Rancho Murieta Pacific States Environmental Contractors, Inc. Preston Pipelines, Inc. R & L Brosamer, Inc. R.E. Serrano, Inc. Ranger Pipelines, Inc. Ransome Company Redgwick Construction Company RNR Constructon, Inc. Robert A. Bothman, Inc. Sanco Pipelines, Inc. Silverado Contractors, Inc. St. Francis Electric Stomper Company, Inc. T & S Construction Co., Inc. Talus Construction, Inc. TerraCon Pipelines Inc. Trinet Construction, Inc. Tri-Valley Excavating West Valley Construction Co., Inc.

“Our industry (as Union) will only service if we teach new generations our trade” “Very informative tools that can really work on the jobsite” “Great class for any construction position” “A must attend for all”

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By Mark H. Ayers, President, Building and Construction Trades Department, AFL-CIO


How Can We Solve Our Problems, If We Can’t Even Talk to One Another? T

h current fierce and protracted attacks on the American he llabor movement are a sad spectacle to observe. It’s sad to behold because the time, money and resources that are being put into these fights from both sides will do absolutely nothing to move our nation closer to solving the extensive challenges that confront us domestically and on a global scale. In my mind, these battles are just the latest in a long line of examples that point to our society steadily moving away from the fundamental tenets of an American culture that was for many years centered upon the collective ideal of “we.” Today, that culture has devolved into one that is now obsessed with perpetually choosing sides in a prolonged and seemingly endless “us vs. them” political conflict that is being driven by various elements who reside within the extremes of both the right and the left wings of our political spectrum, and which does absolutely nothing to address the current and long-term problems that demand our attention. We can no longer afford to propagate, nor can we continue to tolerate, the ongoing “permanent campaign” that is proving to be so destructive to our ability as a nation to get anything done. Luckily, America’s Building Trades Unions may just have the proven method that can, and should, serve as a roadmap to bring us out of this quagmire of continuous discord. First off, my perspective on this issue is centered upon one vital number: 20. That is the percentage of construction workers in America who today continue to find themselves out of work. That is outrageous and scandalous. Yet it barely rates a mention in the mainstream media. To put it mildly, our nation can no longer ignore the suffering and pain of the unemployed who so desperately want to get 18 WWW.EUCA.COM

back to productive work. Nor can we afford to indulge our leaders’ penchant for delay, posturing, and cheap political stunts. What we need now are bold approaches to economic recovery that will produce jobs. Our economy needs job-creating investments, because tax breaks alone won’t cut it. And yes, we need to get our fiscal houses in order at both the federal and state levels, but a sense of shared sacrifice and reasoned negotiation among key stakeholders should be the foundation for such a process. In other words, building partnerships and establishing cordial foundations for cooperation can set the stage for remarkable things to happen. America’s Building Trades Unions have internalized this philosophy to the point where it is now a part of our organizational DNA. By way of example, America’s Building Trades Unions set about a couple of years ago to begin building bridges and partnerships with specific industry groups. Our objectives were twofold. First, we wanted to leverage our combined resources and stature to proactively stimulate and elevate a national discussion relating to the types of investments that America needs to boost economic demand and create longterm economic growth – investments like rebuilding our nation’s infrastructure for the 21st century and transforming the way our nation develops and uses energy. Secondly, our motivation for building these industrylabor partnerships was to “re-introduce” ourselves and our value proposition to these industries. One of the first industries that we approached was the oil and natural gas industry. 30 and 40 years ago, our unions enjoyed a fruitful and productive relationship with this industry. But that

relationship began to fray in the late 70’s and early 80’s because of a combination of arrogance and a resistance to change on our part, coupled with an ideological view that took root in the industry to make a go of it without the help of labor unions. Some would argue that one led to the emergence of the other. Regardless, we soon found ourselves losing market share in the oil and natural gas industry. In re-constituting this relationship, which has today evolved into the formal “Oil and Natural Gas Industry LaborManagement Committee,” we began from a fundamental starting point: each side accepting and believing in the fact that the oil and natural gas industries are an integral part of a healthy and thriving 21st century American economy. Both labor and management recognize that providing innovative and affordable access to energy is vital to the American People and our Nation. As part of the American tradition of investing in, and growing, its industrial base, both sides instinctively understand the importance of the strong relationship between labor unions and the companies that will harvest the wealth of untapped oil and natural gas resources. But it did not stop there. We fully understood that many oil and natural gas company executives probably harbored outdated perceptions of our unions that were rooted in negative stereotypes of a generation ago. To that end, we have been working feverishly to impress upon the oil and natural gas industry the vibrant and compelling narrative that is America’s Building Trades Unions, circa 2011, and which is centered upon our brand proposition of delivering “Value on Display…Every Day.” In 2010, we brought a large group of industry executives to the greater Chicago area to tour a few of our apprenticeship training programs. These facilities are a part of a national training infrastructure that is funded to the tune of almost $1 billion annually in private investments from our signatory contractors. The extensiveness of our training infrastructure (which extends to all 50 states), combined with the high levels of sophistication involved in each of our skilled craft training programs had these executives floored. The most common response I heard was some variation of, “I had no idea you all did this!” The bottom line is that these construction owners now understand that when they partner with our unions and our signatory contractors they are not only gaining access to a steady supply of the safest, most highly skilled and productive workforce known to mankind, but they are also investing in the development of the skilled workforce of the future. Think of it as a form of insurance that works to substantiate “on time, on budget” results for perpetuity.

Today, we enjoy a terrific relationship with the oil and natural gas industries. And we have launched similar initiatives with the pharmaceutical industry, the pipeline industry, the electric utility industry and the nuclear power industry. In the case of the nuclear industry, our members are now on the job in Georgia constructing the first of a new generation of nuclear power plants. Additionally, we are working closely with the Nuclear Energy Institute to help facilitate a balanced, sober and reasoned public discussion about the future of nuclear power in the United States, in light of the recent natural disasters in Japan. In each instance, the formula is always the same. We approach these industries with a value proposition and we offer to work cooperatively with them to seek the innovative solutions that will benefit their industries, their companies, their stockholders, our signatory contractors, and the skilled craft professionals our unions are so proud to represent. All told, this is an approach that is inherently good for America. ◆ Mark H. Ayers is the President of the Building and Construction Trades Department, AFL-CIO, an alliance of 13 national and international unions that collectively represent approximately 2 million skilled craft professionals in the United States and Canada.

Contract Drafting, Review and Negotiation Trial and Arbitration Claims, Dispute Resolution and Mediation Bid Protests Collection Employment Counseling

|phone| 650.691.2888 |fax| 650.691.2889 |web|

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May 2011



EUCA’s Labor Committee EUCA’s Labor Relations Committee is the strategic planning group for all of the association’s labor-related policies and activities. Most importantly, committee members make up the contract negotiation teams during the collective bargaining process with the major unions. The Labor Committee has autonomy in its decision making and is empowered by the Board to act on behalf of the association and bargaining unit without secondary oversight by the Board. The Committee also tackles other issues that impact our membership such as workforce quality improvement measures, prevailing wage issues with the DIR, the Basic

EUCA’s Labor Leaders Mike Fuller, Mountain Cascade, Inc. • Years in the union (company): 35+ • Signatory unions: Laborers, Operating Engineers, Teamsters • Years involved in labor relations: 30 Steve Geney, Ghilotti Construction Co. (formerly with North Bay Construction, Inc.)

• •

Years in the union (company): 36 Signatory unions: Carpenters, Cement Masons, Laborers, Operating Engineers, Teamsters Years involved in labor relations: 20

Kevin Albanese, Joseph J. Albanese, Inc. • Years in the union (company): 25+ • Signatory unions: Bricklayers, Carpenters, Cement Masons, Hod Carriers, Ironworkers, Laborers, Operating Engineers • Years involved in labor relations: 15 20 WWW.EUCA.COM

Several members of EUCA’s Labor Committee

Crafts Alliance, apprentice manning provisions, and past labor shortages of skilled craft workers. The Labor Committee is limited to those contractors who have their bargaining rights assigned to EUCA (plus EUCA’s legal counsel). This committee meets on an as-needed basis to address the latest issues at hand.

EUCA’s Labor Committee Members • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

Mike Fuller, Mountain Cascade, Inc. (Chairman) Steve Geney, Ghilotti Construction Co. (Co-Chair) Mario Andreini, Andreini Brothers, Inc. Kevin Albanese, Joseph J. Albanese, Inc. Curtis Archibald, C.F. Archibald Paving, Inc. Mike Bauman, Bauman Landscape and Construction, Inc. Brian Bothman, Robert A. Bothman, Inc. Tom Breault, Centerline Striping Co., Inc. Craig Caron, Interstate Grading & Paving, Inc. Robert Chrisp, Chrisp Company Steve Clark, Granite Construction Company Paul Donaldson, Team Ghilotti, Inc. Rob Doud, McGuire and Hester Fred Ehler, H.F. Ehler Co., Inc. David Heslop, Preston Pipelines, Inc. Rusty Hoseley, R & L Brosamer, Inc. Kelly Kolander, O.C. Jones & Sons, Inc. Ken Lindberg, Power Engineering Construction Co. Paul Loukianoff, Con-Quest Contractors, Inc. Steve Lydon, TerraCon Pipelines, Inc. Marlo Manqueros, Bay Cities Paving & Grading, Inc. Amy Martin, Granite Construction Company Mike McElroy, FMG, Inc. Gregg Oxley, Allen A. Waggoner Construction, Inc. Mike Pariani, Interstate Grading & Paving, Inc. Alfonso Quintor, AJW Construction Donna Rehrmann, Stomper Company, Inc. Paul Simpson, Simpson, Garrity, Innes & Jacuzzi, P.C. Bob Spinardi, St. Francis Electric Brian Swisher, Wayne E. Swisher Cement Contractor, Inc. Wahid Tadros, California Engineering Constructors, Inc. Danny Wood, Jr., D.A. Wood Construction, Inc.

Grievance & Arbitration Panel This is a standing committee that exists to provide value to our members through the fair and impartial adjudication of labor/management disputes. The group consists of contractor members who are experienced in dispute resolution. Panel members serve on an as-needed basis at arbitration hearings including matters such as termination, harassment, payment and other contract issues. EUCA is the only contractor association that provides contractor members as primary panel representatives for their fellow contractor members.

• • • • • • • • • • •

Kevin Albanese, Joseph J. Albanese, Inc. Mario Andreini, Andreini Brothers, Inc. Juan Arrequin, Bay Line Cutting & Coring, Inc. Dave Castro, Horizon Construction Co. (DS Castro) C C C Robert Chrisp, Chrisp Company Steve Geney, Ghilotti Construction Co. Marlo Manqueros, Bay Cities Paving & Grading, Inc. Larry Norwood, Norwood Construction Melody Realph, R & L Brosamer, Inc. Bardie Scarbrough, Granite Construction Company Tami Taylor, R & L Brosamer, Inc.

Labor Negotiations 101 During the last round of major negotiations, we had questions from a lot of our members about how the whole process works. Here is a quick summary: Informal Discussions: These may take place at any time during the year prior to the expiration of a particular CBA – in fact, at any time that both labor and management agree to open the agreement and discuss mutual issues of concern. Anything discussed by the parties during these meetings is non-binding (meaning no verbal agreements or written notes can be construed as a final agreement), although at the end of it the parties can draw up a formal agreement based on what they have discussed and agreed on. Formal Negotiations: Most agreements specify a time period for formal negotiations, usually beginning 60 days prior to the expiration of the agreement. Labor and management are obligated to bargain in good faith during this time, and they must pay attention to what is discussed among all parties as these discussions are binding. Both parties may agree to short extensions of the current agreement in order to allow more time to come to an agreement. EUCA’s process is to designate negotiation team members for each craft who are responsible for creating proposals, meeting with the union, and making final decisions on the agreement. Although they will initially request input from the signatory membership and frequently consult with other Labor Committee members, the EUCA Board of Directors and staff, they have the ultimate authority to “make the deal.”

Professional Corporation

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May 2011



Not Just Negotiations A number of our contractor members also serve on labor-related boards throughout the year. These positions are extremely important, enabling the association to foster relationships with labor counterparts and participate in the management of employer funds that all contractors pay for the benefit of the industry as well as their employees.

Kevin Albanese, Joseph J. Albanese, Inc.

Operating Engineers Trust Funds

Craig Caron, Interstate Grading & Paving, Inc.

Operating Engineers Joint Apprenticeship Committee

Robert Chrisp, Chrisp Company

Laborers Trust Funds

Mike Fuller, Mountain Cascade, Inc.

California Alliance for Jobs

George Furnanz, Stacy and Witbeck, Inc.

California Alliance for Jobs

Greg Gruendl, Ray’s Electric

Foundation for Fair Contracting

Mike Hester, McGuire and Hester

Construction Industry Force Account Council

Ken Lindberg, Power Engineering Construction, Co.

Carpenters Trust Funds

Hal Stober, Gordon N. Ball, Inc.

Basic Crafts Workers’ Compensation Benefits Trust Fund

EUCA Labor Negotiations: A New Way Forward Driving Innovation. Transforming Construction.

Michels: A diversified utility, engineering, design and construction contractor with critical expertise in linking systems for energy, communications, transportation and distribution. Brownsville, WI 53006 920.583.3132 Equal Opportunity Employer


EUCA’s Board of Directors has recently proceeded with retaining instructors from Harvard University’s Negotiations Project to provide training here in Northern California to our Labor Committee on “interest based bargaining.” With the challenges of tight margins, open shop competition, and escalating benefit costs, both union leaders and contractors have to jointly develop business solutions. The Harvard program, used by the Carpenters Union and many others, teaches both parties how to focus on issues rather than positions. It is a process that keeps people focused on outcomes and promotes communication and respectful listening and exchange. This is a new way of negotiating and the significant time and money invested in this program is an indicator of the seriousness of the challenges we see ahead. EUCA will be inviting labor leaders from the unions that the associations negotiate with to jointly participate, in anticipation of the discussions and negotiations that will occur over the next several years. For questions, or to join one of these forwardthinking committees, contact EUCA’s Labor Team, 925/855-7900.

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up UPCOMING EVENTS: BRIDGING THE GAP Leadership & Development for the Industry’s Next Generation Millennials in our industry are hungry for advancement, self development and leadership opportunities. EUCA and CMA (Construction Millennials of America) invite you to a special night of focused leadership, networking and development for the industry’s Gen Y Leaders. This program will examine the following: • What will it take to create the industry’s next generation of successful leaders? • How does the industry increase mentorship as a business tool and practice? • How do Millennials add organizational value despite youth and relative inexperience? • What are the three key strategies that Millennials need to implement for their companies and careers? Presented by Mark Breslin, EUCA’s CEO; Thursday, July 14, 2011 at the Walnut Creek Marriott; $25 per person. Contact Michaela Bammer at 925/362-7317, for more information. Sponsorships available.

ANNUAL BBQ Don’t miss one of the industry’s largest annual events of the year; EUCA’s Annual BBQ draws a crowd of 700+ construction leaders. Join us August 4, 2011, 4:30pm, at the Alameda County Fairgrounds, Pleasanton; $60 per person. For more information, visit


EUCA UNIVERSITY’S UPCOMING EDUCATIONAL COURSES: MAY/JUNE OSHA CERTIFICATION TRAINING OSHA 10-HOUR AND 20-HOUR CERTIFICATION: (10-Hour) Wednesday, June 1, 7:00am-5:00pm — This course provides construction workers, supervisors, and other personnel responsible for construction activities with an awareness of construction safety and health concerns in the construction industry. Upon successful course completion, participants will receive an OSHA 10-hour course completion card. (20-Hour) Thursday/Friday, June 2-3, 7:00am-5:00pm — If you already have an OSHA 10 Certification, here’s an easy way to make it an OSHA 30 Hour Certification. Designed for foremen/supervisors, this course provides more expanded coverage of the information furnished in an OSHA 10 course. This includes topics such as ergonomics, confined space entry, powered industrial vehicles, safety and health program, scaffoldings, fire protection, etc. Upon completion of the OSHA 10 Hour and OSHA 20 Hour courses, you will receive an OSHA 30-Hour Certificate.

FLAGGER CERTIFICATION: Saturday, June 4, 8:00am-1:00pm — The fourhour Basic Flagger Training Course instructs work zone flaggers in both one and two person flagging operations. The course is designed to provide students with a thorough understanding of flagging procedures and proper use of equipment. Cal/OSHA recommends that Flagger certificates be renewed d every two years.

CONSTRUCTION ADMINISTRATIVE PROFESSIONAL SEMINARS (CAPS) CLAIMS DOCUMENTATION: Tuesday, May 17, 8:00am-12:00am (Residence Inn, Pleasanton) — Learn how to document the circumstances surrounding a claim and the costs incurred in accordance with California law. UNDERSTANDING & MANAGING LEAVES OF ABSENCES: Tuesday, May 31, 8:00am-10:00am — A workshop to help you learn your overall legal obligations for both the Federal Family and Medical Leave Act as well as the California Family Rights Act. EMPLOYEE LAYOFF AND TERMINATION: Thursday, June 30, 8:00am-10:00am — Protect your company from employment law landmines. This seminar covers disability discrimination laws, privacy laws, workers’ compensation laws, and many other laws and regulations; because one careless termination can plague a company with a variety of wrongful discharge claims.

For more information contact Education Coordinator, Joan O’Brien at 925/362-7303, or

Texas Hold’em Poker Tournament June 9, 2011, 4:30pm Round Hill Country Club, Alamo New This Year—EUCA’s Scholarship Fundraiser will be a No-Limit Texas Hold’Em Poker Tournament! You don’t have to be a seasoned poker player to join in the fun of this exciting new event. Place your bets on our future leaders, and support the Scholarship Program by registering today. Agenda for the Evening’s Event: 4:30-5:30pm: Doors Open, Networking, Dinner, and “Ask the Dealer” to brush up on your Texas Hold’Em skills. 5:30pm: Tournament Starts: Unlimited Re-Buys Allowed (until 7:00pm) 7:00pm: 10 minute Break and LAST Add-On Opportunity 7:10pm: Tournament Resumes 9:00pm: End of Tournament and Prizes Awarded The new Poker Tournament replaces the Scholarship Golf Tournament for EUCA’s Scholarship Awards Program fundraiser.

Registration: $130 per person (includes dinner, drinks, and $2,000 in chips). For more information, contact Jenn Rogers at 925/362-7309 or or visit Sponsorships available.

First In Service Since 1979




First In Service – Since 1979 Los Angeles, CA N. LA/Ventura, CA Orange County, CA San Brndno/Rvrsd, CA

Escondido, CA 877/246-4085 800/821-4478 San Diego, CA 866/829-6906 877/246-4087 North S.F. Bay Area, CA 800/321-5550 800/772-8004 South S.F. Bay Area, CA 877/246-4086 877/246-4085 website: email:

Sacramento, CA Reno, NV Las Vegas, NV Houston, TX

800/548-0688 877/809-6492 877/809-6493 866/247-9449

May 2011

27 25

EUCA MAY MEMBER ANNIVERSARIES EUCA would like to take this opportunity to recognize and thank the following companies who are celebrating their anniversary of membership with our organization in May:

34 YEARS – 1977

14 YEARS – 1997

Associate Member: Reed & Graham, Inc. Sal Guido

Contractor Members: T & S Construction Co., Inc. Arthur T. Spinella

32 YEARS – 1979

William G. McCullough Co. Todd Schuette

Associate Member: D & L Foundry & Supply, Inc. Brian Groves

20 YEARS – 1991 Associate Members: J.M. Turner Engineering, Inc. Adrianus J. Vermeulen Mid Coast Transportation, Inc. Lance Pierovich

13 YEARS – 1998 Contractor Member: Power Engineering Construction Co. Ken Lindberg Associate Member: Burnham Brown Gregory Brown

12 YEARS – 1999

United Rentals Ron Groff

Contractor Member: Columbia Electric, Inc. Jo Anne Scruggs

18 YEARS – 1993

11 YEARS – 2000

Associate Member: R & B Company Reed Mack

Contractor Members: MCK Services, Inc. Mark Hazen

17 YEARS – 1994

Sposeto Engineering, Inc. John Sposeto

9 YEARS – 2002

4 YEARS – 2007

Contractor Member: Yerba Buena Engineering & Construction, Inc. Miguel Galarza

Contractor Members: Precise Concrete Sawing, Inc. Larry Hurst

8 YEARS – 2003 Contractor Member: Atlas Tree Surgery, Inc. Rich Kingsborough

7 YEARS – 2004 Contractor Members: Shimmick Construction Company, Inc. Paul Cocotis Shimmick Construction Company, Inc./Obayashi Corporation JV Paul Cocotis Vanguard Construction Dominic Sposeto Associate Members: Central Concrete Supply Co., Inc. Dave Perry Vermeer Pacific Tim Hedrick

6 YEARS – 2005 Contractor Members: Las Vegas Paving, Inc. Bill Wellman Lewis and Tibbitts, Inc. Buster Segura

5 YEARS – 2006 Associate Members: Travelers Bob Garaventa

Proven Management Alan Varela

15 YEARS – 1996 Contractor Member: Andrew M. Jordan Inc. dba A & B Construction Andrew Jordan

Associate Member: All American Rentals Michael D. Carter

10 YEARS – 2001 Contractor Member: Duran & Venables, Inc. Sean Venables


Associate Member: BakerCorp Matt Garay

Waller, Inc. Michael Waller

3 YEARS – 2008 Contractor Members: Bayside Stripe & Seal, Inc. Ramy Mughannam RAD Construction Deanne Rose Padel Associate Member: CBIZ Brian Blach

2 YEARS – 2009 Contractor Members: Atlas Peak Construction Dan McLean M & M Foundation & Drilling, Inc. Greg Moeller MDF Pipeline Manuel M. De Freitas Associate Member: ARGO Insurance Group Jim Caswell

1 YEAR – 2010 Associate Members: Adler Tank Rentals Tim Sayre Bejac Corporation Ron Barlet Griffin Pipe Products Company Paul Diamond



IN MEMORY: Jim “JT” Townsend, Trench & Traffic Supply, Inc. EUCA was saddened to learn of Jim “JT” Townsend’s passing on March 9, 2011. James William Townsend was born on December 20, 1948 in Mexia, Texas. His surname at birth was O’Quinn, thus his claim to being Irish that allowed him to use the shamrock. JT’s passion was a career as a salesman, estimator, and designer of shoring and traffic equipment. Jim started his career as a salesman for The Plank Company. He worked for The Plank Company over ten years before he ventured into a partnership in the American Trench Safety Company for two years. When he met Michelle, he returned to the Plank Company in 1989. He stayed with the Plank Company until he was offered a sales manager position with Bob Pitts of Pacific Trench Supply. Later in his career, JT began Trench and Traffic Supply in his garage repairing pump cans and shoring equipment due to a non-compete contract. Trench and Traffic Supply grew into a respectable company with a great reputation. Today, his son, John Harrah, is now the appointed president of the business and his wife, Michelle Townsend, is the appointed owner and vice president. ◆

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Did you know...If you do not have a SWPPP in place, the penalties per day are $10,000 (State), $25,000 (Federal)? The California State Water Resources Control Board (SWRCB) is now implementing training requirements relating to the Construction General Permit (which became effective July 1, 2010) for storm water discharges associated with construction and land disturbance activities. By September 2, 2011, individuals developing and revising SWPPPs must obtain “CERTIFICATION” as a Qualified Storm Water Pollution Prevention Plan Developer (QSD), while individuals implementing best management practices and/or conducting site monitoring, sampling, and reporting activities must obtain certification as a Qualified Storm Water Pollution Prevention Plan Practitioner (QSP).

We know that these new storm water regulations can be confusing. To help you understand the new upcoming requirements, and to keep your company in compliance, EUCA has partnered with WGR Southwest, Inc. for a 2-day QSP training, and an extra 3rd day for QSD training. ONE TIME OFFERING: QSP/2-Day Training: QSD/3-Day Training: May 24 & 25, 2011; May 24-26, 2011; 8:00am-5:00pm 8:00am-5:00pm Cost: $350 per person Cost: $450 per person Save over $300 compared to the cost of other programs!! Location: OSHA Training Center, 7600 Dublin Blvd., Dublin; Continental breakfast and lunch will be served on-site each day.

Register online: For questions contact: Lisa Smith at 209/334-5363, or Joan O’Brien at 925/362-7303,

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S i n c e 19 9 3 28 WWW.EUCA.COM



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SALARY & BENEFIT SURVEY RESULTS FOR THE CONSTRUCTION INDUSTRY Are You Paying Your Employees Too Much? Are You Paying Too Little? Do You Know If Your Compensation & Benefits Package Is Competitive? In todayâ&#x20AC;&#x2122;s market, many employers do not know where they stand. This report has been developed to help you stay informed and remain competitive. It contains industry-specific data collected from 70 construction firms in California who have answered key questions in the following areas: â&#x20AC;˘


Salary Dollar Ranges Paid For Specific Job Positions including: Management, Office and Accounting Staff, Estimating Department, Operations, Engineering and more Benefits Information on: Medical, Dental, Vision, Life, Long-Term Disability, and other significant benefits other than salary

The Construction Financial Management Association (CFMA) and the Engineering & Utility Contractors Association (EUCA)


s !#"ASEROCK MADEONDEMAND (minimum 5,000 ton orders)

s-INUS#OURSE -ATERIAL (for construction access areas)

are pleased to offer these results to help provide you with current benchmark information for your use in employee retention, recruitment, and business planning. Non-survey participants who are members of CFMA or EUCA may purchase a copy at a rate of $150, non-members may purchase copies at $250. Contact Jami Moore at the EUCA office at (925) 855-7900 or by e-mail,, to place your order. Note: Survey content was collected by Loomis & Co. Certified Public Accountants (an independent firm). No one outside the CPA firm will see or have access to individual company information. All information is 100% confidential.

May 2011



CALL ACCESS GRANTED: EUCA is constantly developing and revising resources for our members to provide answers to frequently asked questions and help you run your business more smoothly. Be on the lookout for more scan codes in upcoming issues of EUCA Magazine. They will quickly link you to more information on topics of importance to your business and our industry.



TO GET THIS FREE Union Reference Charts Easy-to-use charts that help contractors pinpoint the collective bargaining agreement provisions in areas where questions come up frequently: Overtime, Special Single Shifts, Subsistence & Travel Pay, Make-Up Days, Show-Up Pay, Reckoning of Time, Meal Periods, Substance Abuse Policies

UNION SUBSTANCE ABUSE TESTING POLICY ADMINISTRATION Quick Reference Chart NOTE: All of the policies listed below are for Northern California only, except for Iron Workers which covers the State of California and a portion of Nevada. Please refer to union agreements/policies for full details. Operating Engineers Local No. 3


Carpenters 46 Counties

Pile Drivers Local No. 34

Plasterers & Cement Masons

Iron Workers


Addendum “C” – Joint Labor Management Substance Abuse Policy

Section 13A – Elimination of Restrictions on Production

Carpenters Uniform Substance Abuse Policy available through application to Carpenters Work Preservation Committee.

Exhibit “B” – Joint Labor/ Management Substance Abuse Policy

Attachment B – Substance Abuse Policy

Effective 1/1/08, Section 24-R has been replaced by IMPACT Drug & Alcohol Testing Program. IMPACT will be mandatory for all employers as of 1/1/09. Details available at Impact.

Supplemental Agreement No. 4 – Substance Abuse Policy

Written Notice of Testing to Union and Employees

Required. 30-day notice required for random testing.

30-day notice required for random testing.

Required. Policy must be renewed annually with CWPC.


30-day notice required for random testing.

N/A – Testing administered by union.

Required. 7 days notice if performing urine screen as part of DOT or other physical exam.

Verbal Notice of Testing to Union Dispatcher


Not Specified.



Not Specified.

Consent Form Signed by Employee/Applicant


Not Specified.

Required for probable cause testing.


Not Specified.

Required for consent form, and for probable cause testing (if union rep. available) before employee gives explanation or submits to test.

Not Specified.

Required for probable cause testing (if union rep. available) before employee gives explanation or submits to test.

Required for consent form, and for probable cause testing (if union rep. available) before employee gives explanation or submits to test

Not Specified.

Required for probably cause testing.

Required for consent form, and for probable cause testing (if union rep. available) before employee gives explanation or submits to test.

Alcohol, cannabinoids (THC), barbiturates, PCP, opiates, cocaine, amphetamines, methaqualone, by-products

“substances which are reasonably likely to alter or impair the employee’s ability to perform his/her duties in a prompt, competent and safe manner”

Alcohol, cannabinoids (THC), barbiturates, PCP, opiates, cocaine, amphetamines, methaqualone, by-products

“substances which are reasonably likely to alter or impair the employee’s ability to perform his duties in a prompt, competent and safe manner”

Alcohol, cannabinoids (THC), barbiturates, PCP, opiates, cocaine, amphetamines, methadone, oxycodon, propoxyphene, benzodiazepines

Alcohol, cannabinoids (THC), barbiturates, PCP, opiates, cocaine, amphetamines, methaqualone, by-products


Master Agreement Section


Notice to Employee of Right to Consult with Union Representative

N/A – Testing administered by union. Forms collected by designated Third Party Administrator (TPA).


Union Substance Abuse Policy Admin (Chart)

Alcohol, cannabinoids (THC), PCP, opiates, cocaine, amphetamines

Page 1 of 3

17 Crow Canyon Court, Suite 100, San Ramon, CA 94583 ‹ 925/855-7900 ‹ FAX: 925/855-7909 ‹

Tag Reader is available through iTunes, or go to to download the app; available for the following mobiles: Android, Blackberry, iPhone, J2ME, Java 2 Micro Edition, Symbian s60, Symbian S60 (1st, 2nd, 3rd and 5th editions), Windows Mobile 5.0-6.1, Windows Mobile 6.5, Windows Phone 7. 30 WWW.EUCA.COM

Apprenticeship Basics for Public Works An overview that explains requirements and procedures related to apprentices on public works projects, including additional resources. Trust Fund Audit Action Response Kit Comprehensive guide to the trust fund audit process from start to finish, including best practices and sample response letters for contractors.



Subcontracting Requirements & Procedures Comprehensive guide to union provisions and requirements related to subcontracting, particularly when using non-union subcontractors.

Get the Tag Reader FREE App for your mobile device, and scan the code on this page. It will take you directly to our EUCA Products page. You’ll find Free Products, ready to download instantly.

Not Specified.

TRUST FUND AUDIT ACTION RESPONSE KIT For Employers Accounting & Finance Personnel 2008 Edition

DISCLAIMER This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. Although reasonable care has been taken in the preparation of this material and information obtained from outside sources is considered to be reliable, there are no warranties, either expressed or implied, as to the accuracy of such information or the applicability of such information to any particular situation. This document is presented with the understanding that the authors are attempting to provide a guide for the subject matter. Any recommendations made are based upon current state and federal law. We do not make any warranties, either expressed or implied, that your company is in compliance with all laws, regulations, codes, or standards. The parties using this information do so at their own risk and specifically hold the Engineering & Utility Contractors Association harmless from anyone claiming damage by using the above referenced material. All Rights Reserved Unauthorized reproduction or redistribution is prohibited.

EUCA y 17 Crow Canyon Court, Suite 100 y San Ramon, CA 94583 y 925/855-7900 y Fax: 925/855-7909 y

Pre-Job Conference Forms Forms that can be used to send to the union(s) prior to a pre-job conference, sometimes eliminating the need for an actual meeting. An overview of the pre-job process is also available. These products, and more, are all available in our Free Downloads on our website (Labor section), or you can contact Labor & Member Services.

Rev. 5/08

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1OZWT]`\WOĂ&#x201A;a:SORW\U>W^SZW\S;ObS`WOZaAc^^ZWS` Services: ARRA Compliant Public Works Specialists Waterworks Fire Protection

Sewer Reclaimed Water Irrigation Storm Drain

&$%#>7>3 Groeniger & Company

3854 Bay Center Place Hayward, California 94545

1-800 281-3333

Locations: Hayward Modesto Fresno Santa Rosa

Sacramento Roseville Bakersfield Salinas

Santa Maria Plant Division Lodi Chico

Tracy Lancaster


LET PETERSON BUY YOUR PARTS. For a limited time, you can get back 10% of your qualified service invoice to use toward future over the counter parts purchases or for parts used on a service work order (shop or field) machine repairs. Step 1: Have qualified service performed April 1 through July 31, 2011. Step 2: A 10% credit from that qualified service is placed within a new Cat ® AccessAccount (up to a maximum of $5,000). Step 3: Use your credit toward future over the counter parts purchases or for parts used on a service work order (shop or field) machine repairs. *Repairs on Cat machines valued at: • $1,000+ repair for Compact machines chines • $2,000+ repair BCP machines h hines • $5,000+ all larger machines

Contact your Product Support Saless Rep today. today * Major component overhaul/rebuild/major repair work invoiced between 4/1/11 and 7/31/11, will be eligible for a Caterpillar parts credit worth 10% of the total invoice. The parts credit will come in the form of a new Cat AccessAccount credit account. Customer parts credits must be used by 12/15/11 on over the counter or future service repairs. Credits cannot be used for open accounts, dealer credits or future purchases beyond 12/15/11 and are not redeemable for cash. Program starts 4/1/11, any service job completed prior to that date does not qualify. Program ends 7/31/2011.

Fortuna 800-562-6735

Willows 530-934-8839

San Leandro 888-738-3776

Willits 800-964-9006

Redding 800-922-1881

Santa Rosa 800-464-1558

Chico 800-421-0747

San Martin 800-562-9260


EUCA May 2011  

EUCA May 2011 Magazine Finding Your Competitive Edge

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