CRUSHING IT

SUMMER 2021

CRUSHING IT Aggregate Plants Meet Production Demands

2 / Wisconsin News Summer 2021

T he sun is shining, the weather is warm, work is breaking loose all around us, our opened

contracts are ratified and allocated, our Midwest Coalition of Labor and our Operating Engineers Local 139 Defined Contribution Fund (annuity) have been successfully launched. For the first time in over a year, I do not have to dwell on COVID-19 and the efforts being made to continue moving our industry forward as we navigate through a pandemic. It feels good to address our membership about contract statuses and the new programs we spent a great portion of last year designing and putting in place to enhance the benefits of being a member of our great organization. All of this as we watch the pandemic and its residual effects it has had on our lives, our industry, and our economy, slowly fade away in our rearview mirror.

While our vertical contractors seem a bit hesitant to celebrate our economic recovery; our roadbuilders, earthmovers and underground utility contractors seem to show a lot more confidence in a robust and speedy rebound in our industry. And those of us at Local 139 share that optimism, with good cause. There is a great deal of effort to bring to the house floor in Washington DC, many different bills that are not only designed to rebuild America’s infrastructure, but some of them have area standards protection built in them as well. Many of these bills are the very same ones that we hear about in the news, almost daily. The “American Jobs Act of 2021” is President Biden’s sweeping proposal to bring America’s infrastructure into the 21st century. It is part of a larger initiative called the “Build Back Better”

and as the AJA of 2021 rolled out, it had a price tag of $2 trillion. As the initiatives tried to garner bipartisan support, the two major disagreements came over the price tag, as well as the definition of infrastructure. Obviously, our primary concern is the traditional definition: streets, roads, bridges, waterways, locks, damns, and wastewater treatment.

While arguments could be made that some of the inclusions fall more towards social engineering programs, there are many programs included as national infrastructure that opened some eyes, and I suppose it is because no one has engaged in a serious conversation about national infrastructure for so long that the public just was not aware of the true definition. The power grid, telecommunication, high-speed internet, cybersecurity, and America’s supply chain, to name a few. These all generate work within our craft and, while we may not agree on literally everything in the initiative, I can say with a large degree of confidence that there is even more work for us included within this initiative than you may realize at the surface.

We also have some very prominent reauthorization bills before the Transportation and Infrastructure

Wisconsin News, published continuously since 1961, is the official journal of

International Union ofOperating Engineers Local 139.

N27 W23233 Roundy Drive, P.O. Box 130, Pewaukee, WI 53072

Telephone: (262) 896-0139

Toll-free: (800) 280-0139

Fax: (262) 896-0758

Editor-in-Chief: Terrance E. McGowanMarketing Director: Shannon Birnschein

Wisconsin NewsAround the State

Operator’s Toolkit

District A Report .............................................4

District B Report .............................................6

District C Report .............................................8

District D Report .......................................... 10

Training Director’s Report .................12-13

Know the Law ...........................................14-15

Political Report ...............................................16

CBG Report ................................................20-22

Health Fund Report ...............................26-29

Retiree News .............................................32-33

CONTINUED ON PAGE 34

President/Business Manager,IUOE General Vice President

Terry McGowan

Cover Photo Operators Dave Rebstock, Rodney Thums,

Jeffrey Klingbeil, and Jake Yakey with Northeast Aphalt, Inc. working at Church

Road pit in Brown County.

Additional photos on pages 24-25. —

Photo by Business Agent John Oppeneer

—

www.iuoe139.org

FORWARD

True Definition Of Infrastructure

REMINDERPlease plan to attend the General

Membership Meeting at 10:00 a.m., Saturday, July 10, at the Pewaukee

Hall, N27 W23233 Roundy Drive.

Wisconsin News / 3 Summer 2021

There’s An App For That

Steve BuffaloFinancial Secretary, Chief of Staff

Our power lies in our collective voice. When Unions are strong, all workers win. And

unions are strongest when they are connected and communicating with their membership.

I mention this because your Local 139 is building a digital presence to communicate more effectively and efficiently, especially since our membership is growing. As technology advances, society has become more dependent on the internet for communication and information. This can be seen in different facets of the workforce. As leaders we must effectively reach and engage with our members about Union Meetings, Executive Board decisions, and Newsletters. Those are the reasons for communicating and why there is a need for digital tools like our new IUOE 139 App. This app allows us to directly connect with our membership.

Mobile apps have become one of the most valuable digital tools for unions like ours. Instead of our members having to seek out information, we can send it to them using push notifications. A profile is created for each individual member with the ability to view member resources, and

receive the push notifications on upcoming meetings, events, and political action. You, as members, will learn more about the status of your membership, benefits available to you and stay connected with your Union.

The IUOE 139 App is available now! It is a great way for our members to stay connected. We will have up-to-date news and events in the calendar section. You will be able to see industry and contract specific updates, browse our Local 139 Directory, find your district office and district map to locate a particular Agent or office

location. Hopefully, by using a mobile platform, we will have the ability to engage the membership and strengthen our Union even more!

Terrance E. McGowan............................................President/Business ManagerDan Sperberg .................................................................................... Vice PresidentShane Griesbach ....................................... Recording-Corresponding SecretarySteve Buffalo ............................................................................ Financial SecretaryMark Gauf ................................................................................................... TreasurerShaun McHugh ..............................................................................................TrusteeBob Weaver ....................................................................................................TrusteeTimothy Goetz ................................................................................................TrusteeBill Dreyer .......................................................................................................AuditorNicholas Michels ............................................................................................AuditorAaron Raab .....................................................................................................AuditorAllan Fogel ........................................................................................................ GuardSam Smith ................................................................................................ ConductorGreg West .......................................................Executive Board Member at LargeJames Axtman .......................................................... Executive Board - District AKevin Smith ............................................................... Executive Board - District ACory Leist ................................................................... Executive Board - District ACraig Glover ...............................................................Executive Board - District BMatthew Ison Jr .......................................................Executive Board - District BJeffrey A. Artus ........................................................ Executive Board - District CDarin Rubenzer ......................................................... Executive Board - District CRicky Valenta ............................................................Executive Board - District DCorey Vander Loop ...................................................Executive Board - District D

IUOE Local 139 Officers

Members Michael Gompper, Nick Dykstra, Pal Michael Brown, and Fernando Huerta working for Stark Pavement Corporation

(Northwest Asphalt) in Milwaukee.

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G reetings, Brothers and Sisters. Local 139 wrapped up a busy contract negotiation season

with the Area I Master Building Agreement, Heavy and Highway, Sewer, Water and Tunnel (wages only), plus several standalone crushing agreements.

Work in Southeast Wisconsin continues to be steady. The Couture, a 44-story skyscraper project is finally underway, with J.H. Findorff & Son Inc. as the General Contractor on the project. Findorff is also progressing with the Marquette project on 16th Street and Wisconsin Avenue.

J.P. Cullen, Inc. is performing work for UW-Milwaukee and working on the Westlawn Housing project. Gilbane, Inc. and C.D. Smith Construction, Inc. continue work on the Haribo Manufacturing Plant in Pleasant Prairie.

The Wisconsin Department of Transportation has also

been good to Local 139, awarding many projects to our contractors. Zenith Tech, Inc. was recently awarded the I-43 project valued at $57 million. Michels Corporation, Hoffman Construction Co., and Lunda Construction Co. are progressing nicely on the $160 million Zoo Interchange North Leg Project. Additionally, J & A Pohl, Inc. is working on Highway 100.

James Peterson Sons, Inc. and Buteyn-Peterson Construction Co., Inc. have a large project on North Avenue in

Waukesha County. New Berlin Grading, Inc. is performing demolition work at Goerke’s Corners, making way for a new hotel and site development on various projects.

As always, I hope we can all be thankful for what we have as members of Local 139. Great wages and working conditions, excellent healthcare and pension, and now many of Local 139’s agreements have the annuity fund included.

Highly Anticipated Couture Project Begins

Executive Board Member at Large,District A Manager

Greg West

DISTRICT A

Business Agents/Organizers Serving District A

Tim Krieg Dan Marsolek Thomas Moore Jr

A Super Western, Inc. crew working on the beginning stages of The Couture

project in Downtown Milwaukee.

Local 139er’s Bobby Keyes, Paul Dallapiazza, Chad Cadman, and Bradley Martin are on-site.

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Operators Evin Buffalo, Kevin Wachal, Michael Branski, Peter Girolamo, Brandyn O’Haver and Kyle O’Haver working for A.W. Oakes & Son at the Pheasant Run Landfill in Kenosha County.

Operators Michael Herington, Adam Stritesky, and Andrew Pautsch working on the Zoo Interchange North Leg Project for Michels Corporation in Milwaukee.

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H ello Brothers and Sisters! I hope you are well and off to a great start to a busy year.

Al Fogel and I met United States Secretary of Labor Marty Walsh and United States Representative Ron Kind at the Dairyland Power Cooperative Service Center in La Crosse on May 25. Secretary of Labor Walsh promoted The American Jobs Plan for President Biden, an infrastructure plan of approximately $2 trillion. There is more to this bill than infrastructure; it also includes additional funding for broadband, job training, and investing in your future. He stressed this is not a democratic bill! It is a bill that should get passed by all the parties to help the people of the United States. He seems to be the right fit for all labor, especially for Union Labor.

On the I-39/90 Expansion Project, Hoffman Construction Company and Frank Silha & Sons Excavating continue to move dirt on both Janesville and Beloit sites, with Michels Corporation laying concrete. Zenith Tech Inc. continues to deck bridges and has begun the parapets and sound walls on the north Janesville job. Granite Construction is still working on flyovers and piers in Beloit. Both projects are scheduled to be completed this fall.

C.D. Smith Construction Inc. has two wastewater plant upgrades in Jefferson County, with August Winter & Sons Inc. and Andrews Excavating LLC as subcontractors. There are $28 million of city street improvements in the southern

four counties, including sewer and water, curbs, and paving. Contractors Fischer Excavating Inc., Genesis Excavators Inc., A-1 Excavating, Inc., Michels Corporation, Payne & Dolan, Inc., Rock Road Companies, McGuire, Inc., Maddrell Excavating, LLC, and Yeske Construction Company, Inc. are performing the work.

La Crosse is also busy, with C.D. Smith Construction starting a $44 million wastewater treatment

plant. McCabe Construction, Inc. is working on various street projects in the Onalaska and Holmen areas. Gerke Excavating, Inc. is performing reconstruction work on Gillette Street and site work for the new La Crosse County Building on St. Joseph Ridge.

C.D. Smith Construction, Inc. is the construction manager on $30 million worth of work for the Columbus School District. Currently, Monona Plumbing & Fire Protection is on site. J.F. Brennan Company, Inc. has an additional $5 million worth of work on the Prairie du Sac Dam, scheduled to start after July 4. McGuire has some site work on U.S. Highway 151 in Dodge County.

Miron Construction picked up the Mauston Area School Referendum worth $58 million. They are building a new elementary school in addition to remodeling in the rest of the district.

I hope everyone has a safe and prosperous year!

Dirt Continues To Move On I-39/90 Expansion

Treasurer, District B ManagerMark Gauf

DISTRICT B

Business Agents/Organizers Serving District B

Tim GoetzJeremy Allen Al Fogel Tim Vike Bob Weaver


Operator Zachary Schlimgen pouring curb and gutter for Parisi Construction Co., Inc. in Madison.

Local 139ers Derek Foley and Brad Godfrey working for InterCon Construction, Inc. in Newville.

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Operator Brent Fryk with S&L Underground, Inc. prepping for blacktop in Mount Horeb.


H opefully, you have it in the “Big Pulley”, and the hours are adding up. The

construction season came quickly, and many members were happy to get back to work. Please remember to call the Health Benefit Fund office to add any new family members to your insurance by calling the Health Benefit Fund or visiting our website for the enrollment form (www.iuoe139.org, then click Health Benefit Fund and Member log-in).

Our dispatchers have been busy working with contractors to fill large project dispatch requests throughout the State of Wisconsin. Many of the jobs are long-term.

As always, keep in mind your health and safety and have physical awareness of changes in your body. Many times, members overlook skin cancer prevention, such as wearing sunblock and protective clothing. Common signs of skin cancer are bleeding, scaliness in skin texture, and formations of rashes and discolored spots on the skin’s surface. Also, be aware of moles changing color or size. The American Association of Dermatology recommends a water-resistant broad-spectrum SPF 30 or higher and to apply throughout the day. Protection is crucial for our members working outdoors continuously in the humidity throughout the summer.

It is great to see a lot of operators involved in heavy and highway work in the northwestern part of the state. With $30 million of DOT work, Monarch Paving Company is steadily working on projects with a handful of our membership. James Peterson Sons, Inc. and A-1

Excavating, Inc. have multiple jobs in District C. Skid Steer Guy, LLC (SSG) picked up work at Chippewa Valley Technical College, along with residential and commercial projects throughout the Eau Claire area. Gerke Excavating, Inc. dispatched second shift operators at the Mosinee Airport, and Trierweiler Construction, Inc. set up the concrete plant. There is also a $10 million valued hanger project at this location. Total Excavating, LLC has eight new subdivisions in Pierce and St. Croix Counties. Albrightson

Don’t Forget Your Sun Protection!

Auditor, District C ManagerAaron Raab

Business Agents/Organizers Serving District C

Troy LittlejohnCasey Aronson Adam Kaseno

DISTRICT C

Mathew Laabs

Operator Gabe Otterson working for A-1 Excavating, Inc. in Abbotsford.

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Excavating, Inc. also has some subdivision work in the area.

Ryan Central, Inc. and Homer Tree Service, Inc. are nearing completion with grubbing and clearing for the solar farm site in Wood County. This project requires OSHA 10 certification for members on-site.

Power plants and building work are also busy industries this year for the Operating Engineers. Miron Construction Co., Inc. will be constructing the Aspirus Clinic in Wausau. August Winter & Sons will be performing the underground utilities, and Soper Sewer & Water, LLC has the dirt and clearing work on this project.

In the Northwoods of Wisconsin, Milestone Materials is spending long hours crushing to produce material for the numerous Northwoods Paving and American Asphalt jobs. James Peterson Sons continues work on the US 2 and US 51 Interchange. Additionally, Mashuda Contractors, Inc. has a $17.5 million project on the Trego Interchange. Work at the $1 billion Husky Oil Refinery rebuild continues and projects to employ nearly 60 Operating Engineers throughout next year in Superior.

Have a safe and prosperous work season this summer. And don’t forget your sun protection!

A Total Excavating crew replacing water main and services through Spring Valley on Highway 29 in Pierce County.

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Operator Tanan Knapp working for Lunda Construction on one of five bridge structures at the Trego Interchange project in Washburn County.

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Operators Joe Lorrigan and Powell Littlejohn working at the Husky Oil Refinery for AZCO INC. in Superior.

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T his spring was exceptionally busy for our union staff. We are incredibly blessed to have

such dedicated individuals working tirelessly to achieve successful results. Kevin Doucette, a permanent fixture on the S. J. Louis picket line, worked with the District D Agents to schedule late-night appointments to meet with potential contractors wanting to become signatory with Local 139. District D is proud to welcome Blue Turtle Environmental, LLC, 920 Excavating, LLC and Boom and Sign, LLC as newly signed signatory contractors. Even with the residual effects of the pandemic our staff encountered, they were able to bring in new contractors. Good luck to all our new contractors!

District D Business Agents spent time negotiating successor agreements for Badgerland Aggregates, LLC and Spancrete. In year one of a three-year contract, Badgerland Aggregates, based out of Manitowoc County, received a 3.9% increase and foremen received a 6% increase. Spancrete also received a three-year agreement with a 3.7% increase. Negotiating is an art form and requires research and interactions with the members to discuss pending issues and desires. This information is used to support each request brought to the negotiation table.

During this year’s Heavy and Highway and Area I Building negotiations, we presented proposals focused on the future of our industry. We were successful, which takes practice and patience since every contract is unique. When there is open dialogue between negotiating committees, I firmly believe it is easier to find common ground. This year’s negotiations are

a true testament to our staff’s strong relationships with our contractors.

Our work scene was active this spring, and contractors have been requesting members regularly. Miron Construction Co., Inc. recently started two projects, each over $100 million. The Town of Holland biodigester project will help area mega-farms convert methane gas into natural gas, which will eventually supply enough energy to support multiple mega-farms. An 8” gas line, two miles long, will also be constructed

as part of this project. Soper Sewer & Water, LLC also has a sizable amount of dirt to move on this project. Miron additionally started the construction of a new high school in Neenah. The project is worth $120 million, with Veit & Company, Inc. completing the mass excavation. C.D. Smith Construction, Inc., Relyco, Inc., and Gauthier and Sons Construction, Inc. are constructing a 500,000 square foot warehouse for Green Bay Packaging. This building will house paper produced by the newly built paper mill in Green Bay, which is now fully operational.

Construction has started on the Highway 15 bypass project. Integrity Grading & Excavating, Inc. and Mashuda Contractors, Inc. will be performing most of the mass excavation, with Lunda Construction Co. constructing the bridges. Michels Corporation, Homer Tree Service, Southpaw Fencing, LLC and Trierweiler Construction & Supply Co. were also awarded work on this project. Only $45 million of the $120 million of this project has been let, so there is more to come.

We hope everyone has a great work season and are looking forward to seeing everyone at our upcoming Local 139 Family Picnic. It will be great to reconnect in person again!

Shane GriesbachRecording-Corresponding Secretary,

District D Manager

Welcome New Contractors DISTRICT D

Business Agents/Organizers Serving District D

Travis Martzahl John Oppeneer Bob Schmitz Don Socha


Member Michael Kratz prepping the Veterans Memorial Lift Bridge for Vinton Construction Company in Kaukauna.

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A family team working for McMullen & Pitz Construction Co. on Highway ZZ in Wrightstown. On-site are Local 139ers John Schmidt, Austin Schmidt, and Laborer Addison Schmidt (Local 330).

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Training Center Facility Ready For New Addition

Dan SperbergVice President, Training Director

A s we finish up the 2020-2021 training season, we have a great sense of

accomplishment for all we achieved. During a national pandemic, the Coloma Training Center were innovators in how to train operating engineers safely. The implementation of online and hybrid courses in addition to our traditional training courses allowed us to impact our membership with another safe and successful training season.

Participation by the members was truly remarkable again this season as members took advantage of the many different training platforms available. Members participated in a wide assortment of skill improvement and certification courses to help themselves be more efficient and productive for their employers. Over 8,300 training seats were filled by members this training season (June 1, 2020- May 31, 2021). Members participating in our new online courses filled 1,265 training seats. Online courses included Basic

Grade and Basic Maintenance. Lead by Mike Burt, our members were also able to complete Hazmat and MSHA refresher courses entirely online in the safety of their homes this season. Members filled 333 training seats by completing hybrid courses, allowing students to start the class at home for week one and finish week two in Coloma utilizing the facility and the equipment. These classes included Basic Equipment, Basic Excavating, Basic Crane, Lattice Crane, and Asphalt Paving.

At Coloma, we are currently looking at adding another addition that will expand both the classrooms and the shop. The expansion is still in the drawing stages, as the architect looks into accommodating our best needs.

I want to thank the members and staff of instructors who helped make the 2020-2021 training season successful. Together we continue to provide Wisconsin with a safe and productive workforce.

TRAINING

A-1 Excavating, Inc. Komatsu Excavator PC360LC-11 Komatsu Excavator PC138US American Asphalt John Deere Motor Grader 670G Cat/Weiler Paver AP1000F Buteyn-Peterson Construction Co, Inc. Cat Dozer D6T

Dawes Rigging & Crane Rental, Inc. LinkBelt Crane R/T w/Jib 8065 LinkBelt Crane R/T w/Jib 8050 Edgerton Contractors, Inc. Cat Dozer D6K Cat Excavator 325FLCR

Fabick Cat Cat Dozer D6XELGP Cat Dozer D6K2 ATI Level Best Grade attachment PD84 ATI Level Best Grade attachment GB108 Cat Compact Track Loader 289D3 Gerke Excavating, Inc. Cat Dozer D6N H. James & Sons, Inc. Cat Dozer D6K2LGP Cat Motor Grader 140H Cat Dozer D6N Hilltop Trucking & Excavating, Inc Cat Dozer D6NLGP Cat Excavator 335FLCR

Integrity Grading & Excavating, Inc. John Deere Grader 772 John Deere Dozer 750KLGP John Deere Dozer 750K Volvo Excavator ECR235E InterCon Construction, Inc. Cat TLB 420F2 James Peterson Sons, Inc. Cat Excavator 336

Mashuda Contractors, Inc. Cat Excavator 336F Cat Dozer D6T Mathy Construction Company/ D.L. Gasser Construction Cat Paver AP1000F

The Training Center would like to thank the following contractors and dealers for their generous partnership that helped make our 2020-2021 training season successful.Our success would not be possible without these great equipment contributions.


Students and staff participated in two miles of community cleanup at the Joseph J. Goetz Training Center’s Adopt-A-Highway segment this April in Coloma. Back row: Eli Berres, Samuel Christie, Levi Miller, Scott Schmitt, Luke Hickman, Jason Rozak, Clint Vande Hey, Parker Wathen, Spencer

Szutkowski, Matthew Bonk, Jason Riel, Scott Johnson, Zachery Scott, and Collon Meating. Front row: Bob Cayer, Michael Fox, Vice President/Training Director Dan Sperberg, Jeffery Krause, Genie Metoyer, Lonnie Hansen and Mike Burt.

Integrity Grading & Excavating, Inc. John Deere Grader 772 John Deere Dozer 750KLGP John Deere Dozer 750K Volvo Excavator ECR235E InterCon Construction, Inc. Cat TLB 420F2 James Peterson Sons, Inc. Cat Excavator 336

Mashuda Contractors, Inc. Cat Excavator 336F Cat Dozer D6T Mathy Construction Company/ D.L. Gasser Construction Cat Paver AP1000F

Miller-Bradford & Risberg, Inc. Carlson Paver CP100 Case Dozer 1150M Kobelco Excavator SK210 Kobelco Excavator SK85CS-7 Case Loader TR270B Bomag Compact Heavy Dual Drum BW900-50 Kobelco SK55SRX Kobelco Excavator SK270SRLC Case Excavator CX145B Kobelco Excavator SK35SRC Case Excavator CX80C Sandvik Impact Crusher QI341 Kobelco Excavator SK260LC Bomag Roller Double Drum BW138AD Case Roller Double Drum DV26 New Berlin Grading, Inc. Cat Excavator 336ELH Komatsu Dozer D39PSI Cat Dozer (Topcon) D6NLGP Northeast Asphalt, Inc. Cat Motor Grader 140M3 Cat Paver AP655C

Pheifer Brothers Construction Co, Inc. Kobelco Lattice Crane CK800 Relyco, Inc. Cat Dozer D6TLGP Cat Excavator 336F Cat Excavator 336E Roland Machinery Co. Komatsu Dozer D61PXi-24 Komatsu Excavator PC290LCI-11 St. Joseph Contracting Komatsu Track Dozer D61PX Trierweiler Construction & Supply Co Cat Motor Grader 140H

Veit & Company, Inc. Cat Excavator 336D Vinton Construction Co. Cat Excavator 321C Cat Dozer D5K2

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PRO Act, If Passed, Will Restore Bargaining Power To Unions

I n our articles, one of my partners, Pasquale Fioretto, and I regularly discuss the National

Labor Relations Act (“NLRA”) and its importance in correcting the “inequality of bargaining power” between employers and employees. Indeed, in 1935, when Congress initially passed the NLRA, which President Franklin D. Roosevelt signed, it declared as its fundamental policy:

The inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract, and employers who are organized in the corporate or other forms of ownership association substantially burdens and affects the f low of commerce, and tends to aggravate recurrent business depressions, by depressing wage rates and the purchasing power of wage earners in industry and by preventing the stabilization of competitive wage rates and working conditions within and between industries.

Experience has proved that protection by law of the right of employees to organize and bargain collectively safeguards commerce from injury, impairment, or interruption, and promotes the flow of commerce by removing certain recognized sources of industrial strife and unrest, by encouraging practices fundamental to the friendly adjustment of industrial disputes arising out of differences as to wages, hours, or other working conditions, and by restoring equality of bargaining power between employers and employees.

Since its initial enactment in 1935, the NLRA has been modified on two occasions – once, in 1947, by the Labor Management Relations Act and then again in 1959, by the Labor Management Reporting and Disclosure Act. Significantly, Congress specifically intended that both of these amendments would restrict the activities and power of labor unions. Additionally, various decisions by the National Labor Relations Board (“NLRB”) and/or the Federal Courts have further undermined the protections initially granted by the NLRA in 1935.

Accordingly, in March of 2021, the House of Representatives passed a bill known as the Protecting the Right to Organize Act of 2021 (“PRO Act”), which has the mission of restoring the balance of power between employers and employees that has been eroded over the past 60 years. The PRO Act currently awaits a vote in the Senate as support continues to build for its passage. President Biden has already indicated that he will sign the PRO Act once it is passed by the House and Senate. This new law would be one of the most important

pieces of legislation to help labor that has been created since the passage of the NLRA.

If passed, the PRO Act will provide several key changes to the existing federal labor laws. For example, the PRO Act provides for additional damages and penalties for violations of the NLRA known as the Unfair Labor Practices. Currently, if an employer fires an employee for supporting the Union, the remedy is limited to reinstatement and back pay. However, that back pay is reduced by any earnings incurred by the discharged employee while waiting for the case to be fully litigated. As such, the dollar amount of the eventual back-pay award provides little or no deterrent to an employer from firing a Union supporter in an effort to thwart the Union’s organizing campaign. Under the PRO Act, the violation would require the employer to pay the discharged employee back pay without reduction, front pay if appropriate, consequential damages, and additional liquidated damages equal to two (2x) times the amount of damages awarded. Further, the NLRB could impose a civil penalty not to exceed $50,000 for each violation committed by an employer.

Next, presently the sole avenue to pursue unfair labor practices is limited to the NLRB. The investigation and litigation can take years to be resolved due to budget and staffing issues of the NLRB. Under the PRO Act, employees would be allowed to bring a civil action in federal court after a specified period of time, or if the NLRB notifies the employee that it has elected not to pursue the violation. In the civil action, the employee will be entitled to recover, if successful, not only back pay without reduction, front pay, consequential damages, liquidated damages, but also punitive damages and reasonable attorneys’ fees and other reasonable costs

KNOW THE LAW

Legal CounselBrian Hlavin


associated with the lawsuit. These changes would eliminate the incentive which currently exists for employers to delay as much as possible ULP investigation and litigation.

Other important changes under the PRO Act would make it unlawful if an employer does any of the following:

• forces employees to agree not to pursue or join any kind of class or collective claim against their employer related to their employment;

• terminates or replaces economic strikers;

• discriminates against any employee because the employee supports and/or participates in a strike; and

• locks out, suspends or otherwise withholds employment to influence the employees to accept the employer’s position in collective bargaining.

Similarly, the PRO Act would remove prohibitions upon unions from requiring mandatory dues/fees to

be paid by all employees for the cost of representation notwithstanding any state right-to-work law. Further, it would repeal the ban on unions from engaging in secondary boycotts, jurisdictional strikes and/or continued recognitional picketing.

The PRO Act would also make it far more difficult for employers to stall and delay in contract negotiations, particularly in first contracts. Indeed, the PRO Act sets specific time limits and dispute resolution procedures to resolve those disputes. As we have discussed previously related to the Union’s Sun Belt campaign, had the PRO Act been in place, those employees would not have waited nearly three years to obtain a Union contract due to the Union being forced to litigate Sun Belt’s repeated violations of Federal labor law.

While this article has highlighted certain changes of the PRO Act, there are several others that are as equally important to organized labor. The IUOE and Local 139 continue to work tirelessly to push for the passage of the PRO Act so these necessary changes can be made.

Operators Mark Crook and Ritchie Kohlnhofer working for Concrete Structures, Inc. near Soldiers Grove in Crawford County.

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A s more people are vaccinated, and restrictions are lifted, the Capitol is now back open to

the public. Legislators have been busy taking meetings while Joint Finance Committee (JFC) members have been working out budget issues.

In Governor Ever’s proposed budget there was a provision under the Department of Workforce Development (DWD) regarding Misclassification that Local 139 was advocating to keep in the Republican’s version of the budget. The provision would have supported investigations and audits for worker misclassification by increasing penalties and funding more investigators. Unfortunately, the Finance Committee voted on its first day of budget deliberations to remove this provision from the budget. So now we are pursuing separate legislation to address this important issue.

Under current law, employers are required to correctly classify each worker as either an “employee” or “independent contractor.” When an employee is labeled as an “independent contractor,” employers are allowed to forego certain tax withholdings, as well as health, retirement and unemployment insurance benefits. These employees can be denied access to protections they are entitled to by law, including minimum wage, overtime compensation, workers compensation coverage, and family and medical leave.

The proposed legislation supported by Local 139 would

essentially escalate penalties for those employers who knowingly and intentionally provide false information to DWD for the purpose of misclassifying or attempting to misclassify an individual. The bill would remove the current limitations on these penalties and provide that the penalties double for each act occurring after the date of the first determination of a violation. Additionally, any type of employer would be subject to these penalties.

Workers’ compensation penalties for uninsured employers are also addressed and increased in the proposed bill. If an employer violates the law by requiring an employee to pay for any part of the workers’ compensation insurance, fails to provide mandatory workers’ compensation insurance coverage, or provides false information about the coverage, penalties are also increased.

Expect to see this bill introduced in the State Senate and Assembly in the next few months. We look forward to passing legislation that will bring justice to those who are not treating their employees fairly and to assure that jobs are bid on a level playing field.

As always, if you have any concerns or issues, feel free to reach out to us.

Bob Welch is based in Madison and works on Local 139’s legislative issues.

Advocating For Proper Worker Classification

Bob Welch

POLITICAL REPORT

Apprentice Mason Riehl employed by Miron Construction Co., Inc. working on

the new ThedaCare Hospital in Appleton.

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General Membership

Meetings Return!

President/Business Manager Terry McGowan conducts the April General Membership at the Joseph J. Goetz Training Center in Coloma. Find all upcoming meetings on Local 139’s website: www.iuoe139.org or the IUOE 139 App calendar.

Member Patrick Lairy is a lucky PAC ticket winner of a Local 139 Coleman steel belted cooler.

Vice President/Training Director Dan Sperberg swears in Apprentices Aaron Morrow and Arturo Balderas.

Midwest Coalition of Labor (MCL) Director Kenneth E. Edwards introduces the excellent benefits MCL offers to our membership.

Health Benefit Fund Administrative Manager Rita Becker reviews Local 139’s Defined Contribution Annuity Fund.


ACS Asphalt Concrete Solutions, Inc. Area II Building

Airco Power Services, Inc National Maintenance Agreement

ALP Heavy Service, LLC Associated Earth Movers, Heavy & Highway

Apex Commercial Const., Inc. Heavy & Highway

Blue Turtle Environmental, LLC Associated Earth Movers

Keller Industrial, Inc. Heavy & Highway

Konstruction Services, LLC Area I & II Building, Heavy & Highway

Lepke Trucking & Excavating LLC Heavy & Highway, Area II Building, Associated Earth Movers

Phoenix Crane & Rigging Area II Building

Steffen Excavating, LLC Associated Earth Movers

Tenex Contractors Corp. Heavy & Highway, Area I & II Building, Associated Earth Movers

New Contractors

Organizer Mark Rabago signs contractor Apex Commercial Construction, Inc. (A Wisconsin Corp.), previously The Kuehne Company, Inc. with Local 139. Owner William Ken Buford lll with his son William Buford lV are pictured.

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Congratulations Recent Apprentice GraduatesGRADUATION DATE

Nathan Anderson ............................................................. May 10, 2021 Mark Anton ....................................................................... May 10, 2021 Steven Barton ...................................................................Apr. 23, 2021 Eric Baylor ..........................................................................Apr. 21, 2021 Mitchell Beaumont ...........................................................Mar. 15, 2021 Brett Binder ..................................................................... Mar. 23, 2021 Wencil Bloedow ................................................................. Apr. 17, 2020 Tristan Brummond. ...........................................................Mar. 15, 2021 Tanner Buttke ................................................................... May 14, 2021 Mitchell Collins .................................................................Mar. 15, 2021 Christopher Cox ................................................................. Apr. 17, 2021 Drew Craig ....................................................................... May 25, 2021 Triston Dever ....................................................................Mar. 15, 2021 Michael Dewitt................................................................... Apr. 17, 2021 Jonathon Ebert ..................................................................Apr. 13, 2021 Dylan Ehnerd .................................................................... May 10, 2021 Andrew Felder ................................................................. May 28, 2021Jeremy Fischer ................................................................ Mar. 15, 2020 Matthew Frey ..................................................................Apr. 06, 2020 Cade Furgason ................................................................ Mar. 30, 2021 Eric Gates ..........................................................................Apr. 08, 2021 Paul Grossenbacher ......................................................... Apr. 17, 2020 Ross Halvorsen ............................................................... May 26, 2020 Adam Hanke ...................................................................... Apr. 17, 2021 Carl Harris ......................................................................... Apr. 01, 2021 Armando Hernandez ......................................................... Apr. 17, 2021 Clayton Honaker, Jr .......................................................... May 10, 2021 Jacob Hongerholt ............................................................ Mar. 15, 2020 Keith Keller .......................................................................Mar. 15, 2021 Austin Kelman .................................................................Apr. 30, 2020 Tyler Krausse .................................................................. Mar. 29, 2020 Austin Krol ........................................................................ May 10, 2021 Kory Kucirek .....................................................................Apr. 08, 2021 Kyron Lewis ....................................................................... Apr. 17, 2021 Joseph Lininger .................................................................Apr. 16, 2021

Nathan Lisowski ...............................................................Mar. 15, 2021 Powell Littlejohn ...............................................................May 27, 2021 Ryan Lotzer ....................................................................... May 12, 2021 Jason Love ........................................................................Mar. 18, 2021 Chris Marshall ...................................................................Apr. 02, 2020 Lucas Miller. .......................................................................May 17, 2021 Justin Neuman .................................................................Mar. 15, 2021 Taylor Nykanen .................................................................. Apr. 17, 2021 Joshua Rea ...................................................................... May 06, 2021 Justin Renken .................................................................... Apr. 17, 2021 Ty Ricketts .......................................................................... Apr. 17, 2021 Ian Riley ............................................................................Mar. 15, 2021 Tate Robinson ................................................................... May 10, 2021 Kenneth Schaefer .............................................................Mar. 15, 2021 Brendan Schieffer ........................................................... May 28, 2021Christopher Schilling ...................................................... Mar. 23, 2020 Jason Schlosser ............................................................... May 14, 2020 Ryan Schmidt ................................................................... Mar. 26, 2021 Benjamin Sellnow ............................................................Mar. 15, 2021 Isaac Sexe ......................................................................... May 10, 2021 Jonathan Stewart .............................................................. Apr. 17, 2021 Kyle Sweet ......................................................................... Apr. 17, 2021 Alexander Texeira .............................................................. Apr. 17, 2021 Tyler VanAsten .................................................................. Apr. 07, 2021 Chad Vanderzanden ..........................................................Apr. 14, 2021 Dylan Von Bereghy ...........................................................Apr. 29, 2021 Brennan Weber ..................................................................Apr. 16, 2021 Garrett Weir ...................................................................... May 10, 2020 Joan West. ......................................................................... Apr. 17, 2021 Eric Wierschke ................................................................... Apr. 17, 2021 Mark Wysocki ....................................................................May 17, 2021 Nicholas Zimmer ..............................................................Apr. 23, 2021 Jeremy Zulliger .................................................................. Apr. 17, 2021

GRADUATION DATE

A shout-out to Rajon Construction for volunteering their time to prep a site for a

future trailer pad at the Kenosha Union Club. Owner/Operator Bill Koenes and his son

Matt Koenes were on-site.

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State And Local Governments Get Infrastructure Funding Boost

We have all read about and witnessed firsthand the devasting impact of COVID on businesses across the state and nation. In April 2020, the national unemployment rate reached a 70-year high. While businesses are trying to get back to normal, as of April 2021, there were still 8.2 million fewer jobs than before the pandemic.

It was not only the private industry that was affected. State and local governments faced the daunting task of increasing services due to COVID, including testing, contact tracing, expansions to health care systems, increased demand for housing and food assistance, and creating alternative teaching models at public schools. Simultaneously, state and local governments saw a sharp decline in revenue due to the economic downturn. The federal government has made assisting state and local governments a priority in 2021.

On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law. Among other things, ARPA established the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund (“Fiscal Recovery Funds”). The Fiscal Recovery Funds are intended to provide support to state and local governments impacted by COVID. What was initially unclear, however, was whether state and local governments would have flexibility to use Fiscal Recovery Funds for infrastructure projects.

The U.S. Department of the Treasury recently issued draft interim final rules that more clearly define use of Fiscal

Recovery Funds. The interim rules provide that ARPA gave “broad latitude” to state and local governments to use Fiscal Recovery Funds “for the provision of government services” to the extent that COVID caused revenue loss. More importantly, the interim rules provide that government services “can include, but are not limited to, maintenance or pay-go funded building of infrastructure, including roads….”1 Water and broadband projects are also specifically mentioned in the interim rules with no limit on use of the funds being tied to revenue loss.2

While the interim final rules are still subject to change, it is expected that infrastructure will remain an eligible use of Fiscal Recovery Funds by state and local governments. This is a huge win for the construction industry, which saw $12 billion in public infrastructure projects delayed or canceled due to a lack of revenue caused by COVID.3

Robb Kahl,

CBG Executive Director

1 U.S. Depart. of the Treasury, 31 CFR Part 35, Interim Final Rule, at p. 60, avail. at https://home.treasury.gov/system/files/136/FRF-Interim-Final-Rule.pdf.

2 Interim Final Rule, at pp. 61-63 & 143-44.

3 U.S. Treasury Issues Interim Rule on $350 Billion Relief Uses, ARTBA Washington Newsline (May 11, 2021), avail. at https://newsline.artba.org/2021/05/11/u-s-treasury-issues-interim-rule-on-350-billion-relief-uses/.

Follow Construction Business Group on Facebook @CBGBWT for educational opportunities in the construction industry and the latest investigative reports.

Payroll fraud is an illegal business model that is slowly eroding the construction industry in Wisconsin. Employers misclassify employees as independent contractors or pay employees cash off the books, which means they are not paying payroll tax, unemployment insurance tax or the correct workers’ compensation premiums on its employees. This illegal practice cheats all taxpayers, gives the unscrupulous contractors a 30% competitive advantage over law abiding contractors, and leaves employees without proper legal protections.

In the Spring of 2019, Governor Evers signed Executive Order #20 that aimed to streamline enforcement of payroll fraud and protect the taxpayers of Wisconsin. The Executive Order created the Joint Enforcement Task Force on Worker Misclassification, which must report annually on its work and make recommendations to the Governor and Legislature. The Task Force members include a representative from Construction Business Group and three contractors.

The Task Force’s first report was issued in March 2020. Importantly, the report quantified the economic impact to Wisconsin resulting from payroll fraud. The Task Force concluded that there is a $200 million loss of tax revenue annually.1 The $200 million consists of income, payroll, unemployment insurance and other taxes not being paid, and much of this tax fraud is occurring in the construction industry. The 2020 report also made several recommendations, many of which were already implemented by state agencies.

The Task Force recently issued its 2021 report.2 The 2021 report made seven specific recommendations. The recommendations are:

1. Amend the existing worker’s compensation fraud law, Wis. Stat. § 102.125, to clarify that application and premium fraud by employers is covered and within

DWD’s jurisdiction to investigate.

2. Create a statutory requirement for insurers to report worker’s compensation premium and application fraud to the DWD, so that in the future, we will have data to better quantify insurance fraud in Wisconsin.

3. Following the examples of our neighboring states, create a statutory Insurance Fraud Bureau of Investigations, targeting not only claim fraud but also premium and application fraud.

4. Request the Wisconsin Compensation Rating Bureau (WCRB) make modifications to its audit manual to help insurers identify and curb insurance premium and application fraud.

5. Require the Department of Justice and the DWD to review the criminal unemployment insurance tax fraud laws to determine whether changes should be made to better enable worker misclassification prosecutions.

6. Engage relevant stakeholders to explore whether a statutory requirement of upstream liability, including upstream liability for wage theft, should be adopted in Wisconsin.

7. Create a law that requires the Equal Rights Division at the DWD to investigate and adjudicate misclassification within the concept of labor standards.

The work of the Task Force is expected to continue throughout 2021 and early 2022. The Task Force’s work is an important step to curbing payroll fraud in the construction industry and other high-violator industries.

1 Task Force on Payroll Fraud and Worker Misclassification, 2020 Report, at p. 2, avail at https://dwd.wisconsin.gov/misclassification/pdf/2019-2020-misclassification-task-force-report.pdf.

2 Task Force on Payroll Fraud and Worker Misclassification, 2021 Report, at pp. 9-11, avail at https://dwd.wisconsin.gov/misclassification/pdf/2021-misclassification-task-force-report.pdf.

Payroll Fraud Task Force Issued Its Second ReportBy Cindy Buchko, General Counsel

In the Fall of 2020, DWD and the Wisconsin Operating Engineers launched a pilot for an Operating Engineers Youth Apprenticeship (YA) program. Youth apprenticeship is a blend of classroom instruction (provided by the online courses

through Destinations Career Academy) and 450 hours of paid work experience.

In 2021, DWD began the process of modernizing all youth apprenticeship programs to ensure the programs align with

industry needs. Even though the Operating Engineers’ program is new, they are required to complete the review.

Thank you to the following individuals that committed time this spring to meet with DWD and review the Youth Apprentice framework:

• Brad Diener, Walbec Group • Tracey Griffith, Payne & Dolan, Inc. (Walbec Group)• Robert J. Hackel, Buteyn-Peterson Construction Co.• Danielle Hertel, RiverView Construction, Inc.• Erin Salm, Miron Construction• Dan Sperberg, Local 139 Training Director

Youth Apprenticeship Modernization: Thank You For Representing Our Industry!By Laura Cataldo, Senior Manager, Construction & Real Estate Services, Baker Tilly US

If you are interested in learning more about YA or employing a Youth Apprentice for the summer or fall, please contact Laura Cataldo at [email protected] or (608) 616-2835.

The Wisconsin Operating Engineers Externship Day is an opportunity for students, parents and educators to:

• Tour the training center, including the indoor training arena

• Test their skills on equipment simulators

• Gain hands-on experience with mini-excavators

• Learn about apprenticeship opportunities

• Interact with current apprentices and Operators

• Hear from employers about opportunities that exist and what they are seeking in employees

Visit buildingwisconsintogether.com for more information.

“I wanted to let you know that we had a fantastic day in Coloma today. I commend you and the entire team for the organization of the event with the large turnout… awesome! I am pretty sure my son Jacob will be pursuing this apprenticeship. He is already taking one course at Cambridge High School and will take a couple more his second semester this spring.”

— Father of a Cambridge High School student enrolled in the online pre-apprenticeship program

ADVANCE REGISTRATION REQUIRED For more questions or to RSVP. contact Laura Cataldo [email protected] (608) 616-2835

SAVE THE DATES! EXTERNSHIP DAY RETURNS THIS FALL! JOIN US NOVEMBER 8 & 9 | 9:00 a.m. – 2:00 p.m.


Operators Joseph Mattson, Isaac Guillama, Jacob Kies, Stephanie Rogge, Dale Hendrickson, Cory Leist (District A Executive Board Member), Matthew Wagner and Nicholas Pankow with Super Western, Inc. constructing ponds at the new mixed-use development in Sussex.

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Operators Dennis Betro (left) and Chris Ostrowski (above) employed by RiverView Construction, Inc. constructing a new cell at the

Lincoln County Landfill.

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Crushed material loaded by Operator Lanz Michlig will be hauled to the Brown County Asphalt Plant.

Aggregate processing plants play a crucial role in the construction industry’s supply chain. Local 139ers working for Northeast Asphalt, Inc. this season have had steady work crushing, hauling, and paving in both Brown and Door Counties. On average 100 loads can haul up to 2200 tons of material a day!

Operator Rodney Thums crushing on Church Road in Brown County.

Member Dave Rebstock operating a wash plant in Brown County.

Operator Chad Kietzmann and crew paving at the Green Bay Packaging facility.

Crushing Plants Busy Producing Materials


Operators Kenneth Fischer, Matt Buchholz, Michael Eisch, Daniel Sturm, Joseph Kosir and Michael Letter paving County Road A in Door County.

Member Timothy Bagnall operating an asphalt plant in Sturgeon Bay. Members Members Tim Steiner, Luke Ostrom and Steven Nuernberger working at the Mathy Road pit in Sturgeon Bay.

Operator Corey Peters washing material in Sturgeon Bay.


A s part of the American Rescue Plan Act of 2021, President Biden included financial

assistance for certain people that lost their health coverage during the economic downturn related to the COVID-19 pandemic. The assistance is essentially free COBRA coverage from April 1, 2021, through September 30, 2021. The COBRA Subsidy is available to Local 139 members who can make a self-payment to continue coverage in the Health Fund. In May, the Health Fund mailed information to the Local 139 members eligible for the COBRA Subsidy. It is not available to spouses who lost coverage from a divorce, children who lost coverage for turning age 26, members with coverage available to them from their spouse’s insurance or Medicare, or retirement. If you have

questions about the COBRA Subsidy, call the Health Fund office.

Pre-certification and Medical Necessity. The Health Fund requires pre-certification for all in-patient hospital treatments. The Summary Plan Description book also has a list of out-patient procedures that should be pre-certified for medical necessity and avoid a denied claim. A medical procedure or supply is not automatically considered Medically Necessary just because a doctor prescribes it. We have seen an increase of denied claims for joint injections (to the back, knees, and hips), neuropsychological

testing, and genetic testing. To avoid an unexpected bill, ask your doctor to pre-certify these services. When in doubt, call the Health Fund office for guidance.

COBRA Subsidy (Free Coverage)

Health Benefit FundAdministrative Manager

Rita Becker

�

HEALTH BENEFIT FUND REPORT

1. Live Health On-Line Doctor’s visit using a smartphone or computer from your

home for illnesses instead of an urgent care facility (not for Medicare retirees). LiveHealthOnline.com or

download the app.

2. Employee Assistance Program (EAP) Employee Assistance Program (EAP) of up to 3 free visits

for mental health or substance abuse treatment, grief and stress counseling, and many more services (800) 865-1044

or www.anthemeap.com and use OE Local 139 for the member log in.

3. Health Dynamics Annual Physical

www.HealthDynamics.com, or (414) 443-0200.

For more information, visit the Health Fund’s website at www.iuoe139healthfund.org.

3 Free Health Plan Services

Member Dustan Schraufnagel drilling in a quarry for Payne and Dolan, Inc., a Walbec Group company.

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HEALTH BENEFIT FUND REPORT

T hings are changing and, it appears, all for good. Although we are sad for all those who

lost loved ones or for those who suffered from COVID-19, it seems like we are headed in the right direction. Once the vaccine became available, COVID-19 cases started to decline and continue to do so. I know many people who have refused the vaccine. I don’t understand it, but I don’t judge. Just like politics and religion, everyone is entitled to their opinion.

During COVID-19, I really missed being social. Now, I am so happy to go to the Pewaukee Retiree Club meetings, see all of my friends, enjoy lunch and go on some outings—we’re headed to a zoo in West Bend where you can feed the animals while riding a golf cart. Consider joining the Retiree Club near you, to get out more. Each one is looking for new members who enjoy camaraderie and a good time.

The Trustees recently reviewed a report from OptumRx with a very interesting statistic that I thought I’d share with you. This past year, the Fund paid $10,156,282 on prescriptions for Medicare retirees. This equated to $245.77 per month per person on Medicare—consider this in the context of the amount of your monthly retiree self-payment! My mother always said, “Don’t get old.” I told her I didn’t like the alternative. I guess it’s very similar to the situation with the

cost of the drugs we all take. Without them, we would either die earlier or have a diminished quality of life.

Stay healthy, take your prescriptions and get out there and enjoy life with friends and family!

Consider Joining A Retiree Club Near You

Health Benefit Fund Retiree TrusteeMary Jane DeBattista

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A Michels Corporation crew building a brand new cell at the Outagamie County Landfill. This crew will move a total of 1.2 million yards of material by fall. L-R: Operators Paul Jorgensen, James Huck, Joseph St. Louis, Tyler VanAsten, Alex Justus, Logan Marshall, Shawn Walters,

James Carlino Jr., Ronald Fiala, and Samuel Hughes are on-site.

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H ello brother and sister engineers. I believe that it is safe to assume we are all enjoying getting back

to some semblance of normalcy after the past year of quarantine and social distancing.

In my recent travels, it has been interesting to hear how our fellow members filled their time during the pandemic with so many limitations on social activities. While many did things like remodel their house, work on that never-ending “honey-do” list, and finding new hobbies, some began to focus on a healthier lifestyle. Though workouts and diets may not be on the top of everyone’s list, the Health Benefit Fund has access to a unique program that allows you to keep a watchful eye on your overall health, the Health Dynamics Preventative Care Program.

The Health Dynamics Program offers an annual, no-cost comprehensive exam, including a full profile of your overall health, with a one-on-one session with a healthcare provider who provides insight and direction for your overall well-being. The exam is an 84-point preventative health test which includes a 43-point blood analysis, various cancer screenings, a cardio fitness test, a stress test, and much more.

If you think you already do your annual physical with your primary care doctor, think about this. The Health Dynamics exam provides exceptionally thorough testing with the sole

focus of preventative care, giving you the power of knowing the current status of your health and your risk profile. Many, if not most, routine annual physicals will not include the detail of a Health Dynamics exam.

One of the keys to good health is prevention, and often the most difficult part is knowing where you stand. The Health Dynamics Program makes that easy for you by not only completing all testing in one appointment but also offering this exam at facilities located throughout Wisconsin.

Did you know that you are eligible for a $200 HRA bonus if you get a physical every year? If you are married, your spouse must have one done as well. Take advantage of the HRA bonus and leave the doctor bill behind by scheduling your (and your spouse’s) FREE annual physical with Health Dynamics.

To find out more, you can visit healthdynamics.com/participants/oe-local139 or call Health Dynamics at (414) 443-0200 (option 5).

As always, if you have any questions please do not hesitate to reach out.

Take Charge Of Your Health With Health DynamicsHEALTH BENEFIT FUND REPORT

Health Benefit Fund LiaisonShaun Mc Hugh

�

The Health Benefit Fund encourages eligible members and their spouseto participate in our annual Preventive Care Exam program. The exam is covered at 100%!

Single member or married couple – member & spouse must both participatewill receive a $200 HRA Bonus!

Make an appointment today: 414-443-0200 (option 5) | healthdynamics.com

TAKING CHARGE OF YOUR HEALTHIS AS EASY AS A PHONE CALL!


Quarterly Health Fund Activity Through April 30

Disbursements


Maynard Chadwick Jr, Oakfield ......................... June 12, 2021 Michael Buss, Cascade ....................................... Mar. 25, 2021 Loren Emery, Windsor ............................................ May 7, 2021 Michael Hardenbrock, Edgerton .......................... Apr. 17, 2021 Edwin Hemker, West Salem .................................. Mar. 4, 2021 Arthur Hendrickson, West Bend ..........................Apr. 20, 2021 Norbert Henrichs, Minocqua ................................Apr. 12, 2021 George Howard, Kenosha .....................................Apr. 18, 2021 Richard Hubbartt, Newton ................................. May 28, 2021 Mike Irvine, Fitchburg ............................................ May 1, 2021 Christopher Kane, Pembine ................................. May 2, 2021 Emery Koehler, Sister Bay .....................................May 9, 2021 Brad Morter, Lodi .................................................. May 2, 2021 Scott Mutchelknaus, Brookfield ..........................Apr. 25, 2021 John Neal, West Point, MS .................................. Mar. 26, 2021 Damon Nowicki, Wisconsin Rapids .................... Mar. 22, 2021

Roger O’Brien, Marion ...........................................Apr. 5, 2021 Dennis Olson, Wisconsin Rapids .......................... June 3, 2021 Gordon Ostrem, Neenah ....................................... Mar. 3, 2021 Merle Paff, Dothan, AL ........................................... May 1, 2021 Duaine Peterson, Plain ........................................ Mar. 19, 2021 Palmer Peterson, Necedah ..................................Feb. 21, 2021 Wayne Rostamo, Knapp.......................................Mar. 27, 2021 Carl Schmitz, Waterford ...................................... May 23, 2021 Ned Seelhorst, Green Lake ................................... Mar. 5, 2021 Raymond Shafer, Ontonagon, MI ..........................Apr. 5, 2021 William Tewes, Muskego .................................... May 22, 2021 Steven Thayer, La Farge ......................................Mar. 10, 2021 Kenneth Tork, Stevens Point ............................... Mar. 23, 2021 Todd Van Til, Iron River ........................................ May 14, 2021 Lonnie Woller, Merrill .......................................... May 25, 2021

In Memoriam

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Top left: US Secretary of Labor Marty Walsh, Milwaukee Mayor Tom Barrett and Business Agent Tim Krieg at a press conference promoting

additional funding for infrastructure in Milwaukee. Bottom left: Operator Richard Gamez, with MJ Construction, Inc. installing water main on 1st & Center Streets. Above: Operator Chris Chandler, MJ Construction Owner Michelle Magin and Operator John Tallinger.


Operators Ryan Pollard, Shawn Smith (oiler) and Jacob Schilling working on a railway bridge for Kraemer North America in Burlington.

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Laborer Nick Nagel (Local 113), Local 139ers Brandon Hobus, Jon Held, Dale Warren, Dan Warren and Jose Lemus (laborer) working for Townsend Construction, Inc. on the Uline project last July in Kenosha. Both Dan and Dale, recent retirees, have 65 years of service between them!


Congratulations Recent Retired 139ersGary Becker, Fond du Lac ..................................... Apr. 1, 2021 Rick Bolen, Waupaca ............................................. Apr. 1, 2021 Kevin Brasch, North Prairie ................................. Dec. 1, 2020 Jacob Breunig, Birchwood ....................................May 1, 2021 Mark Brewer, Berlin .............................................. Apr. 1, 2021 Kevin Byrns, Black River Falls ...............................May 1, 2021 Roger Carson, Racine ........................................... Apr. 1, 2021 Greg Christensen, Franksville .............................. Apr. 1, 2021 Guy Clemmer, Lake Nebagamon ........................ June 1, 2021 Jerome Conradt, Shiocton .................................... Apr. 1, 2021 Dennis Cook, Janesville ....................................... Mar. 1, 2021 William Dahl, Coloma ........................................... Mar. 1, 2021 Rick Dotson, Milwaukee ........................................Jan. 1, 2021 Scott Dykstra, Racine ........................................... Feb. 1, 2021 Jerald Esselmann, West Bend ............................. Mar. 1, 2021 Terrance Fitzsimmons, Oconomowoc ..................Jan. 1, 2021 Randy Giese, Bryant ............................................ June 1, 2021 Troy Goodwin, Shiocton ....................................... Feb. 1, 2021 Tracie Gurske, Marquette, MI .............................. June 1, 2021 Paul Harelstad, Bloomer ...................................... Feb. 1, 2021 Paul Harshman Jr, Fort Atkinson ........................ Dec. 1, 2020 Dave Hart, Menomonee Falls .............................. Nov. 1, 2020 David Hass, Ettrick ................................................Oct. 1, 2018 Randall Hattamer, Holcombe ...............................May 1, 2021 Michael Heitman, Wisconsin Dells ...................... Mar. 1, 2021 Roy Heldt, Racine ..................................................May 1, 2021 Todd Hoehn, Eau Claire ....................................... June 1, 2021 Paul Huber, Arpin .................................................. Apr. 1, 2021 Johnny Huffman, Mauston ................................. Nov. 1, 2020 John Hummer, Brookfield .................................... Mar. 1, 2021 Todd Keener, Hartford ......................................... June 1, 2021 Gary Kielcheski, Winter ......................................... Apr. 1, 2021 Timothy Knutson, Janesville ................................ Apr. 1, 2021

Homer Krauss, Elkhorn .........................................May 1, 2021 Lyle Laack, Plymouth .............................................May 1, 2021 Thomas Leis, Sparta .............................................. Apr. 1, 2021 John Loughney, Elkhorn .......................................Jan. 1, 2021 Bernie Ludescher Jr, Holcombe ......................... Nov. 1, 2020 Kurt Luoma, Iron River ........................................ June 1, 2021 Dennis Macemon, Racine ..................................... Apr. 1, 2021 David Markham, East Troy .................................... Apr. 1, 2021 Jeffrey Marshall, Antigo ..................................... June 1, 2021 Darwin Martin, Shawano .................................... June 1, 2021 Matthew Martin, Chippewa Falls......................... July 1, 2020 Cynthia Mc Cormick, Black River Falls ................ Mar. 1, 2021 Michael Metz, Medford ........................................ Mar. 1, 2021 Ken Napiwocki, Junction City ..............................May 1, 2020 Mark Oehlhof, Portage........................................ Feb. 1, 2020 Steve Price, Waukesha ......................................... Mar. 1, 2021 James Rieder, Chippewa Falls ............................. Mar. 1, 2021 Radley Riehl, Shiocton ..........................................Jan. 1, 2021 Russell Roraff, Oconomowoc ..............................Jan. 1, 2021 Henry Rozak, Stevens Point ................................ Dec. 1, 2020 Scott Sirek, Bell, FL ............................................. Dec. 1, 2020 Steven Slaets, Rosendale ................................... Dec. 1, 2020 Ricky Smith, Iron Ridge .........................................Jan. 1, 2021 Dale Swenson, Blair ............................................. Mar. 1, 2021 William Theune, Oostburg ....................................Jan. 1, 2021 Christopher Thurnau, Albany .............................. Feb. 1, 2021 Douglas Titera, Chippewa Falls ............................May 1, 2021 Harry Waite, Menomonee Falls .............................Jan. 1, 2021 Dale Warren, Burlington ...................................... June 1, 2021 Dan Warren, Burlington ....................................... June 1, 2021 Frank Webster, Gilman .........................................May 1, 2021 Scott Wesner, Winneconne ................................... Apr. 1, 2021 Pat Wunderlich, Hortonville .................................. Apr. 1, 2021

Parade details will be available on Local 139’s website:

www.iuoe139.org

Labor Day Events With Local 139

Local 139 President/Business Manager Terry McGowan presents Ron Yakes with a

substantial back pay award which Local 139 obtained from

S.J. Louis (SJL) on his behalf. SJL must also reinstate Ron. Local 139 demonstrated to the NLRB

that SJL fired Ron for supporting Local 139 and accused him of

being a “union mole.”

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Monthly Retiree Club MeetingsMADISON HALL4702 S. Biltmore Lane11:00 a.m., first Monday, except July

PEWAUKEE HALLN27W23233 Roundy Drive10:00 a.m., third Wednesday, except July

NORTHEAST Potawatomi Carter Casino618 Highway 32 9:00 a.m., third Wednesday, except July and December

APPLETON HALL5191 Abitz Road10:00 a.m., first Wednesday

EAU CLAIRE VFW Post 305 1300 Starr Avenue9:00 a.m., first Thursday,except July and December LA CROSSECorky’s Pizza 25 S Walnut St., La Crescent, MN 11:30 a.m., third Thursday, except July

Local 139 Women and Minorities Support Group

Members Jennifer Johnson and Cheryl Primeau established the group to help retain and attract women and

minorities in this trade.

STAY IN THE LOOP AND JOIN THE FACEBOOK GROUP

www.facebook.com/groups/local139womenandminorities

Local 139er Alex Poad moving dirt at the Clinton High School for Frank Silha & Sons Excavating, Inc. in Clinton.

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Committee right now. One that is very important to our craft is the “INVEST in America Act” which, through bipartisan negotiations, would take a critical step towards reauthorizing America’s largest infrastructure program with a major investment of $547 billion. This lifeblood to our nation’s surface infrastructure has seen generations of underinvestment to this critical program and the proverbial can has been kicked down the road so many times, there are no more roads left to kick it down.

Another bill that seems to be garnering bipartisan support is the Water Quality Protection and Job Creation Act of 2021, which would address a problem many of us have been warning our lawmakers about for the past two decades, the failure of our underground infrastructure. Whether it is raw sewage permeating our soil and entering our groundwater, or a combined sewer overflow that over capacitates our system to the point that we are forced to dump raw sewage into our waterways. As for our wastewater treatment plants, too many of them are well above capacity, outdated and in disrepair far beyond the point of return. I know these are issues many of the people in our business are cognizant of and I am also aware that for too many years, feel good politicians touch on these subjects to pander to us by letting us know they are aware of the problems, but that just tends to irritate you even more. If all these politicians are trying to impress us by letting us know that they are aware of the problem, why aren’t they smart enough to realize that they only make us even more irritated because they have not done anything yet?

Attached to these reauthorization bills, were attacks from many fronts on the applied Federal Davis-Bacon wage protection that would typically apply to all work under these initiatives. I am happy to report that these attacks did not survive the committee. I would also like to give a shout-out to Congressman Mike Gallagher (R-WI) who sits on this very important Transportation and Infrastructure Committee. He not only supports reauthorizing these programs to rebuild America’s infrastructure, but he also voted in contrast to some in his own party to protect our Davis-Bacon certified wages while we do it. I feel quite confident that we are finally going to see some real progress in working towards meaningful solutions to our nation’s infrastructure problems, and I have not felt that confident about this in over a decade. I feel the Biden Administration has engaged in so much infrastructure conversation that it is going to be difficult for members of either party to avoid addressing the needs of this country. While we do not know what the price tag will look like at the end of the debates, we all see some major investments coming through the horizon, and what better investment to make than in your own country! And THAT report, Brothers and Sisters, makes me feel a whole lot better than talking to you about some pandemic! Hope to see you at the picnic!

Left: District D Manager Shane Griesbach, Business Agent Don Socha, District B Manager Mark Gauf, District C Manager Aaron Raab, Vice President/Training Director Dan Sperberg, President/Business Manager Terry McGowan, Members Frederick Baczanski and Jim “JP” Dewar,

Business Agent Mathew Laabs, Training Instructor Bob Cayer, Business Agent Tim Krieg, Members Brian Buhrandt and Vern Schultz honor Veteran Shannon Flynn at the Presentation of Keys Ceremony on Saturday, May 8 at the American Legion Post 283 in Suring.

Right: Terry McGowan addresses attendees at the Hogs for Heroes 17th bike gifting in honor of Local 139.

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W ith great pleasure and honor, I would like to inform everyone, The American

Legion Department of Wisconsin has chosen Local 139 to receive the Employer of Veterans Award, Small Business Category of 2020. The award recognizes Local 139’s efforts to strengthen the economic well-being of the veterans of Wisconsin. President/Business Manager, Terry McGowan, will receive a plaque on behalf of Local 139 at the Wisconsin American Legion 102nd Annual Department Convention at Madison Marriott West in Middleton on Friday, July 16. This recognition

speaks to our Legion Post 139 and Local 139’s commitment to show in support of all Wisconsin veterans.

If you have questions or would like additional information on Legion Post 139, please do not hesitate to e-mail me at [email protected] or call at (262) 993-8323. In addition, you can also contact Mike Burt at (920) 606-8147 or [email protected].

Local 139 To Receive Employer Of Veterans Award AMERICAN LEGION POST-SCRIPTS

Post 139 CommanderLeroy C. Miller III

Training Instructor/Legion Post 139 member Mike Burt prepares Parade Field with equipment donated by the Joseph J. Goetz Training Center at the Wisconsin American Legion Headquarters in Portage.

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Operator Brett Mayer working for The Boldt Company at Dairyland Power Cooperative in Alma.

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CRUSHING IT

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