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Digital magazine premieres

InternationalOperating Engineer

Summer 2011

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general officersVincent J. Giblin, General President

James T. Callahan, General Secretary-TreasurerWilliam C. Waggoner, First Vice President

Brian E. Hickey, Second Vice PresidentJohn M. Hamilton, Third Vice President

Patrick L. Sink, Fourth Vice PresidentJerry Kalmar, Fifth Vice President

Russell E. Burns, Sixth Vice PresidentRodger Kaminska, Seventh Vice President

Mark Holliday, Eighth Vice PresidentJames M. Sweeney, Ninth Vice PresidentRobert T. Heenan, Tenth Vice President

Daniel J. McGraw, Eleventh Vice PresidentDaren Konopaski, Twelfth Vice President

Michael Gallagher, Thirteenth Vice PresidentGreg Lalevee, Fourteenth Vice PresidentFrank Hanley, General President Emeritus

Budd Coutts, General Secretary-Treasurer Emeritus

trusteesJohn M. Holliday III, Chairman

John T. Ahern, TrusteeKuba J. Brown, Trustee

Terrance E. McGowan, TrusteeBruce Moffatt, Trustee

The International Operating Engineer(ISSN 0020-8159) (USPS 581900) is published quarterly. International Union of Operating Engineers 1125 Seventeenth Street NW • Washington, DC 20036Printed in the USA on union-made paper.

Subscription Terms - $5 per year

Change of Address - Requests must be submitted in writing to the IUOE Membership Department. Include your new address, registration and local union number.

POSTMASTERS – ATTENTION: Change of address on Form 3579 should be sent to: International Operating Engineer • Mailing List Dept.1125 Seventeenth Street NW • Washington, DC 20036Periodicals postage paid at Washington, DC/additional offices

Publications Mail Agreement No. 40843045Return undeliverable Canadian addresses to: 2835 Kew Dr.Windsor, ON N8T 3B7

Features

DepartmentsPolitics & Legislation ......... 4Central Pension Fund ....... 6Education & Training ......... 10Safety & Health News ........ 16Hazmat News ....................... 18

Breaking the stranglehold on WashingtonAn IUOE perspective

Summer 2011 • Volume 154, No. 2James T. Callahan, Editor

IUOE Charity Fund helps members in need

Local 150 resurrects antique steam shovel

There was a time when Washington understood the plight of working-class Americans and represented those who made this country what it is. However, that has now given way to

serving and representing powerful special interest groups that pos-sess a stranglehold on our nation’s capital. The effects of this grip are crippling.

So what can be done to overcome the special-interest chokehold on Capitol Hill and restore it to the middle-class ideals that are the back-bone of our country?

Two words – Political Action. We must engage every IUOE mem-ber to take political action, voice their needs and fight for job creation as if our lives and the lives of our families depended on it, because in most cases… it does.

Infrastructure Investment = JOBS It is that simple. Investment in infrastructure will employ thou-

sands of IUOE members, help restore the construction sector and re-suscitate our nation’s economy. It’s been done before and worked. You only need to dust off your history books or Google FDR’s New Deal in the 1930s that led to more than 34,000 projects such as the construction of airports, dams, bridges and other job-generating projects that helped pull us out of the Great Depression. The same goes for Eisenhower’s National Interstate and Defense Highways in Act in 1956 that paved the way for 41,000 miles of our nation’s Interstate Highway System and provided much-needed work for millions of men and women. Perhaps a refresher course in American History should be mandatory for members of Congress before setting foot in Washington?

Otherwise politicians will continue to bicker and fail our nation’s working-class. This must change.

Education + Engagement = RESULTSEducation and engagement are catalysts for change. Consistent

with my belief that the IUOE must constantly improve every facet of our operations, the International launched an initiative this year to more effectively educate and engage our members in legislative and political action on key priorities. There are several ways we are trying to accom-plish this objective, many based on what we learned from our survey of more than 100,000 members conducted last fall.

The IUOE has sought to increase our use of e-communications, including this digital edition of the International Engineer. More than 70% of IUOE members regularly use the internet, so it only makes sense to use it to effectively and efficiently communicate with members. As part of this initiative, the International has and continues to seek mem-bers’ email addresses, which allows us to communicate with members through our electronic activist program, the Engineers Action and Re-sponse Network (EARN). In the last nine months, we have taken the email list from a few hundred to approximately 36,000 IUOE members. That represents about 10% of the U.S. membership - it’s a good start, but we have a long ways to go.

To cite an example of how the tool is used, when Senator John Mc-Cain prepared an amendment that would completely repeal Davis-Bacon prevailing wages from federal law, we were able to generate approximate-ly 3,000 emails from IUOE members to their Senators opposing the amendment within three days. And as a result of this significant opposi-

tion generated by the IUOE, in addition to oth-er similar efforts among other unions, the amendment was never formally offered. That’s the kind of action that makes a meaningful difference in the livelihoods of IUOE members and their families. We must continue to build the EARN program. Please encourage fellow op-erators to sign-up on the members-only section of our website and participate in our EARN program.

Speaking of Davis-Bacon, there have been five votes in the House of Rep-resentatives this year regarding Davis-Bacon prevailing wages. We have won all five of them. The application of Davis-Bacon prevailing wages to federally-assisted construction projects is an important stabilizing influ-ence in many U.S. construction markets. Davis-Bacon allows our con-tractors to remain competitive and protects the wages and fringe benefits of IUOE members. For the record, every House Democrat and nearly 50 House Republicans voted in support of Davis-Bacon prevailing wages. Click here for a detailed breakdown on how they voted

Another example of the IUOE’s efforts to educate and engage members is the scheduling of meetings, in cooperation with our locals, with select freshmen House Republicans in their districts, putting these new representatives together with IUOE members (voters) to help put a face on the myriad of problems facing working people and spelling out the issues that matter to us. This serves as a wake-up call to these representatives that partisan politics and the obstructionist policies that are currently stonewalling jobs for operating engineers will no longer be accepted as the national pastime in Washington if they want our sup-port. In other words, show us your support or we’ll show you the door when it comes time to vote!

Recently at Local 150’s district office in McHenry, IL, IUOE scheduled a meeting with members and Republican Congressman Joe Walsh. With support from the Tea Party, Walsh rode the Republican wave into office in 2010 and had a record of voting against most labor-friendly legislation. As a result of our meeting with Walsh, the IUOE succeeded in helping convince him to support our key priorities.

Since that meeting, Walsh has supported the IUOE on all five Davis-Bacon prevailing wage and three Project Labor Agreement votes this year. While we appreciate his support, much more needs to be done to create jobs. As the unemployed members of Local 150 told Walsh, they need investments in a highway bill to put them back to work, not more partisan politics. Congressman Walsh expressed his support, but we’ll see what his record shows in September when he votes on issues critical to the livelihoods of IUOE members.

The International is prepared to use all of the tools at our disposal to engage politicians, including the technologies and strategies described above, until a highway bill is signed that creates thousands of jobs for operating engineers. However, in order for these initiatives to succeed, your support, participation and vigilance are essential. Getting members back to work is the IUOE’s top priority and a responsibility that I take personally as General President, so please do your part and join me in tak-ing back Washington and making it work for working-class Americans!

Local 115 operators bring skill to BC Place

NTF Training, Safety & Health Conference

General PresidentVincent J. Giblin

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16Legal Briefs ........................... 19Around the Locals .............. 20Member Service .................. 22GEB Minutes.......................... 24In Memoriam ........................28

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The unemployment rate in construction was still over 16% in May. While the construction industry has suffered from depression-like unemployment levels for more than two years, the nation’s roads are crumbling, bridges are collapsing, and commute times are rising.

What can Congress do? Pass a highway trans-portation law that puts Operating Engineers back to work at the same time rebuilding America’s infra-structure—the economic foundation of the country.

There are few things more important to the live-lihoods of Operating Engineers than investing in nation’s transportation infrastructure. These invest-ments employ tens of thousands of Operating Engi-neers and other workers in the construction industry. Half of all the direct jobs created with an investment in highways are in construction.

American global competitiveness depends on moving people and goods safely and efficiently. We cannot compete with China and India when bridges are falling apart and bottlenecks exist at virtually every key transportation hub in the nation. That’s why even the U.S. Chamber of Commerce supports a higher level of investment than the House Republican Leadership. It’s clear that the House Republican Leadership is taking this country in the wrong direction.

The Legislative and Political Department is working to increase communication focused on issues that are critical to the livelihoods of IUOE members and their families. The General President has called for a higher level of communication between IUOE members and elected officials, and there are several specific places where you can make your voice heard.

Over the next several months, you may receive a phone call from

the International Union that allows you to communicate directly with your Member of Congress. You will receive an automated phone call and be given a short overview of the issue. You might be asked to call

the U.S. Capitol Switchboard – or perhaps even punch a button that allows you to connect directly to your Representative’s or Senators’ offices.

Worksite fliers delivering important legislative updates are also being distributed across the coun-try. Look for them on your jobsite.

The effectiveness of the IUOE Engineers Ac-tion and Response Network (EARN) program con-tinues to grow as more and more members sign up for the service. This email-based communica-tion tool gives you the ability to send a prepared, timely message to your elected officials. It’s an easy way to make the collective voice of Operating Engineers heard in the Halls of the Capitol here in Washington, DC.

Make sure you are plugged into the effort to save and create good jobs for Operating Engineers. As General President Giblin said, “We must engage every IUOE member to advocate for good-paying jobs.” We need your help to turn the tide on the most devastating construc-tion economy since the 1930s. Thousands of Operating Engineers are making the calls, distributing the worksite flyers, and talking to their friends, neighbors and co-workers about the importance of re-invest-ing in American infrastructure. Add your voice to the message being sent to Capitol Hill: create jobs now by passing a robust highway transportation bill!

See a recent advertisement that was developed by the Transpor-tation Construction Coalition (an alliance of groups, including the IUOE, that push for transportation investments) that ran in Capitol Hill news publications here.

Transportation investments require IUOE mobilization

politics &legislation

The permitting process for a critical IUOE-supported project, the Keystone XL Pipeline, a 1,700-mile crude oil pipeline from Alberta, Canada to Texas, has reached an important milestone. The U.S. State Department, the agency that would approve the project, released a Supplemental Draft Environmental Impact Statement for Keystone XL, and there was an opportunity to comment on it that ended in June. IUOE members sent 2,000 communications to the Department of State to tell the regulators how important the project is to thou-sands of hardworking North Americans. See General President Giblin’s comments on the permitting process here.

Approval of the Keystone XL will:• Create 20,000 high-quality jobs during the pipeline’s con-

struction phase, including about 4,000 IUOE jobs.• Spur more than $20 billion in new spending for the U.S.

economy.• Generate $6.5 billion in new personal income for U.S.

workers and their families.• Stimulate more than $585 million in new state/local taxes

in states along the pipeline route during construction.• Increase American energy security.

Because the project crosses the border with Canada, it needs what is called a Presidential Permit. The Department of State issues these permits and manages the environmental review for the project. In order to approve the project, the State Department needs to find it in the “national interest.” The project is now near-ing the end of the review process. The Department of State has committed to making a decision on the TransCanada pipeline project by the end of 2011. It must keep to this timeline in order to ensure that the project, if it is approved, goes forward. Addi-tional delays will cost more money and increase the uncertainty of the project, both of which could lead TransCanada to terminate it.

After assessing the comments it receives on the Supplemen-tal Draft Environmental Impact Statement, the State Department will release a Final Environmental Impact Statement (FEIS). There will be 30 days to review and comment on the FEIS and also a public hearing. The agency will then make a “national in-terest determination” for the project and issue the Presidential Permit. TransCanada has purchased the pipe and is ready to begin

construction once they get the permit. Legal challenges, however, are expected.

Find frequent updates on TransCanada’s Keystone XL project by seeing the IUOE News section of the website.

TransCanada pipeline projects hits important milestone

activism, technology & creating jobs:Make the call to take the callNo one likes to be bothered by telemarketers at home. We have all screened calls from telemarketers and political parties. But, sometimes, it is critical to pick up the phone. Sometimes, your job may depend on it. Take Local 324 as an example.

Local 324 has increased its use of phone calls to communicate important issues to members, calling them to action and then connecting them directly to their elected officials in Lansing. It’s simple: Local 324 is using the latest technology to create jobs through political activism. That is precisely what it will take in this tough political environment. Several thousand phone calls have been made to Michigan members on issues ranging from Project Labor Agreements and prevailing wages, to supporting the construction of key infrastructure projects.

At the federal level, the IUOE will utilize “Patch-Through” and “Robo-Calls” to communicate developments on the reauthorization of the Highway and Transit Bill, the largest job-creation legislation in Congress for Operating Engineers. In May, phone calls were made to a dozen Congressional Districts around the U.S. with 6,500 members receiving the message. Hundreds of operators took up the charge and called their member of Congress to thank them for supporting Davis-Bacon prevailing wages.

The only way politicians are going to develop the political backbone to adequately fund transportation infrastructure is if they feel the pressure by hearing from us, their constituents. Every one of us! If you receive one of these calls, please take up the IUOE charge and make your voice heard. Your job may depend on it!

IUOE PHOTO GUIDELINESIUOE appreciates the stories and photos we receive for The Operating Engineer. There are photo requirements that must be met in order to ensure the quality publication you deserve. We offer the following requirements regarding traditional film and digital photo submissions.

TRADITIONAL FILM PHOTOGRAPHY4 x 6 (or larger) glossy color prints on photographic film paper (from photo finishing services, such as your local retail store developers). Please do not send ink jet, color copier, or color laser prints – they are not suitable for publishing purposes.

DIGITAL PHOTOGRAPHYA 5.0 megapixel camera or higher is recommended for photos to be published. Printing presses require a minimum of 300 dpi (dots per

inch) for color photographs-more commonly called “high-resolution” photos. This means subjects should be photographed using the highest quality setting on your digital camera, also known as the “fine/super-fine” or “large” setting. Images should not be manipulated in any way for size, cropping, color mode, quality of color, or sharpness. Down-load the images from your camera (only JPEG or TIFF formats are acceptable) and submit digital photos on a CD to the attention of the Communications Department or e-mail them to hdelaney@iuoe.org.

Photos submitted must include a typed de-scription of each photo identifying who is in the picture and what is taking place. When staging photos such as service awards, please group as many recipients into each photo as possible. By following these recommendations, it enables the IUOE to better highlight your local’s story and photos.

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Through the combined skills of some 300 engineers and 1,200 construction workers, including about 25 operating engineers from Local 12, the Hoover Dam Bypass Bridge

now stands as the largest concrete-arch bridge in the Western Hemisphere. The new landmark also features the highest precast segmented columns in the world.

The freestanding structure supports the Hoover Dam By-pass Bridge 890 feet above the Colorado River. It will cut a trucker’s travel time between Nevada and Arizona from an average 30-minute trip over the dam to just six minutes.

However, motorists with more time on their hands may want to stop at the visitor parking lot and use a walkway across the bridge to view the dam from 1,700 feet down river.

At a cost of $114 million, the length of the bridge is 1,900 feet. The rugged terrain of the Nevada approach cost more the $30 million for the two miles of road that will also include construction of six new bridges. While the two miles of the Arizona approach cost $21.5 million and includes one of the largest bridges – 900-foot-long – in the state.

The combined costs of the total project are approximate-ly $240 million, with both states and the federal government providing funding. Work on the project began in late 2003 and was complete in late 2010.

Click the screen below to see a time lapse video of the construction of the bridge and click the camera icon on the right to see more photos of the project on IUOE’s FlickR photo stream.

Local 12 operators raise Hoover Dam bridge

Recent studies show that defined benefit plans, and especially multiemployer plans like the Central

Pension Fund, are steadily recovering from the global economic meltdown of 2008-2009; and the desire for their coverage in the workplace is stronger than ever.

As expected, multiemployer plans are steadily recovering from the historic eco-nomic downturn. This is because they are designed to withstand the harshest economic conditions. Their design provides the abil-ity to protect accrued benefits while cutting back on the rate of future benefit accruals, thus slowing the growth of plan liabilities and permitting time for plan assets to regrow.

In May 2011 a national survey of multiemployer plans published by the Segal Company, a national consulting firm specializing in multiemployer plans, found that for calendar year 2011, 66% of multiemployer plans have been certified to be in “Green Zone” or healthy status under the Pension Protection Act, an increase from 54% in 2010, and 39% in 2009. In 2008, before the global economic collapse, 83% of plans had been in the “Green Zone”. The steady improvement since 2009 is evidence of the structural resilience of multiemployer plans. Survey results are available at www.segalco.com/publication-and-resources/multiemployer-publications/surveys-studies.

In May 2011, the Central Pension Fund issued a special edition of the CPF REPORT which documented the Fund’s recovery, and also documented the superiority of CPF to any 401(k) plan over the last 25 years. And the REPORT documented this superiority, even if CPF’s benefit accrual rate had been

at its currently reduced rate over the entire 25 year period. You may view the CPF Re-port by clicking the cover of the image below.

This demon-strated resilience and recovery of

multiemployer plans, as well as, their superiority over 401(k) plans is more important to workers to-day than ever before.

A December 2010 survey conducted by Towers Watson, a world-wide retirement consult-ing firm, found that 60% of new employees at employers with defined benefit pension plans cited the pension plan as an important reason they chose to work for their current employer, a sharp increase from just 27% in 2009. Furthermore, 72% of new employees said the defined benefit plan is an important reason they will stay with their employer, up from 51% in 2009.

By comparison, just 20% of new employees with only a 401(k) plan cited it as playing a role in choosing their employer, and only 28% said it was a reason they would stay with that employer. The Towers Watson survey results are available at www.towerswatson.com/united-states/press/3348.

In summary, while the consequences of the economic events of 2008-2009 will be felt for years to come, those events demon-strated that defined benefit pension plans can withstand even the worst of downturns, and it is such downturns that remind workers everywhere of the value of the retirement security that only defined benefit plans can provide.

Central Pension FundDefined Benefit Plans: Recovering steadily and increasing in demand

‘... multiemployer plans are steadily recovering from the historic economic downturn... because they are designed to withstand the harshest economic conditions.’

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Union Plus announces 2011IUOE scholarship winnersA higher education is more important now than ever. But with working families experiencing a distressed economy, escalating health care costs and tuition rising faster than the rate of inflation, affording an education now is even harder. To meet the growing need, Union Plus has awarded $150,000 in scholarships to 130 students representing 43 unions, including five representing the IUOE, in the 2011 Union Plus Scholarship Program.

Samantha Marshik (Local 49 - MN)Samantha of Foreston, MN, whose father Bret Nitzsche is a member of Local 49, has been awarded a $500 scholarship. “Head, Heart, Hands, Health” aren’t just the four tenets of 4-H clubs; they also are priorities of the nine-year member. “Hands” and “Health” represent her chosen field: becoming a doctor of chiropractic medicine, with additional training to treat horses, dogs and felines. “Head” represents her commitment to academics and plans for college. And “Heart” represents her social conscience. She appreciates what unions like the IUOE have done for working families like hers. She aspires to offer a program at her chiropractic clinic to benefit men and women in the armed services and their families.

Christina Scelfo (Local 94 - NY)Christina of Howard Beach, NY, whose father Ralph Scelfo is a member of Local 94, has been awarded a $2,000

scholarship. She will enter medical school this fall and Christina appreciates what the IUOE has done for her family. “Being part of the IUOE,” she says, “has provided my family with the assurance of a stable career and the benefits of

programs like pension and annuity.” She also appreciates what the IUOE has done for her: helping to pay for her education with several scholarships. As a doctor, she plans to help the country move forward and provide the best

care possible to its citizens.

Chase Chamberlain (Local 351 - TX)Chase of Stratford, OK, whose stepfather Larry Harrison is a member of Local 351, has been awarded a $4,000 scholarship. He is graduating first in his class, with perfect test scores and plans to attend one of America’s top universities as a political science major and then law school. But Chase feels responsibilities outside the classroom, too. His family has sponsored a boy from Tanzania, and Chase says, “This experience has changed my life.” He is also a reading mentor for younger children. Chase traces his social conscience to his stepfather’s IUOE membership. “Having a strong union has resulted in improvement in policies, equipment and overall general working conditions,” he says.

Zachary Zurfluh-Cunningham (Local 513 - MO)Zachary of Barnhart, MO, whose father Patrick Cunningham is a member of Local 513, has been awarded a $4,000

scholarship. Zachary was class president for all four years of high school. And when it comes to school spirit, he is a leader who leads by example: he participated in two sports, school musicals, drum line and student council and co-founded his school’s debate club. Today this proud son of an IUOE member embarks on the next chapter of his life,

and it promises the same degree of involvement and achievement: college, the U.S. Air Force and a career as a nuclear chemical engineer.

Uriah Markholt (Local 612 - WA)Uriah of Mossyrock, WA, whose mother Sona Markholt is a member of Local 612, has been awarded a $500 scholar-ship. “Union activism has been a part of my life ever since I can remember,” says Uriah. Her great-grandmother and grandfather were union members. “From an early age I was taught the importance of social justice for all people.” Her compassion for animals and people explains her ca-reer goal: becoming a veterinary technician and opening

an equine therapeutic riding center for individuals with special needs.

Union Plus Scholarship ProgramUnion Plus Scholarships are granted to students attending two-and four-year colleges, graduate school or a recognized technical/trade school. Since 1991, Union Plus has awarded $3 million in educational funding to over 2,100 union members and their families. Recipients are selected based on academic ability, social awareness, financial need and labor appreciation. Visit UnionPlus.org/Education for applications and eligibility.

Understanding how IUOE’s National Charity Fund helps

The National Charity Fund was es-tablished as a separate non-profit organization by the IUOE General

Executive Board in May 2007, growing out of the previously established Disaster and Hurricane Katrina Relief Funds. From the start, its primary purpose has been to pro-vide financial assistance to IUOE members and their families facing a national or local disaster. The Charity Fund is funded by the International, along with donations received from local unions and individuals and aims to maintain $2.5 million in assets available for distribution in the event of a disaster.

There are two circumstances in which the Charity Fund pays member-related ben-efits. The first is when an IUOE member is killed in a disaster. In that case, the Charity Fund will make a payment to the member’s family, generally in the amount of $50,000. The second type of benefit is payable when a member’s home has been destroyed or great-ly damaged in some type of disaster. In that case, the Charity Fund will pay the member up to $20,000, depending upon the amount of uninsured loss incurred by the member.

To understand how the Charity Fund works, it is important to understand what is meant by a “disaster.” As the General Execu-tive Board has defined the purpose of the Fund, a disaster is an act of God that has a substantial national or local destructive impact, such as tornados, floods, hurricanes, wildfires, bridge collapses or gas line explosions. A disaster

can also be a terrorist act such as the 9/11 attacks or the Oklahoma City bomb-ing. The Charity Fund is not set up to provide gen-eral financial assistance to members in need, nor to give help when an individ-ual has experienced some property loss. Further, it is not a death benefit fund for members.

The Charity Fund is designed to provide finan-cial assistance as quickly and as fairly as possible when a member’s home has been damaged. To that end, a Request for Assistance form is available on www.iuoe.org. In cases where there has been substantial damage to the member’s home, the member completes the form with their Business Manager, who veri-fies that they are in good standing. The form is then submitted to the International’s Office of Finance and Administration, along with supporting evidence documenting the loss. The claim is then reviewed by an outside au-diting firm retained by the International. It is that firm’s job to determine whether the claim meets the guidelines for payment adopted by the General Executive Board.

One of the most valuable features of the Charity Fund is its emergency payment pro-gram. As soon as a claim has been submit-ted, it is reviewed by the Office of Finance and Administration and the auditing firm. If the damage and the need are demonstrated, a $3,000 payment is sent to the member to use for his immediate needs. The emergency payment is made no later than 10 days after the Charity Fund has received the request, and it can go out as quickly as the same day it is submitted. The member and his family thus have some money in hand right away to meet their needs.

The Charity Fund performs another im-portant service in the face of disasters. If a member dies in a disaster, the Charity Fund provides financial help to the surviving family. When the deceased member’s Business Man-ger submits a claim, the General President and General Secretary Treasurer determine the ap-propriate amount to be paid, with $50,000 the typical sum. The Office of Finance and Ad-ministration and the auditing firm then review

the claim to determine whether it satisfies the General Executive Board’s guidelines. Once the review confirms that payment is appropri-ate, the check goes out to the family.

Along with providing aid to members and their families when a disaster strikes, the Charity Fund is set up to serve broader chari-table purposes. For the past two years, it has made donations to Martha’s Table, a Wash-ington, D.C. organization set up to provide food and clothing for the homeless.

But by far the biggest general charitable effort taken up by the Fund was in 2010 in response to the earthquake in Haiti. The Gen-eral Executive Board solicited contributions from local unions to the Charity Fund for aid to Haiti, with the promise that the Charity would match all contributions received. When 58 local unions donated a total of $131,000, the Charity Fund made an equal gift. The re-sulting $262,000 was given to Doctors with-out Borders, for its ongoing work in Haiti.

Since its inception, the Charity Fund has disbursed approximately $1.1 million, with over $800,000 going to IUOE members and their families. It has responded to hurri-canes in Texas; wildfires and gas explosions in California; a Minnesota bridge collapse; tornadoes in Alabama, Illinois, Kansas, Min-nesota and Missouri; and floods in Georgia, Indiana, Iowa, Kansas, Missouri, Washing-ton and Wisconsin.

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Education & TrainingLocal 15 crane operators participate in GPS workshopLocal 15 (New York, NY) members attended a Global Po-sitioning System workshop on May 14 at the local’s train-ing facility. Attendees participated in classroom and field exercises regarding the operation of GPS for surveying applications and other technological advancements in the industry, which helps enhance the skills of Local 15 oper-ators and maintains their status as leaders in the industry. Pictured (in no particular order) are: Richard Blackmore Jr., Robert Cook, Margaret Downey, Mohamed Elramly, Cory Emanuel, Michael Gillis, Eric Glaeser, Peter Mal-mendier, Brett Minnaugh, Christopher Morris, Robert Phelan, Juan Rivera, Danielle Shelton, Joseph Tripiedi, Vice President/Business Representative Robert G. Shaw and Local 15D Business Representative Anthony LaRosa.

Local 99 stationary engineer stewards hone skillsSeventy shop stewards attended Local

99’s (Washington, DC) recent training at the National Labor College, honing their skills and learning new ways to guide their co-workers on the shop floor.

“We’re like a family that’s eager to help each other,” said George Karellas, who has been a Local 99 member for 40 years and a shop steward for 10 years.

“It’s great to be able to help young peo-ple coming into the profession and also give more experienced people advice and guid-

ance,” said Karellas. “A good shop stew-ard should be close to their coworkers; give good advice and be transparent.” Karellas added, “A good shop steward also helps re-move confusion in the workplace and helps to find common ground between workers and management. It’s so important for us to stick together, especially with such heavy pressure these days from politicians trying to bust unions and spread misinformation.”

Local 99 Business Manager Mike Mur-phy said “a strong steward makes a strong local union,” adding that the aim of the

training was to “make the stewards knowl-edgeable about the benefits and rights on the job that we’ve negotiated in their contracts, especially our health and welfare benefits and our pension fund benefits, and to make sure that they can directly transmit that knowledge to the members who are working on the sites.”

Training topics also included identify-ing grievances, understanding Weingarten rights, organizational processes, how to file a grievance, labor laws and an overview of management rights versus workers’ rights.

Local 139 teamed with a Utah manufacturer of crane simulators to build a first-ever virtual world

where students learn specifically how to erect the components of a wind turbine.

The simulator is owned by the union’s Joseph J. Goetz Jr. Training Center, in Coloma, WI. Built by GlobalSim, a Kongsberg Maritime Company, the machine’s software projects real-world scenarios such as two cranes being operated independently, but together, to lift the components into place.

Designed with a commitment to realism, the simulator lets students get bumped around if they drive their crane over uneven ground, feel the wind blow against a crane boom and see the shadow of turbine blades pass over other objects. Equipped with a cab and controls identical to those in a Manitowoc Epic Model 2250 MAXER crane, along with a second set of the controls, up to two crane students can train simultaneously along with a third individual learning to be a signal person. With the second set of controls, an instructor has the option of working with one student at a time.

The simulator is enclosed within a 26-foot-long, 8-foot-wide trailer and can be transported to locations off the training center grounds.

Training center staff applied for and received a $275,000 Green Energy Grant from the State of Wisconsin in 2009 to develop the simulator. Following a design and testing period, the center put the simulator into action and began offering wind turbine erection classes in December, 2010.

“We’re pretty proud of what we have accomplished here,” said Local 139 Training Director Daniel Sperberg. “This simulator is the only one of its kind and it’s like being in the real thing.”

Sperberg said the simulator demonstrates Local 139’s commitment to offer its members the best possible training available. “We continually strive to be in a leadership role nationally as far as training is concerned,” he said. “This simulator gives us the bleeding-edge technology to achieve our goal.”

This story began about a decade ago when the training center purchased a state-of-the-art simulator from GlobalSim to teach Local 139 members how to operate a crane. But the machine’s intended purpose as a training tool was not realized because it was not set up to run a class through. Instead, it was used mainly as an interactive promotional device at public events to showcase educational opportunities at the training center.

With the Green Energy Grant available, Sperberg and Crane Instructor Doug Stegeman saw an opportunity to upgrade and repurpose the simulator to train students how to operate a crane for use in a green industry – wind power. Stegeman discussed creating virtual wind turbine erection scenarios with GlobalSim engineers. In August 2010, he drove the simulator back to the manufacturer and provided photographs he had taken of wind turbine components

being hoisted into place on actual jobsites. The engineers incorporated those scenes into the realistic graphics that students now see on the rebuilt simulator’s 90-inch diagonal, curved projection screen.

“We’re working with big cranes in this industry to lift very heavy turbine components hundreds of feet into the air,” Stegeman said. “It is inherently a high-risk situation because of that height. The training center can’t buy a real-life big crane like the Manitowoc 2250. But our students can establish a high degree of confidence with these cranes by using the simulator.”

GlobalSim has 15 years experience manufacturing crane simulators. Its engineers put three years into developing a high-fidelity working model simulator specific to wind turbine erection, said Daniel Olson, the company’s manager of operations. “This effort included creating the software and developing the models to a functional capability and implementing actual crane data. Those hours have been added upon throughout the ensuing years as upgrades and models have been enhanced.”

Jennifer Johnson, a journey-level operator, is familiar with running other pieces heavy construction equipment, but is learning how to operate a crane. She said the simulator boosted her confidence. “It’s a stepping stone in learning how to operate a real crane and it’s very realistic,” she said.

Local 139 develops crane simulator for erecting wind turbine

international operating engineer summer 201112 13

Complex project required skill of Local 115 operatorsThe retractable roof on BC Place stadium is the largest of its kind ever built and re-quires 36 masts around the outer rim to hold it up. Each mast is 14 storeys in height and weighs 120 tons. Together, they will hold up a cable network resembling 18 suspension bridges and made up of 35 ki-lometers of cable. The cable is 90mm (3.5 inches) in diameter - double that used in gondola lifts.

“It shows the necessity of skilled craft unions,” said Local 115 Business Manager Brian Cochrane. “Only skilled operators with top quality training on modern equip-ment are qualified for this kind of work.”

Almost all of the work will be done from the inside of the building by four massive cranes, including a 850-ton Mani-towac mobile crane and operating engineer brought in from Texas. That crane required 85 semi-trailer trucks to bring all the pieces to Vancouver. The crane was then reassem-bled inside BC Place. It can lift 600 tons at a time and will be used to hoist large sec-tions of the roof from what used to be the BC Lions’ playing field, up to the highest points of the building.

The crane operators’ work becomes more difficult as the project progresses. Cables will run from each outer mast to the node in the centre, creating a cable suspen-sion grid that will support the new retract-able fabric roof. The lifts have to be done between the increasingly narrow gaps be-tween the cables.

“The incredible complexity and skill level required for this job is a good reminder for senior people in government and those in positions of power in light of the diluted craft training we’ve seen in this province,” added Cochrane. “They often don’t realize

the importance of training.”

Each mast has been shipped to the con-struction site in three pieces. Those pieces go into a rotator jig to hold them in place for welding, assembly and finishing. The jig al-

lows each mast assembly to rotate slowly on its axis, so that workers can access all parts of the mast while it’s being put together.

The new roof is much heavier than the previous air-supported fabric roof, so extra rebar and concrete support is being added to the existing concrete support pil-lars.

The building’s founda-tions are also being upgrad-

ed to meet higher seismic standards and allow BC Place to operate as an emergency shelter for the Vancouver area in case of an earth-quake or other major disaster.

The outer plaza surrounding BC Place will undergo a revitalization during the con-struction period as well. Almost 100% of the old roof’s 720,000 square feet of Teflon-coated fiberglass fabric and inner liner will be recycled, rather than going to a landfill. A Minneapolis firm that specializes in recycling industrial fabric materials will ensure it is cut, patched, cleaned and repackaged for use as tarps, farm and industrial coverings and an ice rink liner for a nearby community.

“It’s been a good opportunity for members who have been running the cranes, and shows the importance of Red Seal [certification] mo-bility,” Cochrane said.

BC Place: by the numbers220 tons approximate weight of each mast and its attachments

120 tons weight of the centre node alone

18,000 tons combined weight of all steel used in this construction

76,000 square metres area of fabric used to cover the roof

35 kilometres total length of all cabling

Visit www.bcplace.com for more information

Training, Safety and Health Conference: a learning community

The 2011 IUOE Training, Safety and Health Conference, held July 18 - 21 in Newport Beach, CA, brought

together a community of IUOE instructors and administrators who shared their knowl-edge and insight regarding best practices in educating their local union members.

“You are the unsung heroes,” said General President Vincent J. Giblin during his opening remarks at the conference while thank-ing participants for their service to the IUOE. “It’s your dedication to teaching someone who’s brand new that make progress in this organiza-tion possible.”

The dedication of the time and resources that go into supporting all IUOE training was on full display during the week. Interactive work-shops provided feedback from lo-cal union subject matter experts to National Training Fund staff on new courses and options for delivery.

Many workshops used a focus group ap-proach for structured input in future course

development. The format allowed participants choices within 23 separate subject areas to match their interests. Several half day ses-sions provided an option to explore topics in greater depth.

Workshops covered safety and health, program administration and teaching as well

as craft-specific content for H&P and station-ary training programs. Two new master in-structor courses also took place. Advanced Teaching Techniques and a Multimedia Com-

puter class will be added to the existing NTF master instructor curriculum. There were sev-eral workshops devoted to using the Black-board Learning System with brief demonstra-tions to review new features.

Wrapping up the week were roundtable exchanges for instructors and ad-ministrators which provided ample opportunities for collaboration and discussion. At the conclusion of the conference, everyone was left with a strong sense of positive energy and a commitment to challenge one another to keep moving forward.

“On many occasions, I wit-nessed first-hand this vital core of IUOE administrators and instruc-tors who play an integral role in making our members the most skilled tradesmen on every job-site,” said General Secretary-Trea-surer James T. Callahan. “These

individuals continue to lead the way in inno-vative teaching techniques and equipping fu-ture generations of operating engineers with the tools they need to succeed.”

international operating engineer summer 201114 15

Operator hosts History channel’s “Inspector America”Local 139 member Tim Galarnyk is on a

mission to warn people of America’s decaying infrastructure.

And on Sunday nights, he has a worldwide audience to do so when the 52-year-old operat-ing engineer hosts “Inspector America,” which airs on The History Channel.

“They (producers) asked me in October 2009 if I would host a show about crumbling infrastructure - roads, bridges, dams, all of that,” Galarnyk said. “They had seen me on the air, talking whenever there was an accident and we’ve been filming since June of last year.

“It’s been really a lot of fun. We’ve been to Detroit, Minneapolis, St. Paul, Las Vegas, San Francisco, Seattle and Los Angeles.”

Galarnyk said that holding a Local 139 union card comes in handy on the show. “When I go to these different sites and ask them if I can run the equipment, they are re-luctant. But then I produce my union card and tell them I’m trained and it opens the door. Like when we’re in Detroit, I’m sitting on a backhoe, tearing down a building. I learned that from the IUOE.”

Along with speaking to the country’s de-caying infrastructure, Galarnyk is outspoken in his belief about how to control the country’s financial deficit. “There’s two ways to harness an out-of-control budget,” he said. “Number one, you can cut wasteful, unnecessary spend-ing. Number two, you can repair, renovate, and replace our infrastructure. When workers are employed doing this, they’re paying taxes and

that makes revenue for the government. For every dollar the government invests in infra-structure, there’s more than $3 in trickle down.

“For example, if I’m running an excava-tor, I have to pay the guy with the fuel truck and I have to buy tires and groceries and the list goes on and on.”

Galarnyk has an extensive background in training and safety. He joined Local 139 in 2004. For more than 20 years previously, he served as corporate risk manager for Lunda Construction Co. He left that company in 1999 to form his own business, Construction Risk Management, a signatory to Local 139.

Kelly Vorrasi, a spokesperson for The His-tory Channel, said Galarnyk was selected as host for Inspector America through a casting process conducted by the show’s production company. The origins of the program go back to 2009, she said, when The History Channel aired “The Crum-bling of America” special.

“That did well and it formed the concept (of In-spector America),” she said.

Vorrasi said that at least six episodes of Inspector America will air this sea-son. The premier episode was filmed in Minneapolis, site of the collapse of the Interstate 35 Bridge over

the Mississippi River in 2007, which killed 13 people and injured 145.

“America’s infrastructure is in need of at-tention,” said Dirk Hoogstra, SVP of Develop-ment and Programming, HISTORY in a press release regarding the show. “But this series isn’t about pointing fingers. Local officials all over the country are doing their best to fix degrading infrastructures; some of which go back to the turn of the last century and this show can be an advocate for them. These structures are living history and this series is evaluating engineering technologies past and present through a modern lens.”

According to the news release, each of the cities Galarnyk visits, “… was built on unique terrain with tools, technology, and materials of an earlier era. Infrastructure is breaking… and now is the time to pay attention.”

During its annual family picnic held at its state-of-the-art training site on August 7, IUOE Vice President and Local 150 President-Business Manager James M. Sweeney took

attendees back in time by proudly unveiling a recently restored, fully operational 1925 Erie Type B Steam Shovel.

The Erie Type B, first manufactured in 1915, took the place of other shovels by following the “Henry Ford model” of providing ma-chines with mass-produced, easily interchangeable parts. Within five years, Erie was the standard, enabling contractors to move 350 yards of dirt a day.

This steam shovel was used for nearly 50 years in a concrete business until it was retired. For the next 30, it sat idle in a field, exposed to the harsh New England elements until it was discovered online by a group of members who bought and donated the decayed chassis to Local 150.

Restoring a piece of equipment for which replacement parts have not been made for decades is a tall task, but in a little more than six months, the shovel had a new lease on life. Veteran mechanics and awestruck apprentices alike spent time learning about the machine and putting it back together.

Today, the Erie Type B is running like new on steam and can still move dirt, one 3/4 –yard bucket at a time.

“This steam shovel is just incredible to see in action,” said Swee-ney. “This is where we came from. Many of the most seasoned op-erators have never seen one of these in working condition, so it is something that is wonderful to be able to share.”

Members were excited to see a piece of history in action, and sev-eral retired members were present who had run one of these machines during their career. Many attending members noted that the resur-rected steam shovel gave them a sense of appreciation for how difficult and dangerous their craft was for those who came before them.

“After you see what goes into moving dirt with one of these, you realize just how tough some of the retirees had to be to spend so many years on them,” added Sweeney. “The older guys just lit up when they saw this machine running, and it was special to see how excited the younger members were to talk about it with them.”

Local 150 resurrects a ‘piece of history’

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Prevention is the key to preventing heat illnesses

Every year many workers become sick, disabled or die as a re-sult of heat illnesses. Operating engineers who work in hot environments such as construction, mines and boiler rooms are

at risk of heat stress, which can result in heat stroke, exhaustion or cramps. Heat can also increase the risk of injuries through sweaty palms, fogged-up safety glasses and dizziness. Burns may also occur as a result of accidental contact with hot surfaces or steam. Workers most at risk for heat stress are those 65 years of age or older, over-weight, have heart disease/high blood pressure or are taking medica-tions that may make their body more sensitive to extreme heat.

Prevention of heat stress in workers is important. Employers should provide training so workers understand what heat stress is, how it af-fects their health/safety and how to prevent it. The following informa-tion is a guide to the symptoms of and how to treat heat illnesses:

Heat strokeHeat stroke is the most serious heat-related disorder. It occurs

when the body becomes unable to control its temperature: the body’s temperature rises rapidly, the sweating mechanism fails, and the body is unable to cool down. When heat stroke occurs, the body temperature can rise to 106 degrees Fahrenheit or higher within 10 to 15 minutes. Heat stroke can cause death or permanent disability if emergency treat-ment is not given. Symptoms include: hot, dry skin or profuse sweat-ing, hallucinations, chills, throbbing headache, high body temperature, confusion/dizziness and/or slurred speech. The following steps should be taken to treat a worker with heat stroke: call 911 and notify their supervisor, move the sick worker to a cool shaded area, cool the work-er using methods such as: soaking their clothes with water; spraying, sponging, or showering them with water; fanning their body.

Heat exhaustionHeat exhaustion is the body’s response to an excessive loss of

the water and salt, usually through excessive sweating. Workers most prone to heat exhaustion are those that are elderly, have high blood pressure, and those working in a hot environment. Symptoms in-clude: heavy sweating, extreme weakness or fatigue, dizziness, confu-sion, nausea, clammy, moist skin, pale or flushed complexion, muscle cramps, slightly elevated body temperature, fast and shallow breathing. Treatment for heat exhaustion should include: rest in a cool, shaded or air-conditioned area, drink plenty of water or other cool, nonalcoholic beverages, a cool shower, bath, or sponge bath.

Heat syncopeHeat syncope is fainting, light-headedness or dizziness that usually

occurs with prolonged standing, sudden rising from a sitting/lying posi-tion or dehydration. Treatment should consist of sitting/lying down in a cool place and slowing drinking water, clear juice or a sports beverage.

Heat crampsHeat cramps usually affect workers who sweat a lot during stren-

uous activity. Sweating depletes the body’s salt and moisture levels. Low salt levels in muscles causes painful cramps, which may also be a symptom of heat exhaustion. Symptoms include muscle pain or spasms usually in the abdomen, arms or legs. Workers with heat cramps should stop activity, sit in a cool place, and drink clear juice/a sports beverage.

safety & health news

Employers should: • Schedule jobs for cooler months or cooler parts of the day

• Acclimate workers to hot work environments by exposing them for progressively longer periods

• Reduce the physical demands of workers

• Use relief or extra workers for physically demanding jobs

• Provide cool water or liquids to workers

• Provide cool areas for use during breaks and rest periods

• Monitor workers who are at risk of heat stress

• Provide heat stress training

Workers should: • Wear light-colored, loose-fitting, breathable clothing

• Gradually build up to heavy work

• Take more breaks in extreme heat/humidity in a cool area

• Drink enough water frequently

• Avoid drinks with caffeine, alcohol and lots of sugar

• Avoid protective clothing or equipment that may increase the risk of heat stress

• Monitor your physical condition and that of your coworkers

First Local 3 female crane operator shares her story

When Colette “Miki” Coehlo cut class in high school, it wasn’t because she was bored or want-

ed to cause trouble. It was because she was fascinated – with cranes. She wanted to watch them – the ones her grandfather, Lo-cal 3 member David Puu, operated.

“It [crane boom] really is an extension of your arm. You picture what you want to do with your mind, and your hand does it,” said Coehlo. Spoken like a true crane operator.

For the Local 3 retiree (since 2009), the goal of being that operator was reached, but the journey wasn’t an easy one.

She joined Job Corps in 1975, when she was 18 years old, after hearing that the con-struction industry needed more women, due to affirmative action. But women operators weren’t exactly accepted with “open arms.” She didn’t hear from Job Corps again about any jobs.

She did hear of Local 3’s apprentice-ship program but was told over the phone that they were only accepting applicants on Maui – they didn’t know she was from Maui! She studied hard for the written and manual dexterity tests and passed, but even then, her entrance into the program wasn’t a certainty.

“They only took the first 10 applicants [who passed],” Coehlo said. “Doors opened at 7:45 a.m., so I was there at 4:30 a.m.”

She had to master at least one piece of equipment, and it’s not hard to guess which one she chose. Even though she was told on more than one occasion by her male con-temporaries: “You’ll never be a crane opera-tor,” she proved them wrong. She started as an oiler “from the ground up” and remained determined, even though, at times, “I want-ed to quit.”

Coehlo knows now that becoming an operator is hard for any apprentice, because “you start in the trenches and do whatever they ask,” but such tasks were even harder for a woman.

“I took a lot of crap,” she said.

Despite the challeng-es, Coehlo persevered, becoming the first female crane operator in the union upon her initia-tion in 1977.

“I was good, because I loved it. It is a high to get in the seat,” she said.

Still, it didn’t get any easier from there. After arriving on her first job, the supervisor let her know right away that “we don’t want you here, but we don’t have a choice.”

But Coehlo didn’t back down, and she never let anyone see her cry (even though, at times, she did).

“Every day, you have to prove yourself,” she said of being a female operator. “Women have a softer touch, but they have to get over their fear. Time and time again, I’ve seen it – they let the fear take over. If they get over it, they can be excel-lent operators.”

In her retirement, Coehlo was asked to be a crane trainer and “show them the tricks,” she said.

She also keeps busy by volunteering to cook meals at a local women’s shelter 25 to 30 days a month. “I like helping,” she said.

Coehlo also still watches cranes.

“I miss operating a crane boom so much. My heart goes… when I see them; my fingers get itchy. I ate, slept and breathed it [operating cranes],” she said. This is why teaching seems the next, natural step.

She remembers what fun it was to oper-ate the biggest crane on Maui. “I was trained on bigger cranes, 150-ton, old-style conven-tional cranes. They’d [other operators] see you sit in the seat, and they’d look two, three, four times. Their facial expressions were priceless.”

So is a passion about your profession. Coehlo still has this passion and has passed it on to her “hanai,” or “adopted,” sister Wanda Sajulga (a member since 1981) and her “hanai” niece, Malia DeVera-Igarta (a member since 2004).

Her advice to young operators today, struggling in the tough economy, is to “ride it out.” Another testament to her tenacity is that when she went through the slowdown in the economy in the ’80s, she “drove tours in Maui... You have to find a way to survive.”

Coehlo is definitely a survivor.

Survival of the fittest

“It [crane boom] really is an extension of your arm. You picture what you want to do with your mind, and

your hand does it.”

Local 3 Operator Colette Coelho, far right, with her “adopted” sister Wanda Sajulga (a member since 1981), left, and niece Malia DeVera-Igarta (a member since 2004).

international operating engineer summer 201118 19

HAZMAT newsInnovative safety and health apps for smartphones

Social media refers to the use of web-based and mobile technologies to turn com-munication into an interactive dialogue. It also includes numerous applications or better known as “apps” for safety and health related topics are available and many can be applied in your work and personal life. One word of caution, you should never use the apps on your smartphone while driving, operating equipment or performing other tasks.

Heat IndexReleased by the DOL, available in Eng-

lish and Spanish, this app uses heat index data from NOAA with the user’s location to deter-mine protective measures. It also provides signs and symptoms of heat-related illnesses and first aid steps to take in an emergency. It is currently an Android only app and can be downloaded at http://go.usa.gov/KFE.

CPR /First AidA CPR/First Aid app is available from

the American Red Cross (ARC) and the American Heart Association (AHA). They provide emergency care instructions and in-

formation. The ARC app also features 9-1-1 dialing that auto-launches your location in-formation while on the call with the emer-gency dispatcher. The AHA app allows you to store medical information.

To get the ARC app, Android users can go to https://marketlandroid.com and down-load the S.O.S. by ARC app. To download the AHA app, iPhone users go to www.heart.org/heartorg and search for CPR First Aid app. Android users can download the AHA app at http://android.market.com.

Training key in reducing high rate of fall fatalitiesAccording to the Bureau of Labor Sta-

tistics’ Census of Fatal Occupational Inju-ries Summary 2009, a preliminary total of 4,340 fatal work injuries were recorded in the U.S. in 2009, with 617 workers dying as a result of a fall in 2009. Approximately half of all fatal falls occur in construction.

The IUOE NTF National HAZMAT Pro-gram recently completed its second OSHA 3110 Fall Arrest Systems course, which was held in conjunction with the two-day NTF Rigging Safety course. The three-day OSHA 3110 Fall Arrest Systems training course covers fall prevention and protection

in the construction and general industry.

The NTF course included two days of class instruction and a third day of hands-on activities. Students were asked to inspect fall protection equipment and scaffolds, construct a controlled access zone (CAZ) and erect scaffolds, inspect ladders and a horizontal lifeline and then each student was asked to properly don a fall protection harness and was given the opportunity to feel what it is like to be suspended in a per-sonal fall arrest system (PFAS).

IUOE local instructors that wish to con-duct fall protection training or incorporate fall protec-tion training into their ex-isting training may use the new Fall Protection and Prevention material created by the IUOE NTF National HAZMAT Program.

The material includes a student manual, instructor manual and corresponding PowerPoint presentations. Instructors may order the material by submitting a proposal form and referenc-ing M-49-2011.IN for the

instructor manual and M-49-2011.ST for the student manual.

IUOE local union instructors may also request fall protection equipment to use during their classes including fall protection harnesses, lanyards and equipment.

For more information, please contact 304-253-8674 or hazmat@iuoehazmat.org.

On May 6, Acting General Counsel of the National Labor Relations Board Lafe Solomon sued the State of Arizo-na in federal district court in Phoenix seeking to have a state constitutional amendment de-

clared in conflict with the National Labor Relations Act and therefore preempted by the Supremacy Clause of the United States Constitution.

Arizona’s voters passed the amendment in question on November 2, 2010. The amendment limits the method by which employees can choose a union to only a secret ballot election.

In January 2011, Solomon wrote to the Arizona Attorney General advising that the amendment conflicted with the National Labor Relations Act because it precluded voluntary recognition of unions by employers—an alterna-tive path to union bargaining status which had been lawful under the Act for many years; Solomon also cited Section 8(f) of the Act, which specifically provides for voluntary recognition in the construction industry.

Solomon notified the Attorney General that the NLRB had au-thorized litigation if necessary to prevent the constitutional amend-

ment’s interpretation in conflict with federal law. He sent similar letters to the Attorneys General of

three other states - South Carolina, South Dakota and Utah - which had passed similar amendments.

After attempts to resolve the matter through discussion and negotiation failed, the lawsuit was filed. The suit relies on prec-edent established in NLRB v. Nash-Finch Co., a 1971 case where the U.S. Supreme Court upheld the NLRB’s authority to seek federal court injunctions against state actions that con-flict with federal rights.

Because voluntary recognition pursuant to Section 8(f) is by far the most frequent way union representation is established in the con-struction industry, this case is of particular inter-est to construction workers and their unions.

NLRB sues AZ over amendment limiting voluntary recognition

Legal Briefs

The National Labor Relation Board published a Notice of Proposed Rulemaking on June 22, seeking to streamline its procedures in representation cases, the proceedings by which the NLRB conducts elections to determine whether

groups of employees wish to be represented by a union. As stated in the NLRB’s press release describing the proposed rules, these proposals would:

� Allow for electronic filing of election petitions and other docu-ments.

� Ensure that employees, employers and unions receive and ex-change timely information they need to understand and partici-pate in the representation case process.

� Standardize timeframes for parties to resolve or litigate issues before and after elections.

� Require parties to identify issues and describe evidence soon after an election petition is filed to facilitate resolution and elimi-nate unnecessary litigation.

� Defer litigation of most voter eligibility issues until after election.

� Require employers to provide a final voter list in electronic form soon after the scheduling of an election, including voters’ tele-phone numbers and email addresses when available.

� Consolidate all election-related appeals to the board into a sin-gle post-election appeals process and thereby eliminate delay in holding elections currently attributable to the possibility of pre-election appeals.

� Make review of post-election decisions discretionary rather than mandatory.

The NLRB held a public hearing on the proposed changes on July 18-19 and comments on the proposed rules were due August 22, with the NLRB allowing responses to the initial comments to be filed with-in 14 days after the initial comments were due.

IUOE local unions are active users of the NLRB’s election proce-dures, and any procedural reforms that curtail delay, avoid needless litigation, and limit interference with employees’ right to vote for union representation are welcome.

Procedural reforms in election cases proposed by NLRB

international operating engineer summer 201120 21

As consumers, we strive to make informed decisions on the quality of the products

and services we purchase whether it is an automobile, mechanic or even dish soap. Consumer magazines and websites are plentiful to aid us in our decision making.

For healthcare, however, our doc-tor was probably our only cred-ible source for information, and that meant going in for an appointment. Otherwise, we have been “on our own” as to the purchases for what is most important: maintaining our health and that of our loved ones.

Finally, this situation is now start-ing to change. Medicare is leading the wave by assessing health facilities on a variety of quality measures. Below are links to new and useful tools that now allow you to compare healthcare fa-cilities so that you can make appropri-ate decisions. Going forward as more tools become available, they will be highlighted in the Operating Engineer.

http://hospitalcompare.hhs.gov/ This tool helps you compare the qual-ity of care hospitals provide. It provides a list of U.S. hospitals including hospital demographics (location, hospital type), 44 quality-of-care measures and data on some Department of Veterans Affairs medical centers.

http://www.medicare.gov/Dialysis/ Use this tool to help you compare the quality of care that dialysis facilities provide. It provides a list of U.S. dialysis

facilities which i n c l u d e s s e r v i c e s p r o v i d e d ,

q u a l i t y measures, and

resources.

http://www.medicare.gov/homehealthcompare/ This tool helps compare the quality of care that home health agencies pro-vide. It provides a list of U.S. home health agencies, including demographics, ser-vices provided and quality measures.

http://www.medicare.gov/NHCompare/ Use this tool to compare the quality of care that nursing homes provide. A list of U.S. nursing homes including demo-graphics (location and type of facility) and nursing home ratings, which con-tains health inspection reports, staffing data, and quality measures.

New tools online to compare health care quality

Local 542 (Fort Washington, PA) Operat-ing Engineer Jim Lynch, second from the right

in the photo on the right, recently erect-ed a 200,000 gallon Aqua Pa tank in Hon-eybrook, PA for the Fisher Tank Co. He is seen here with mem-bers of the Boilermak-ers. As a result of the skill and training of Lynch, the job had zero accidents.

Local 400’s Bird first female vested miner

AROUN

D the locals

Local 400(Helena, MT)Operator Keri Bird became the first female vested miner in the history of the WRI-Absalo-ka mine.

Local 542 member erects massive tank

The brutal heat and humidity in the nation’s capitol and a loss by the Washington Nation-als didn’t dampen the spirit of solidarity dur-ing the recent Labor Night at Nationals Park.

Almost 6,000 metro-area union mem-bers, including Local 99 (Washington, DC) stationary engineers and their fami-lies, filled the stands at Nationals Park for the 5th Annual Labor Night at the Nats.

The evening raised almost $10,000 for the Community Services Agency’s Emer-

gency Assistance Fund, which helps struggling fami-lies in financial crisis.

“Tonight is a reflection of the solidarity and generosity of those in the labor move-ment,” said Metro Washing-ton Council, AFL-CIO Presi-dent Josh Williams. “We all have fun and the proceeds go toward helping our fellow union brothers and sisters in need.”

Union members and their children took turns throwing out the first pitch and performing a stirring rendition of the National Anthem in front of the Fairfax County Profession-al Firefighters and Paramedics Asso-ciation Honor Guard, which presented the colors.

Among those participating in pre-game rituals were Local 99’s Sam Redden, who exchanged the line-up card with Nationals Manager Davey Johnson before watching the Nats take the field and Local 99 retired Business Manager Lou Cernak, who delivered the “play ball” call.

Nationals Labor Night a grand slam for Local 99 members

Retired Local 99 Business Manager Lou Cernak took to the mic to say “Play Ball”.

Local 99 Business Manager Michael Murphy, his grandson Hayden and Business Representative Sam Redden on the field.

Local 99 Business Representative Sam Redden on the field exchanging the line-up with Nationals Manager Davey Johnson and umpires.

international operating engineer22

Union Plus ScholarshipsNEW online application now available!

Nearly 2,100 students in union families have received money for college through the Union Plus Scholarship. The new application is

now available entirely online! You can complete the application in stages and save your answers before you submit.

“Having a strong local union has resulted in improvement in policies, equipment and overall general working conditions. This experience has changed my life.”

Chase Chamberlain

Who can apply: Current and retired participating union members, their spouses and their children.

What kind of school is eligible: The scholarship is open to students who attend or plan to attend a U.S. college, university, community college, or a technical/trade school. Students attending undergraduate or graduate schools are eligible.

Scholarship amounts: Recipients will receive $500 to $4,000.

Deadline to apply: Tuesday, January 31, 2012 (11:59 pm Eastern Time)

Scholarship recipients announced: Thursday, May 31, 2012

Details and online application available at: UnionPlus.org/Scholarships

Chase Chamberlainof Stratford, OK, whose stepfather Larry Harrison is a member of IUOE Local 351, has been awarded a $4,000 scholarship.

UnionPlus.org/Scholarships

IUOE-FLY-SCHOL-L0811

technical/trade school. Students attending undergraduate or graduate schools are eligible.

Scholarship amounts: Scholarship amounts: Recipients will receive $500 to $4,000.

Deadline to apply: Deadline to apply: Tuesday, January 31, 2012 (11:59 pm Eastern Time)

Scholarship recipients announced:Scholarship recipients announced:Thursday

Details and online application available at:Details and online application available at:UnionPlus.org/Scholarships

Chase Chamberlain Chase Chamberlain

Now Apply Online!

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