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Nonunion Contractors RallyAgainst Looming Labor Deal

Adopting a project labor agreement would mean more than setting standards for contractors vying for work to be paid for under San Diego city schools’ $2.1 billion bond measure, approved Nov. 4.

Opponents fear such an agreement would allow just a few contractors to compete for the projects, which could drive up costs.

Trustees for the San Diego Unified School District are pursuing a controversial PLA that would require that all workers, as well as general contractors and their subcontractors, meet strict qualification and workplace guidelines.

The guidelines have not been drafted by the district, which will work on the actual language over the next few weeks.

The funds would pay for upgrades to 180 schools in the 200-square-mile district.

Last month, the school district said it will seek bidders for 30 contracts starting next month, including repairs, ADA compliance upgrades, and new classrooms that will be built over several years.

Trustees say their goal is to ensure its reconstruction projects are completed on time and under budget. But opponents argue it would require all workers to be union members.

Bernie Rhinerson, chief district relations office for the school system, said the board would conduct a series of outreach meetings in the next few weeks to hammer out details of the document.


Groups Invited

He said trustees are inviting the Association of General Contractors, American Subcontractors Association, Building Industry Association, Black Contractors Association, San Diego Regional Chamber of Commerce, San Diego County Taxpayers Association, and numerous labor groups and other community interest parties to participate.

Tom Lemmon, head of the San Diego County Building & Construction Trades Council AFL-CIO, said he looks forward to working out an agreement that ensures qualified contractors win bids with the district. His union has 35,000 members with 21 affiliates.

Eric Stenman, president of San Diego-based construction firm Barnhart, said he does not know of another school district in Southern California with a PLA in place.

Barnhart has provided general contracting and construction management services for past projects in San Diego’s school district, including the $129 million construction of Lincoln High School in Southeast San Diego.

Barnhart is not a union contractor.

“It is not important what you call the agreement. What is important is what’s inside. What does it say? Is it exclusionary? Lots of times they are. Is it going to prevent nonunion contractors from competing on work they should able to compete on? Does it provide a monopoly to union contractors?” asked Stenman.

He said school districts need union contractors and nonunion contractors alike.

“Between the two they can keep the prices competitive,” said Stenman.

Although a final agreement would not be considered by the board until May, opposition is growing to an agreement.

Eric Christen, local executive for the Coalition for Fair Employment in Construction, said PLAs are political tools used by unions to an attempt to reverse declining membership.


85 Percent Nonunion

According to 2004 Bureau of Labor statistics, 85 percent of the nation’s construction work force is nonunion.

The agreement would make it all but impossible for nonunion firms to work on school projects unless they agree to become union, said Christen.

He anticipates this requirement would drive up costs 20 percent, meaning the district will have $400 million less to spend.

Christen estimates a $400 million reduction means 60 to 80 school projects of the 180 planned projects would be cancelled.

Lemmon disagreed, saying using union workers would not drive up costs.

“It is not the case and they don’t have the documentation to verify that,” he said. “We have documentation that proves a (PLA) actually helps get big projects done on time, on budget and by using the most qualified, trained work force out there.”

Despite the divide, both sides in the dispute are holding to their positions.

Nonunion Contractors and labor supporters picketed a recent trustees meeting to underscore their positions.

“We are placing the pressure in a constant manner to remind them we are not going away and we are not ready to sit back and let them unnecessarily discriminate against nonunion workers,” said Christen.

He said his group sent a mailer to 50,000 households last week. He’s also preparing radio ads and billboards.

Backers of the Building & Construction Trades Council, which wants to eliminate union-only language in the proposed project labor agreement, include Bergelectric, which has an office in Escondido, San Diego-based Helix Electric, and the Western Electrical Contractors Association. The latter is a statewide nonprofit organization serving merit shop electrical contractors, which are nonunion.


Editor’s note: The story originally published here erred in stating the union affiliation of two companies and one group. This version has been corrected. The Business Journal regrets the error.

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