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Volumn 18, Issue 1, 1997, Pages 1-15

Construction union programs to regain jobs: Background and overview

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Indexed keywords


EID: 0039380228     PISSN: 01953613     EISSN: None     Source Type: Journal    
DOI: 10.1007/s12122-997-1000-0     Document Type: Article
Times cited : (6)

References (69)
  • 1
    • 0003650556 scopus 로고    scopus 로고
    • Union membership data are now published annually in the U.S. Bureau of Labor Statistics' monthly journal, Employment and Earnings, usually in the January, but sometimes in the February, issue.
    • Employment and Earnings
  • 2
  • 3
    • 0038947289 scopus 로고
    • Major Industrial Research Unit Studies, No. 54 Philadelphia: The Wharton Industrial Research Unit, University of Pennsylvania
    • Herbert R. Northrup and Howard G. Foster, Open Shop Construction. Major Industrial Research Unit Studies, No. 54 (Philadelphia: The Wharton Industrial Research Unit, University of Pennsylvania, 1975), p. 351.
    • (1975) Open Shop Construction , pp. 351
    • Northrup, H.R.1    Foster, H.G.2
  • 4
    • 0040131394 scopus 로고
    • Major Industrial Research Unit Studies, No. 62 Philadelphia: The Wharton Industrial Research Unit, University of Pennsylvania
    • Herbert R. Northrup, Open Shop Construction Revisited. Major Industrial Research Unit Studies, No. 62 (Philadelphia: The Wharton Industrial Research Unit, University of Pennsylvania, 1984), pp. 27-28. Hereinafter cited as OSCR Book.
    • (1984) Open Shop Construction Revisited , pp. 27-28
    • Northrup, H.R.1
  • 5
    • 0040131450 scopus 로고    scopus 로고
    • Herbert R. Northrup, Open Shop Construction Revisited. Major Industrial Research Unit Studies, No. 62 (Philadelphia: The Wharton Industrial Research Unit, University of Pennsylvania, 1984), pp. 27-28. Hereinafter cited as OSCR Book.
    • OSCR Book
  • 6
    • 51249173147 scopus 로고
    • Arizona construction labor: A case study of union decline
    • Spring
    • These are the author's estimates and are based on regular monitoring of association, contractor, and union contacts and their publications. For case studies in one area in which union construction virtually collapsed, and in another in which union control has largely been maintained, see Herbert R. Northrup, "Arizona Construction Labor: A Case Study of Union Decline," Journal of Labor Research 11 (Spring 1990): 161-80; and idem, "The Status and Future of Unionized Construction in New Jersey," New Jersey Building Contractor 4 (December 1990): 9-12.
    • (1990) Journal of Labor Research , vol.11 , pp. 161-180
    • Northrup, H.R.1
  • 7
    • 51249173147 scopus 로고
    • The status and future of unionized construction in New Jersey
    • December
    • These are the author's estimates and are based on regular monitoring of association, contractor, and union contacts and their publications. For case studies in one area in which union construction virtually collapsed, and in another in which union control has largely been maintained, see Herbert R. Northrup, "Arizona Construction Labor: A Case Study of Union Decline," Journal of Labor Research 11 (Spring 1990): 161-80; and idem, "The Status and Future of Unionized Construction in New Jersey," New Jersey Building Contractor 4 (December 1990): 9-12.
    • (1990) New Jersey Building Contractor , vol.4 , pp. 9-12
    • Northrup, H.R.1
  • 8
    • 51249176291 scopus 로고    scopus 로고
    • Construction doublebreasted operations and pre-hire agreements: Assessing the issues
    • Spring
    • For a discussion of doublebreasting, see Herbert R. Northrup, "Construction Doublebreasted Operations and Pre-Hire Agreements: Assessing the Issues," Journal of Labor Research 10 (Spring 1989): 215-38; and idem, "Doublebreasted Operations and the Decline of Construction Unionism," Journal of Labor Research 16 (Summer 1995): 379-385. A recent National Labor Relations Board (NLRB) decision would seriously crimp the ability of contractors to work doublebreasted if upheld in the courts. See Painters and Allied District Council No. 51 of the International Brotherhood of Painters and Allied Trades, AFL-CIO, and Manganaro Corporation, Maryland 321 NLRB No. 31, (May 10, 1996). An incisive dissent by NLRB Member Cohen strongly erodes the rationale of the Board majority in this case.
    • (1989) Journal of Labor Research , vol.10 , pp. 215-238
    • Northrup, H.R.1
  • 9
    • 21844488889 scopus 로고
    • Doublebreasted operations and the decline of construction unionism
    • Summer
    • For a discussion of doublebreasting, see Herbert R. Northrup, "Construction Doublebreasted Operations and Pre-Hire Agreements: Assessing the Issues," Journal of Labor Research 10 (Spring 1989): 215-38; and idem, "Doublebreasted Operations and the Decline of Construction Unionism," Journal of Labor Research 16 (Summer 1995): 379-385. A recent National Labor Relations Board (NLRB) decision would seriously crimp the ability of contractors to work doublebreasted if upheld in the courts. See Painters and Allied District Council No. 51 of the International Brotherhood of Painters and Allied Trades, AFL-CIO, and Manganaro Corporation, Maryland 321 NLRB No. 31, (May 10, 1996). An incisive dissent by NLRB Member Cohen strongly erodes the rationale of the Board majority in this case.
    • (1995) Journal of Labor Research , vol.16 , pp. 379-385
    • Northrup, H.R.1
  • 10
    • 51249176291 scopus 로고    scopus 로고
    • NLRB No. 31, May 10
    • For a discussion of doublebreasting, see Herbert R. Northrup, "Construction Doublebreasted Operations and Pre-Hire Agreements: Assessing the Issues," Journal of Labor Research 10 (Spring 1989): 215-38; and idem, "Doublebreasted Operations and the Decline of Construction Unionism," Journal of Labor Research 16 (Summer 1995): 379-385. A recent National Labor Relations Board (NLRB) decision would seriously crimp the ability of contractors to work doublebreasted if upheld in the courts. See Painters and Allied District Council No. 51 of the International Brotherhood of Painters and Allied Trades, AFL-CIO, and Manganaro Corporation, Maryland 321 NLRB No. 31, (May 10, 1996). An incisive dissent by NLRB Member Cohen strongly erodes the rationale of the Board majority in this case.
    • (1996) Painters and Allied District Council No. 51 of the International Brotherhood of Painters and Allied Trades, AFL-CIO, and Manganaro Corporation, Maryland , vol.321
  • 13
    • 0040725343 scopus 로고    scopus 로고
    • note
    • See, e.g., Operating Engineers and Participating Employers Pre-Apprentice, Apprentice, and Journeyman Affirmative Action Fund v. Weiss Bros. Construction Co.. 221 Cal. App. 3rd 867, 270 Cal. Rptr. 786 (1990); cert. den., 111 S.Ct.1337 (1991); Hydrostorage, Inc. v. Northern California Boilermakers Local Joint Apprenticeship Committee, 891 F.2d 719 (9th Cir. 1989); cert. den., 498 U.S. 822 (1990); and Electrical Joint Apprenticeship Committee v. McDonald, 949 F.2d 270 (9th Cir. 1991); cert. den., 112 S.Ct. 2991 (1992). The unions have achieved a victory in an appeals court decision which ruled that ERISA does not preempt state "Little Davis-Bacon" (prevailing wage) acts. See, Keystone Chapter, Associated Builders and Contractors, Inc., v. Foley, 37 F.3d 945 (3rd Cir. 1994); cert. den., 115 S.Ct. 1393 (1995). See, however, General Electric Co. v. Department of Labor, 891 F.2d 25 (2nd Cir. 1981); and Associated Builders & Contractors, Saginaw Valley Chapter v. Perry, 869 F. Supp. 1239 (W.D. Mich 1994), in which state "Little Davis-Bacon" laws have been found to be preempted by ERISA because of regulation of contractor employee benefits.
  • 14
    • 25344440850 scopus 로고    scopus 로고
    • Supreme Court agrees to examine legality of state prevailing wage laws
    • April 16, The case involved is California Division of Labor v. Dillingham Construction, U.S. Sup. Ct., 95-789 (April 15, 1996), in which the Court of Appeals, Ninth Circuit, ruled that an apprenticeship training program is an employee benefit program for purposes of ERISA and therefore preempted. Dillingham Construction v. Sonoma County, 2 WH Cases 2d 1291, 19 EBC 1409 (1995)
    • "Supreme Court Agrees to Examine Legality of State Prevailing Wage Laws," Daily Labor Report, No. 73 (April 16, 1996), p. AA-1. The case involved is California Division of Labor v. Dillingham Construction, U.S. Sup. Ct., 95-789 (April 15, 1996), in which the Court of Appeals, Ninth Circuit, ruled that an apprenticeship training program is an employee benefit program for purposes of ERISA and therefore preempted. Dillingham Construction v. Sonoma County, 2 WH Cases 2d 1291, 19 EBC 1409 (1995).
    • (1996) Daily Labor Report , vol.73
  • 15
    • 0040131391 scopus 로고    scopus 로고
    • Cost of terms and conditions in collective bargaining agreements
    • March
    • "Cost of Terms and Conditions in Collective Bargaining Agreements," Construction Labor Research Council, March 1996, p. 2.
    • (1996) Construction Labor Research Council , pp. 2
  • 16
    • 0039539841 scopus 로고
    • Wages and benefit settlements in construction 1995
    • December
    • "Wages and Benefit Settlements in Construction 1995," Construction Labor Research Council, December 1995, p. 1; and "1996 Construction Labor Rate Trends and Outlook," idem, February 1996, pp. 1-2, Wages and benefit settlements during the 1960s and 1970s can be found in annual publications of the U.S. Bureau of Labor Statistics entitled Wages and Benefits: Building Trades. This Series was discontinued after 1981.
    • (1995) Construction Labor Research Council , pp. 1
  • 17
    • 0039539752 scopus 로고    scopus 로고
    • 1996 Construction labor rate trends and outlook
    • February
    • "Wages and Benefit Settlements in Construction 1995," Construction Labor Research Council, December 1995, p. 1; and "1996 Construction Labor Rate Trends and Outlook," idem, February 1996, pp. 1-2, Wages and benefit settlements during the 1960s and 1970s can be found in annual publications of the U.S. Bureau of Labor Statistics entitled Wages and Benefits: Building Trades. This Series was discontinued after 1981.
    • (1996) Construction Labor Research Council , pp. 1-2
  • 18
    • 0040725346 scopus 로고
    • "Wages and Benefit Settlements in Construction 1995," Construction Labor Research Council, December 1995, p. 1; and "1996 Construction Labor Rate Trends and Outlook," idem, February 1996, pp. 1-2, Wages and benefit settlements during the 1960s and 1970s can be found in annual publications of the U.S. Bureau of Labor Statistics entitled Wages and Benefits: Building Trades. This Series was discontinued after 1981.
    • (1981) Wages and Benefits: Building Trades
  • 20
    • 0039539876 scopus 로고    scopus 로고
    • note
    • PAS, formerly Personnel Administration Services, has been surveying open-shop construction wages and conditions since the early 1980s.
  • 21
    • 0039539872 scopus 로고    scopus 로고
    • Saline, Mich.: PAS
    • 1996 Merit Shop Wage and Benefit Survey (Saline, Mich.: PAS, 1996), p. 7. All wage and benefit data included herein are from this PAS volume. For an excellent summary of the PAS data, see "Annual Survey of 'Merit Shop' Pay," Cockshaw's Construction Labor News + Opinion, June 1996, p. 1.
    • (1996) 1996 Merit Shop Wage and Benefit Survey , pp. 7
  • 22
    • 0040725336 scopus 로고    scopus 로고
    • Annual survey of 'merit shop' pay
    • June
    • 1996 Merit Shop Wage and Benefit Survey (Saline, Mich.: PAS, 1996), p. 7. All wage and benefit data included herein are from this PAS volume. For an excellent summary of the PAS data, see "Annual Survey of 'Merit Shop' Pay," Cockshaw's Construction Labor News + Opinion, June 1996, p. 1.
    • (1996) Cockshaw's Construction Labor News + Opinion , pp. 1
  • 23
    • 0007621103 scopus 로고    scopus 로고
    • note 4 above, Chapters IX and X
    • Additional citations and further explanation of statements made in this section are found in the OSCR Book, note 4 above, Chapters IX and X; and in Herbert R. Northrup, "The 'Helper' Controversy in the Construction Industry," Journal of Labor Research 13 (Fall 1992): 162-79.
    • OSCR Book
  • 24
    • 0007621103 scopus 로고    scopus 로고
    • The 'helper' controversy in the construction industry
    • Fall
    • Additional citations and further explanation of statements made in this section are found in the OSCR Book, note 4 above, Chapters IX and X; and in Herbert R. Northrup, "The 'Helper' Controversy in the Construction Industry," Journal of Labor Research 13 (Fall 1992): 162-79.
    • (1992) Journal of Labor Research , vol.13 , pp. 162-179
    • Northrup, H.R.1
  • 25
    • 0007621103 scopus 로고    scopus 로고
    • The 'helper' controversy in the construction industry
    • Fall
    • Ibid. For some recent developments, see "Solidarity, Not Censure," Engineering News-Record, April 29, 1996, p. 10, in which it is reported that the president of the Bricklayers' union proposed censuring the Laborers' union "for its predatory objectives and behavior."
    • (1992) Journal of Labor Research , vol.13 , pp. 162-179
    • Northrup, H.R.1
  • 26
    • 0038947244 scopus 로고    scopus 로고
    • Solidarity, not censure
    • April 29
    • Ibid. For some recent developments, see "Solidarity, Not Censure," Engineering News-Record, April 29, 1996, p. 10, in which it is reported that the president of the Bricklayers' union proposed censuring the Laborers' union "for its predatory objectives and behavior."
    • (1996) Engineering News-record , pp. 10
  • 27
    • 0038947239 scopus 로고
    • Electrical apprentice program extended from four to five years
    • April 3
    • "Electrical Apprentice Program Extended from Four to Five Years," Daily Labor Report, No. 63 (April 3, 1987), pp. A-5,6. This article also notes the five-year plans of the Plumbers and the Sheet Metal Workers.
    • (1987) Daily Labor Report , vol.63
  • 28
    • 0040131389 scopus 로고
    • Construction Industry Cost Effectiveness Project, Report D-2 New York: The Business Roundtable
    • Government Limitations on Training Innovations. Construction Industry Cost Effectiveness Project, Report D-2 (New York: The Business Roundtable, 1982), p. 6.
    • (1982) Government Limitations on Training Innovations , pp. 6
  • 29
    • 0040725341 scopus 로고
    • August
    • Union journals and other sources contain numerous references to the use of "travelers." See, e.g., IBEW Journal, August 1995, p. 33; September 1995, p. 34; October 1995, pp. 33, 34, 38, 41, and 44; November 1995, pp. 30, 34, and December 1995, pp. 36, 39. See also "California Unionized Construction Workers Get Big Boost from Environmental Regulations," Daily Labor Report, No. 223, (November 18, 1992), p. A-11, discussing travelers "from Arizona and Nevada and far beyond." Many other references could be cited.
    • (1995) IBEW Journal , pp. 33
  • 30
    • 0040725344 scopus 로고
    • September
    • Union journals and other sources contain numerous references to the use of "travelers." See, e.g., IBEW Journal, August 1995, p. 33; September 1995, p. 34; October 1995, pp. 33, 34, 38, 41, and 44; November 1995, pp. 30, 34, and December 1995, pp. 36, 39. See also "California Unionized Construction Workers Get Big Boost from Environmental Regulations," Daily Labor Report, No. 223, (November 18, 1992), p. A-11, discussing travelers "from Arizona and Nevada and far beyond." Many other references could be cited.
    • (1995) IBEW Journal , pp. 34
  • 31
    • 0040131456 scopus 로고
    • October
    • Union journals and other sources contain numerous references to the use of "travelers." See, e.g., IBEW Journal, August 1995, p. 33; September 1995, p. 34; October 1995, pp. 33, 34, 38, 41, and 44; November 1995, pp. 30, 34, and December 1995, pp. 36, 39. See also "California Unionized Construction Workers Get Big Boost from Environmental Regulations," Daily Labor Report, No. 223, (November 18, 1992), p. A-11, discussing travelers "from Arizona and Nevada and far beyond." Many other references could be cited.
    • (1995) IBEW Journal , pp. 33
  • 32
    • 0040725409 scopus 로고
    • November
    • Union journals and other sources contain numerous references to the use of "travelers." See, e.g., IBEW Journal, August 1995, p. 33; September 1995, p. 34; October 1995, pp. 33, 34, 38, 41, and 44; November 1995, pp. 30, 34, and December 1995, pp. 36, 39. See also "California Unionized Construction Workers Get Big Boost from Environmental Regulations," Daily Labor Report, No. 223, (November 18, 1992), p. A-11, discussing travelers "from Arizona and Nevada and far beyond." Many other references could be cited.
    • (1995) IBEW Journal , pp. 30
  • 33
    • 0038947295 scopus 로고
    • December
    • Union journals and other sources contain numerous references to the use of "travelers." See, e.g., IBEW Journal, August 1995, p. 33; September 1995, p. 34; October 1995, pp. 33, 34, 38, 41, and 44; November 1995, pp. 30, 34, and December 1995, pp. 36, 39. See also "California Unionized Construction Workers Get Big Boost from Environmental Regulations," Daily Labor Report, No. 223, (November 18, 1992), p. A-11, discussing travelers "from Arizona and Nevada and far beyond." Many other references could be cited.
    • (1995) IBEW Journal , pp. 36
  • 34
    • 0038947238 scopus 로고
    • California unionized construction workers get big boost from environmental regulations
    • November 18
    • Union journals and other sources contain numerous references to the use of "travelers." See, e.g., IBEW Journal, August 1995, p. 33; September 1995, p. 34; October 1995, pp. 33, 34, 38, 41, and 44; November 1995, pp. 30, 34, and December 1995, pp. 36, 39. See also "California Unionized Construction Workers Get Big Boost from Environmental Regulations," Daily Labor Report, No. 223, (November 18, 1992), p. A-11, discussing travelers "from Arizona and Nevada and far beyond." Many other references could be cited.
    • (1992) Daily Labor Report , vol.223
  • 35
    • 0040725217 scopus 로고
    • IBEW Special Projects Department, Journeymen Edition, June
    • Union Organization in the Construction Industry (IBEW Special Projects Department, Journeymen Edition, June 1990), p. 2. Bold in original.
    • (1990) Union Organization in the Construction Industry , pp. 2
  • 36
    • 0040725408 scopus 로고    scopus 로고
    • National Labor Relations Board v. Town & Country Electric, Inc., 116 S. Ct. 450 (1995)
    • National Labor Relations Board v. Town & Country Electric, Inc., 116 S. Ct. 450 (1995).
  • 37
    • 51249164285 scopus 로고
    • 'Salting' the contractors' labor force: Construction union organizing with NLRB assistance
    • Fall
    • Essentially, the inside game involves the use of various disruptive tactics and appeals to federal and state agencies as a means of reducing productivity and increasing costs of the employer. Examples of such actions are found in letters from Michael D. Lucas to IBEW President John Barry, which are reproduced in Herbert R. Northrup, "'Salting' the Contractors' Labor Force: Construction Union Organizing with NLRB Assistance," Journal of Labor Research 14 (Fall 1993): 469-92. For a general discussion of inside game antics, see Herbert R. Northrup, "Union Corporate Campaigns and Inside Games As a Strike Form," Employee Relations Law Journal 19 (Spring 1994): 507-49.
    • (1993) Journal of Labor Research , vol.14 , pp. 469-492
    • Northrup, H.R.1
  • 38
    • 0039539866 scopus 로고
    • Union corporate campaigns and inside games as a strike form
    • Spring
    • Essentially, the inside game involves the use of various disruptive tactics and appeals to federal and state agencies as a means of reducing productivity and increasing costs of the employer. Examples of such actions are found in letters from Michael D. Lucas to IBEW President John Barry, which are reproduced in Herbert R. Northrup, "'Salting' the Contractors' Labor Force: Construction Union Organizing with NLRB Assistance," Journal of Labor Research 14 (Fall 1993): 469-92. For a general discussion of inside game antics, see Herbert R. Northrup, "Union Corporate Campaigns and Inside Games As a Strike Form," Employee Relations Law Journal 19 (Spring 1994): 507-49.
    • (1994) Employee Relations Law Journal , vol.19 , pp. 507-549
    • Northrup, H.R.1
  • 39
    • 0039539880 scopus 로고    scopus 로고
    • Reading the local reports in the IBEW News, one finds, especially since the Supreme Court decision, but also earlier, many more reports of winning NLRB cases or direct salting disruptions than one finds about actually successful organizing. See also the statements of contractor representatives in Hearings before the Subcommittee on Oversight and Investigations of the Committee on Economic and Educational Opportunities. House of Representatives, 104th Cong., 1st. sess., Serial No. 104-105, Oct. 31, 1995, and the statements of union representatives and adherents denying that they occur. The Internet carried the following statement from "Ronney Lee" May 5, 1996, "re: future labor organizing" Kate My name is Ronney Lee Meadows and I am a member of the International Brotherhood of Electrical Workers (I.B.E.W.). The labor movement has started and made a pledge to it's [sic] self and it's [sic] members to re-establish is [sic] position in American history. We are now in active campaigns of organizing the unorganized. In my area and field we have decide [sic] to either organize the non-union and bring them in to the field or run them out of town or out of business. We have decided to re-establish the unions are still need [sic] to maintain better styles for all working people. I live in Los Angeles, California and it is of my personal opinion that LA will be 60% union organized in the next 5 to 6 years.
    • IBEW News
  • 40
    • 0040725338 scopus 로고
    • House of Representatives, 104th Cong., 1st. sess., Serial No. 104-105, Oct. 31
    • Reading the local reports in the IBEW News, one finds, especially since the Supreme Court decision, but also earlier, many more reports of winning NLRB cases or direct salting disruptions than one finds about actually successful organizing. See also the statements of contractor representatives in Hearings before the Subcommittee on Oversight and Investigations of the Committee on Economic and Educational Opportunities. House of Representatives, 104th Cong., 1st. sess., Serial No. 104-105, Oct. 31, 1995, and the statements of union representatives and adherents denying that they occur. The Internet carried the following statement from "Ronney Lee" May 5, 1996, "re: future labor organizing" Kate My name is Ronney Lee Meadows and I am a member of the International Brotherhood of Electrical Workers (I.B.E.W.). The labor movement has started and made a pledge to it's [sic] self and it's [sic] members to re-establish is [sic] position in American history. We are now in active campaigns of organizing the unorganized. In my area and field we have decide [sic] to either organize the non-union and bring them in to the field or run them out of town or out of business. We have decided to re-establish the unions are still need [sic] to maintain better styles for all working people. I live in Los Angeles, California and it is of my personal opinion that LA will be 60% union organized in the next 5 to 6 years.
    • (1995) Hearings before the Subcommittee on Oversight and Investigations of the Committee on Economic and Educational Opportunities
  • 41
    • 0039539873 scopus 로고    scopus 로고
    • Salting costs add up
    • March 25
    • William G. Krizan, "Salting Costs Add Up," Engineering News-Record, March 25, 1996, p. 37.
    • (1996) Engineering News-record , pp. 37
    • Krizan, W.G.1
  • 42
    • 0040131451 scopus 로고
    • 319 NLRB No. 127
    • Blaylock Electric, 319 NLRB No. 127 (1995).
    • (1995) Blaylock Electric
  • 43
    • 0039539881 scopus 로고    scopus 로고
    • Krizan, note 25 above
    • Krizan, note 25 above.
  • 44
    • 84933054182 scopus 로고
    • Subsidizing contractors to gain employment: Construction union 'job targeting,'
    • For a thorough analysis of job targeting, see Herbert R. Northrup and Augustus T. White, "Subsidizing Contractors to Gain Employment: Construction Union 'Job Targeting,'" Berkeley [University of California] Journal of Employment and Labor Law 17 (No. 1, 1966): 62-90.
    • (1966) Berkeley [University of California] Journal of Employment and Labor Law , vol.17 , Issue.1 , pp. 62-90
    • Northrup, H.R.1    White, A.T.2
  • 45
    • 0040725339 scopus 로고    scopus 로고
    • The Republican years taught us strategies for securing jobs
    • June
    • Working with the MCAA, this union, through its secretary-treasurer, termed job targeting one of their "workable plans and programs . . . [pursuant to which] contractors will bid lower wage rates on certain projects to remain competitive and then the union as a whole will make up the difference in rates to the workers on those projects. Such efforts have been quite successful and are cost-effective when it is considered that they help us keep jobs that otherwise our fair union contractors might have lost to non-union contractors." (Marion A. Lee, "The Republican Years Taught Us Strategies for Securing Jobs," UA Journal, June 1996, p. 4.) See also, Richard Schneirov, Pride and Solidarity (Ithaca, N.Y: ILR Press, 1993), p. 137, in which it is noted that the Plumbers and Pipefitters local in Columbus, Ohio, was taught job targeting by the local IBEW union, and "has been moderately successful."
    • (1996) UA Journal , pp. 4
    • Lee, M.A.1
  • 46
    • 33845520431 scopus 로고
    • Ithaca, N.Y: ILR Press
    • Working with the MCAA, this union, through its secretary-treasurer, termed job targeting one of their "workable plans and programs . . . [pursuant to which] contractors will bid lower wage rates on certain projects to remain competitive and then the union as a whole will make up the difference in rates to the workers on those projects. Such efforts have been quite successful and are cost-effective when it is considered that they help us keep jobs that otherwise our fair union contractors might have lost to non-union contractors." (Marion A. Lee, "The Republican Years Taught Us Strategies for Securing Jobs," UA Journal, June 1996, p. 4.) See also, Richard Schneirov, Pride and Solidarity (Ithaca, N.Y: ILR Press, 1993), p. 137, in which it is noted that the Plumbers and Pipefitters local in Columbus, Ohio, was taught job targeting by the local IBEW union, and "has been moderately successful."
    • (1993) Pride and Solidarity , pp. 137
    • Schneirov, R.1
  • 47
    • 0040131395 scopus 로고    scopus 로고
    • issued in June reported Figure 9
    • SMACNA's 1995 Annual Labor Report, issued in June 1996, reported (Figure 9, p. 13) that 53.8 percent of its chapters taking part in its survey had job targeting available as one of the "Market Recovery Vehicles."
    • (1996) 1995 Annual Labor Report , pp. 13
  • 48
    • 0040725345 scopus 로고
    • See, e.g., the resolution introduced by and the speech of IBEW President J.J. Barry before the 1991 IBEW union convention in Proceedings of the 34th International Convention (1991), pp. 104-105, 123, 127-28. Mr. Barry also sent to all IBEW local unions a video encouraging the use of all organizing tools, including job targeting.
    • (1991) Proceedings of the 34th International Convention , pp. 104-105
  • 50
    • 0040725337 scopus 로고
    • IBEW drops targeting and boosts organizing
    • July 17
    • "IBEW Drops Targeting and Boosts Organizing," Engineering News-Record, July 17, 1995, p. 15.
    • (1995) Engineering News-record , pp. 15
  • 51
    • 0040131449 scopus 로고
    • Target program approved
    • August
    • See, "Target Program Approved," IBEW Journal, August 1995, p. 34, reporting on Local 508, Savannah, Ga.; and "Job Targeting Success," idem., Sept. 1995, p. 34, reporting on Local 141, Wheeling, W.Va.
    • (1995) IBEW Journal , pp. 34
  • 52
    • 0039539879 scopus 로고
    • Job targeting success
    • Sept.
    • See, "Target Program Approved," IBEW Journal, August 1995, p. 34, reporting on Local 508, Savannah, Ga.; and "Job Targeting Success," idem., Sept. 1995, p. 34, reporting on Local 141, Wheeling, W.Va.
    • (1995) IBEW Journal , pp. 34
  • 53
    • 0040131380 scopus 로고    scopus 로고
    • Building & Construction Trades Department v. Reich, 815 F. Supp. 484 (D.D.C. 1993); affirmed, 40 F.3d 1275 (D.C. Cir. 1994); and International Brotherhood of Electrical Workers, Local 357 v. Brock, 68 F.3d 1194 (9th Cir. 1995). Although the latter case was decided after IBEW President Barry issued his policy on job targeting, it was in the courts much earlier
    • Building & Construction Trades Department v. Reich, 815 F. Supp. 484 (D.D.C. 1993); affirmed, 40 F.3d 1275 (D.C. Cir. 1994); and International Brotherhood of Electrical Workers, Local 357 v. Brock, 68 F.3d 1194 (9th Cir. 1995). Although the latter case was decided after IBEW President Barry issued his policy on job targeting, it was in the courts much earlier.
  • 54
    • 0040725404 scopus 로고    scopus 로고
    • 18 USCA ¶873 (West 1976)
    • 18 USCA ¶873 (West 1976).
  • 55
    • 0039539945 scopus 로고    scopus 로고
    • note 28 above
    • For details and citations relating to these rulings, see Northrup and White, note 28 above, pp. 80-84.
    • Northrup1    White2
  • 56
    • 0038947294 scopus 로고    scopus 로고
    • Ibid.
    • Ibid., pp. 84-87; and Phoenix Electric v. National Electrical Contractors Association, 861 F. Supp. 1498 (D. Or. 1994); affirmed, _ F.3d _ ; 42 Construction Labor Report (BNA) 211 (9th Cir. April 15, 1996).
  • 57
    • 0039539877 scopus 로고    scopus 로고
    • Phoenix Electric v. National Electrical Contractors Association, 861 F. Supp. 1498 (D. Or. 1994); affirmed, _ F.3d _ ; 42 Construction Labor Report (BNA) 211 (9th Cir. April 15, 1996)
    • Ibid., pp. 84-87; and Phoenix Electric v. National Electrical Contractors Association, 861 F. Supp. 1498 (D. Or. 1994); affirmed, _ F.3d _ ; 42 Construction Labor Report (BNA) 211 (9th Cir. April 15, 1996).
  • 58
    • 0038947290 scopus 로고    scopus 로고
    • note 28 above
    • See Northrup and White, note 28 above, pp. 87-90, for an analysis of the potential of this approach.
    • Northrup1    White2
  • 59
    • 84937282369 scopus 로고
    • Construction union use of environmental regulation to win jobs: Cases, impact, and legal challenges
    • Fall
    • For an in-depth analysis of environmental scams and the questionable role that the EPA and some state agencies have played, together with an analysis of the litigation involved, see Herbert R. Northrup and Augustus T. White, "Construction Union Use of Environmental Regulation to Win Jobs: Cases, Impact, and Legal Challenges," Harvard Journal of Law and Public Policy 19 (Fall 1995): 55-119.
    • (1995) Harvard Journal of Law and Public Policy , vol.19 , pp. 55-119
    • Northrup, H.R.1    White, A.T.2
  • 60
    • 0038947288 scopus 로고    scopus 로고
    • Building & Construction Trades Council of the Metropolitan District v. Associated Builders & Contractors of Massachusetts/Rhode Island, Inc., et al., 507 U.S. 218, 113 S. Ct. 1190 (1993)
    • Building & Construction Trades Council of the Metropolitan District v. Associated Builders & Contractors of Massachusetts/Rhode Island, Inc., et al., 507 U.S. 218, 113 S. Ct. 1190 (1993).
  • 61
    • 0038947247 scopus 로고
    • The top 400 contractors
    • May 20
    • See "The Top 400 Contractors," Engineering News-Record, May 20, 1966. p. 48. The estimate for Fluor-Daniel's percentage of work that operates open shop is by the author.
    • (1966) Engineering News-record , pp. 48
  • 63
    • 0039539946 scopus 로고    scopus 로고
    • IBEW Local 223, Brockton, MA, May
    • Copy of legislation in author's possession. See also, IBEW Local 223, Brockton, MA, communication in the IBEW Journal, May 1996, p. 27, which states: Pres. Mike Nee, Asst. Bus. Mgr. Tony Porazzo, and PAC Chmn. Fred Toomey were instrumental in getting legislation passed by the state mandating that all work on the new Brockton Courthouse be done with union craftsmen. . . . Wouldn't it be great if the new Taunton Courthouse went the same way.
    • (1996) IBEW Journal , pp. 27
  • 64
    • 0040131390 scopus 로고    scopus 로고
    • Massachusetts attorney general affirms ordinance imposing labor requirements
    • June 18
    • "Massachusetts Attorney General Affirms Ordinance Imposing Labor Requirements," Daily Labor Report, No. 117 (June 18, 1996), pp. A-7, 8. A similar proposed law passed by the Boston City Council was vetoed by the mayor on grounds that it could not stand court scrutiny. Such legislation may be preempted both by the NLRA and the ERISA.
    • (1996) Daily Labor Report , vol.117
  • 65
    • 0040131390 scopus 로고    scopus 로고
    • Massachusetts attorney general affirms ordinance imposing labor requirements
    • June 18
    • Ibid.
    • (1996) Daily Labor Report , vol.117
  • 66
    • 0040131385 scopus 로고
    • AFL-CIO membership drops significantly to early 1970s levels
    • October 6
    • During the period 1991-1993, nearly all AFL-CIO unions, including construction unions, suffered membership losses according to the per capita tax paid to the AFL-CIO. AFL-CIO statistics on paid membership of affiliates, issued in October 1995, showed again that all construction unions suffered membership losses, 1993-95, with the IBEW, then the No. 1 salter and job targeter, declining by 31,000 members between 1993 and 1995. The IBEW has claimed that its construction sector actually gained 5,000 members in these four years, and that the losses occurred in telecommunications, manufacturing, and utilities. Even if correct, the gain in membership could be at least partially attributable to improved economic conditions in construction. Salting, job targeting, project agreements, and other initiatives have indeed won membership gains, but again the total is not large. See, "AFL-CIO Membership Drops Significantly to Early 1970s Levels," Construction Labor Report 39 (October 6, 1993), 826-27; "AFL-CIO Statistics on Paid Membership of Union Affiliates Prepared for Federation's 21st Constitutional Convention," Daily Labor Report, No. 197 (October 12, 1995), pp. E-4, 5; and "Union Rivals: A Clash of Styles," Engineering News-Record, March 18, 1966, pp. 10-11. In mid-1996, AFL-CIO President Sweeney announced that AFL-CIO unions were "still losing members as an absolute number and as a percentage of the work force." See "Sweeney Calls on State Federations to 'Roll Out the Big Guns' for Organizing," Daily Labor Report, No. 146 (July 30, 1996), p. A-8.
    • (1993) Construction Labor Report , vol.39 , pp. 826-827
  • 67
    • 4243410528 scopus 로고
    • AFL-CIO statistics on paid membership of union affiliates prepared for federation's 21st constitutional convention
    • October 12
    • During the period 1991-1993, nearly all AFL-CIO unions, including construction unions, suffered membership losses according to the per capita tax paid to the AFL-CIO. AFL-CIO statistics on paid membership of affiliates, issued in October 1995, showed again that all construction unions suffered membership losses, 1993-95, with the IBEW, then the No. 1 salter and job targeter, declining by 31,000 members between 1993 and 1995. The IBEW has claimed that its construction sector actually gained 5,000 members in these four years, and that the losses occurred in telecommunications, manufacturing, and utilities. Even if correct, the gain in membership could be at least partially attributable to improved economic conditions in construction. Salting, job targeting, project agreements, and other initiatives have indeed won membership gains, but again the total is not large. See, "AFL-CIO Membership Drops Significantly to Early 1970s Levels," Construction Labor Report 39 (October 6, 1993), 826-27; "AFL-CIO Statistics on Paid Membership of Union Affiliates Prepared for Federation's 21st Constitutional Convention," Daily Labor Report, No. 197 (October 12, 1995), pp. E-4, 5; and "Union Rivals: A Clash of Styles," Engineering News-Record, March 18, 1966, pp. 10-11. In mid-1996, AFL-CIO President Sweeney announced that AFL-CIO unions were "still losing members as an absolute number and as a percentage of the work force." See "Sweeney Calls on State Federations to 'Roll Out the Big Guns' for Organizing," Daily Labor Report, No. 146 (July 30, 1996), p. A-8.
    • (1995) Daily Labor Report , vol.197
  • 68
    • 0040131392 scopus 로고
    • Union rivals: A clash of styles
    • March 18
    • During the period 1991-1993, nearly all AFL-CIO unions, including construction unions, suffered membership losses according to the per capita tax paid to the AFL-CIO. AFL-CIO statistics on paid membership of affiliates, issued in October 1995, showed again that all construction unions suffered membership losses, 1993-95, with the IBEW, then the No. 1 salter and job targeter, declining by 31,000 members between 1993 and 1995. The IBEW has claimed that its construction sector actually gained 5,000 members in these four years, and that the losses occurred in telecommunications, manufacturing, and utilities. Even if correct, the gain in membership could be at least partially attributable to improved economic conditions in construction. Salting, job targeting, project agreements, and other initiatives have indeed won membership gains, but again the total is not large. See, "AFL-CIO Membership Drops Significantly to Early 1970s Levels," Construction Labor Report 39 (October 6, 1993), 826-27; "AFL-CIO Statistics on Paid Membership of Union Affiliates Prepared for Federation's 21st Constitutional Convention," Daily Labor Report, No. 197 (October 12, 1995), pp. E-4, 5; and "Union Rivals: A Clash of Styles," Engineering News-Record, March 18, 1966, pp. 10-11. In mid-1996, AFL-CIO President Sweeney announced that AFL-CIO unions were "still losing members as an absolute number and as a percentage of the work force." See "Sweeney Calls on State Federations to 'Roll Out the Big Guns' for Organizing," Daily Labor Report, No. 146 (July 30, 1996), p. A-8.
    • (1966) Engineering News-record , pp. 10-11
  • 69
    • 4243393424 scopus 로고    scopus 로고
    • Sweeney calls on state federations to 'roll out the big guns' for organizing
    • July 30
    • During the period 1991-1993, nearly all AFL-CIO unions, including construction unions, suffered membership losses according to the per capita tax paid to the AFL-CIO. AFL-CIO statistics on paid membership of affiliates, issued in October 1995, showed again that all construction unions suffered membership losses, 1993-95, with the IBEW, then the No. 1 salter and job targeter, declining by 31,000 members between 1993 and 1995. The IBEW has claimed that its construction sector actually gained 5,000 members in these four years, and that the losses occurred in telecommunications, manufacturing, and utilities. Even if correct, the gain in membership could be at least partially attributable to improved economic conditions in construction. Salting, job targeting, project agreements, and other initiatives have indeed won membership gains, but again the total is not large. See, "AFL-CIO Membership Drops Significantly to Early 1970s Levels," Construction Labor Report 39 (October 6, 1993), 826-27; "AFL-CIO Statistics on Paid Membership of Union Affiliates Prepared for Federation's 21st Constitutional Convention," Daily Labor Report, No. 197 (October 12, 1995), pp. E-4, 5; and "Union Rivals: A Clash of Styles," Engineering News-Record, March 18, 1966, pp. 10-11. In mid-1996, AFL-CIO President Sweeney announced that AFL-CIO unions were "still losing members as an absolute number and as a percentage of the work force." See "Sweeney Calls on State Federations to 'Roll Out the Big Guns' for Organizing," Daily Labor Report, No. 146 (July 30, 1996), p. A-8.
    • (1996) Daily Labor Report , vol.146


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