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The Empire State Chapter of Associated Builders and Contractors, Inc.
We are the Empire State Chapter of Associated Builders and Contractors, a national construction association devoted to merit contractors. ABC is a resource for over 23,000 merit contractors and other construction industry professionals committed to safety, training, employee benefits, and community involvement. ABC is also a political organization (PAC), acting to protect and enhance free enterprise and the merit philosophy in the construction industry. The Empire State Chapter serves nearly 700 members throughout New York State from our central office in East Syracuse, and from branch offices in Albany, Buffalo, Rochester and Long Island/Metro NYC.
THE STATUS OF WICKS (as of June 24, 2008)
Given the bombshell news dropped yesterday by Senate Majority Leader Joe Bruno that he will NOT be seeking re-election to the Senate in November, which of course threw the entire Senate into virtual chaos late yesterday, the Senate did NOT adjourn for the year yesterday as they had planned, and they reconvened in session at around 10:00 AM this morning. Unfortunately, our PLA/apprenticeship requirement repeal bill does not appear anywhere on today’s agenda, and word has gotten to us that Speaker Silver has stated emphatically that there will be NO changes to Wicks reform, period. So unless some miracle occurs, I’m afraid that we will not gain the changes to Wicks reform that we have so strenuously sought over the past two months. We are still working the issue to see if there is any way to find that previously mentioned miracle, but it does not look good.
There is an effort being undertaken as we speak to see if there is any potentially successful legal challenge to be waged against the reform provisions, including a temporary restraining order against implementation of the provisions on the July 1st effective date, and we are also working on the development of a PR/communications initiative to engage the public owner community on this issue and proactively educate them about the downside to any attempt to circumvent Wicks by implementing a PLA and apprenticeship requirement.
I will continue to provide updates throughout the day as any new details develop, but for the time being, I believe our efforts have been rejected and will not result in any legislative change to Wicks reform. I so wish I had better news to report.
ABC Pushes for DOL Adoption of IG Recommendations for Crane Licensing
Earlier this month, New York State Inspector General Kristine Hamann issued a detailed report documenting the results of an in-depth investigation into the crane operator certification process here in New York State. The IG investigation revealed that the New York State Department of Labor (the state agency responsible for overseeing the certification process) lacks formal written policies or regulations regarding the administration of the practical examination required to obtain a crane operator’s certification, which ultimately leaves the process open to abuse. In addition, the report finds that practices employed by the Department of Labor in the administration of the examination are unfair and give the appearance of bias in favor of members of the union. And lastly, the Inspector General uncovered various instances of misconduct by Department of Labor employee Frank Fazzio, the most serious of which was the improper issuance of crane operators’ certifications to more than 200 applicants.
Incorporated in the IG’s report are several recommendations that ABC is pushing the NYSDOL to adopt in order to restore fairness and integrity to the certification process. Among them: 1) the practical exam should NOT be administered on cranes to which some applicants have greater access prior to the exam the others; 2) applicants should have the opportunity to take the exam on a well-functioning crane; 3) DOL should draft policies and regulations regarding the conduct and administration of the practical exam; and 4) the DOL Commissioner should re-evaluate the size and composition of the Crane Board to ensure that membership on that Board is balanced to avoid an appearance of bias towards union member applicants. Subsequent to the release of the IG’s report, ABC issued this statement: “We fully support the recommendations for reform in the crane operator licensing process that are set forth in the inspection report,” said Rebecca Meinking, President of the Empire State Chapter of Associated Builders and Contractors. “Workplace safety and fair certification standards are essential.”
ABC will continue to push for reforms in the practical examination process to allow all operators, regardless of labor affiliation, equal access to a fair and equitable testing process.
ABC Calls for US Attorney/NYS Inspector General Probe Into DMV Database Access By IUOE Local 17
ABC has formally requested that the US Attorney and the NYS Inspector General launch investigations into how members of the Operating Engineers Local 17 were able to access the NYS Department of Motor Vehicles database to obtain private information about merit shop contractors and construction workers who became the targets of union harassment and intimidation. This unwarranted access to private information by union members came to light during the course of a 10-year investigation which resulted in the recent arrest of a dozen Local 17 members who now stand charged with extortion, conspiracy, and racketeering. These individuals were able to get home addresses of merit shop contractors and their employees and used that address information to harass, intimidate, and allegedly commit violent acts against those contractors, workers and their families. “If in fact, members of Local 17 had access to home addresses and family information, and used that information inappropriately, it is shocking”, said Scott Zylka, Vice President and Government Affairs Director of ABC’s Empire State Chapter, “The possibility that members of Local 17 had government employees assist them in gathering personal information on these workers and then used that information to commit criminal acts demands close and immediate review by state and federal officials”, he added.
In order to improve our delivery of training to ABC member companies, we are trying to determine the type and level of training taking place in ABC member companies at this time. Please take a moment to complete this survey to help us gather accurate information to guide our priorities moving forward.
Palermo Paving, Inc.
Bellport, NY 11713 United Ranger, Inc.
DBA United Electric Co
Westbury, NY 11590 New Frontier Excavating & Paving
Eden, NY 14057 Kimil Construction, Inc.
Cheektowaga, NY 14227 Dynasty RSW, LLC
Medford, NY 11763 Blendex, Industrial Corporation (re-join)
Lindengurst, NY 11757 Ahrens Associates, Inc.
Amityville, NY 11701 Jupiter Environmental Services
Albany, NY 12205 Ramar Steel Erectors, Inc.
Rochester, NY 14605 Verizon Wireless
Buffalo, NY 14225 SJ Hoerning Construction, Inc.
Bayshore, NY 11706 Doral Asset Management
Massepequa, NY 11758 Erie Contracting, Inc.
Lancaster, NY 14086 Titan Wrecking and Environmental, LLC
Kenmore, NY 14217
Virginia Contractor Bill Fairchild Sworn in as ABC National Chairman
Bill Fairchild, president of R.W. Murray Co. in Manassas, Va., was sworn in as ABC’s 2008 national chairman during a special March 5 ceremony, one day before the opening of ABC’s 2008 National Convention in San Juan, Puerto Rico. Fairchild officially began his one-year term as ABC national chairman on January 1, 2008.
