Engineering Inc. - November/December 2003 - 30

...He examined the cards, utive vice president for the Asso- from crossing
the picket lines, cannot picket when the object of acknowledged that each
of the ciation for Soil and Foundation essentially shutting down signifi-
their picket is not on site. drillers had signed one, and told Engineers.
The unions under- c a n t construction projects A t least three
engineering the organizers that the demands stand this law intimately, and
throughout Chicago. f i r m s n a m e l y, Brett Gitskin wouldn't be a
problem.'' Those they can use it in such a way as When workers heard both
Engineering Consulting Services actions, an administrative law to
absolutely bedevil those who sides of the story, they chose to Ltd., STS
Consultants Ltd. and j u d g e would later conclude, aren't as astute.
remain non-union,'' says Rachel F l o o d Testing Laboratories amounted to
recognition of the T h a n k f u l l y for Terracon a C o w e n , a labor
lawyer in I n c . w e r e removed from u n i o n and a responsibility on
national engineering and con- Chicago and a partner at Con- numerous
construction projects t h e part of Terracon to begin s u l t i n g
company based in n e l l y, Sheehan, Moran. But throughout Chicago because
of negotiations on matters of pay, L e n e x a , Kan. in June, the clearly,
[the unions] then tried to u n i o n picketing. Technicians hours and work
conditions. National Labor Relations Board compel these employers to
recog- working for Flood Testing Labo- In Illinois and elsewhere, NLRB
reversed the administra- nize them without an election. r a t o r i e s
eventually joined the T H I S H A S H A D S O M E P R E T T Y D E VA S TAT
I N G F I N A N C I A L I M PA C T S O N S I T E O W N E R S . Y O U HIRE
ABC ENGINEERING FIRM TO DO YOUR INSPECTIONS, AND IF THE FIRM IS BEING
PICKETED AND SHUTTING DOWN YOUR $125 MILLION BUILDING JOB, THE FIRST THING
YOU DO IS ASK ABC ENGINEERING TO LEAV E T H E J O B S I T E . R a c h e l C
o w e n union organizers are using their tive law judge's decision, con- In
some cases, it worked. To union after an election in Febru- i n t r i c a t
e knowledge of labor cluding that Mousallem's actions get the tradesmen to
return to ary 2002. Various orders by the laws to pressure, befuddle and,
d i d not amount to voluntary work, some building owners sim- NLRB now
prevent picketing at i n some cases according to recognition of the union.
But ply fired the engineering firms the two other companies. labor lawyers
, even trick engi- that has not calmed the concerns that were the targets
of picketing. This has had some pretty neering companies into recog- of
engineering companies that Under federal labor law, unions devastating
financial impacts on nizing their unions. The prac- h a v e witnessed
similar events site owners, Cowen says. You t i c e has become so
prevalent across the country. hire ABC engineering firm to do If union
organizers t h a t major trade organiza- your inspections, and if the firm
come to your office Similar Concerns tions including the American is being
picketed and shutting and talk to you, just as Nationwide Council of
Engineering Compa- down your $125 million build- common courtesy you n i e
s h a v e hired lawyers to In the Chicago area, Local 150 ing job, the
first thing you do is might invite them in advise members how to respond o
f the Operating Engineers a s k ABC engineering to leave and let them say
what a p p r o p r i a t e l y to organizing launched an aggressive push
18 the job site. they want to say. But efforts at work sites. m o n t h s
ago to organize field Chicago has been one of the just by doing that, it
In February, ACEC distrib- technicians i.e., those hired by unions' chief
targets but by no can be said that you've uted legal guidance to its state
e n g i n e e r i n g firms to inspect means the only one. Unions also
agreed to bargain with c h a p t e r s for use by member work being done
on construc- have tried to organize field rep- them. firms. The document,
prepared t i o n sites . In two instances r e s e n t a t i v e s and
surveyors in DAVID GABOURY, b y the law firm of Shaw where the union
failed to win California, Alabama, Minnesota, TERRACON INC. Pittman,
provides an overview of secret-ballot elections to organize Michigan and
Washington. t h e National Labor Relations t h e Chicago technicians, the
In California, unions are A c t , as well as guidance for union picketed
the work sites working through the state legis- m e m b e r firms that are
con- a n y w a y p r o t e s t i n g that the lature to give unions more
lever- fronted by organizing activities. engineering firms were not treat-
a g e in engineering projects. We are dealing with [labor] ing the
technicians fairly. This About two years ago, engineer- laws that are
about 70 years old, d i s c o u r a g e d other tradesmen, ing field
technicians became cov- says John Bachner, national exec- who typically
belong to unions, e r e d by the state's prevailing 3 0 E N G I N E E R I
N G INC. N o v e m b e r l December 2003
Engineering Inc. - November/December 2003

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