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About Northwest labor press. (Portland , Ore.) 1987-current | View Entire Issue (Feb. 1, 2008)
BOLI survey will evaluate HVAC testing, balancing work The Oregon Bureau of Labor and Industries (BOLI) will survey con- tractors who test, balance and adjust HVAC (heating,ventilation and air conditioning) control systems this spring to determine whether or not they should have their own wage clas- sification under state prevailing wage laws. Testing and balancing of HVAC controls follows the installation of the HVAC system. Installation is per- formed by Sheet Metal Workers. Oregon’s prevailing wage law re- quires employees on state-funded construction projects be paid wage rates comparable to wages paid for similar work in the area where the project is located. Thirty-one states have such laws, and of 16 states that BOLI contacted (including Washing- ton), all recognize testing, balancing and adjusting (TAB) work as covered under the Sheet Metal classification. Independent and nonunion TAB contractors in Oregon say that TAB work is an industry unto itself and that it should either be exempt from pre- vailing wage laws, or at least have its own wage rate classification separate from the Sheet Metal rate. Portland-based Sheet Metal Work- ers Local 16 disagrees. “TAB is a big part of our industry,” said Willy Myers, a business agent for Local 16. He said the union’s HVAC & Metals Institute offers TAB certifi- cation classes to its apprentices and journey-level workers and that all of its signatory HVAC contractors per- form TAB work. The issue over TAB wages sur- faced last summer when a nonunion crew working for Beaverton-based HEMORRHOIDS The Non-Surgical Treatment We specialize in the non-surgical treatment of hemorrhoids. For over 40 years people throughout the region have turned to the Sandy Blvd. Clinic for fast and effective relief. For more information, FREE consultation and/or a FREE informative booklet call: Write or call for a FREE information booklet and/or a FREE consultation. (503) 232-7609 THE SANDY BLVD. RECTAL CLINIC PORTLAND Steven G. Cranford, DC, ND FORMERLY THE BEAL-OLIVER CLINIC CHIROPRACTIC/NATUROPATHIC PHYSICIANS 2026 NE SANDY BLVD., PORTLAND, OR 97232 Insurance accepted/pre authorization required. Accurate Balancing Agency Inc. at the Madras State Prison filed a wage claim with BOLI citing prevailing wage law requirements. A BOLI in- vestigator was sent to the worksite in Central Oregon, where he determined that workers should be paid at the pre- vailing wage rate for Sheet Metal Workers. BOLI said the employees were owed back-wages and penalties totaling nearly $100,000. Accurate Balancing Agency Inc. cried “foul,” claiming that a BOLI de- termination in 2003 stated that TAB work was exempt from prevailing wage laws. That, in turn, set off a firestorm among open shop contrac- tors, who threatened to sue the agency. Some of those contractors called state and federal lawmakers to complain. Labor Commissioner Dan Gardner told the NW Labor Press that wage rates for TAB workers on public- works projects have never been chal- lenged before. Gardner said work is not subject to prevailing wage laws if, “20 percent or less is physical in nature.” He said that when Accurate Balancing sought a wage clarification in 2003, the owner characterized the work as not physical. “Based on the 2003 characteriza- tion of the work provided by Accurate Balancing, our agency provided an appropriate response, (that it was ex- empt)” Gardner said. However, when the BOLI investi- gator was called in, he witnessed work Swanson, Thomas &Coon ATTORNEYS AT LAW Since 1981 James Coon Jacqueline Jacobson Ray Thomas Kimberly Tucker Margaret Weddell Cynthia F. Newton Tip of the Week: If you become disabled and are covered that was physical in nature more than 20 percent of the time. Gardner said BOLI can make companies pay up to six years in back wages if workers are improperly clas- sified. With a complaint on file, Gardner decided to appoint a subcommittee of the Prevailing Wage Rate Advisory Committee to look at the matter. The Advisory Committee is part of BOLI, established in 1995 by the Oregon Legislature to assist the labor commis- sioner in administering prevailing wage laws. The subcommittee con- sisted of an equal number of union and open shop HVAC and TAB con- tractors, union and open shop reps, and industry lobbyists. Gardner said, the subcommittee agreed to compile a survey of the TAB industry. A new committee is now meeting to craft the details of what that survey will look like. Gardner doesn’t expect the survey to be dis- tributed for at least 90 days. NOTE: The BOLI investigation at Madras prompted Sheet Metal Work- ers Local 16 to file a similar com- plaint in Washington State on behalf of employees working for Accurate Balancing Agency Inc. It seems that some of the employees at Madras had also worked on public works projects in Washington for basically the same wages they were getting in Oregon. An investigation by the Washing- ton Department of Labor and Indus- tries’ Employment Standards Section found the company paid workers be- tween $10 and $20 an hour for work that was supposed to be paid between $23.29 and $36.74 an hour. The com- pany was ordered to pay 11 workers $34,283 in back wages and benefits. Three Carpenters locals endorse John Kroger for attorney general Carpenters Union Locals 247 in Portland, 1065 in Salem and Exterior and In- terior Specialists Local 2154 (drywall hangers) have endorsed John Kroger for Oregon attorney general in the Democratic primary. Kroger, a Lewis & Clark Law School professor and a former federal prosecutor is seeking the post being vacated by Democrat Hardy Myers, who is retiring and will not seek a fourth term in office. “We need an aggressive attorney general that will defend the rights of workers and prosecute those that abuse our laws,” said Joe Baron, chairman of the Metrowide Endorsement Committee for the United Brotherhood of Carpenters and Joiners and a member of Carpenters Local 247. “We need someone that will take a proactive and visible role. John Kroger will be that kind of attorney general.” “These endorsements show that people want an attorney general who will fight for every single Oregonian,” Kroger said about the endorsements. “Every day in of- fice I’m going to stand up for workers when labor laws are being violated and I’m going to work closely with the business community to build a healthy and sustain- able economy.” Kroger also has backing from former Gov. John Kitzhaber, and City Commis- sioners Erik Sten, Dan Saltzman and Randy Leonard. His opponent in the Democratic primary is three-term state Rep. Greg Macpher- son of Lake Oswego. No Republicans have filed to run for the office. Q under a long-term disability policy, contact a lawyer as soon as you apply for benefits. Quest Investment Management, Inc. • Serving Multi-Employer Multi-Employer Serving Trusts for for Over Twenty Years Trusts Twenty Years } We represent people on all types of injury and disease related claims. n Workers’ Compensation n Construction Injuries n Personal Injury/Product Liability n Death Claims n Asbestos/Mesothelioma n Social Security Disability We provide straight answers at no cost on any of the above areas of law. 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