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About Northwest labor press. (Portland , Ore.) 1987-current | View Entire Issue (April 5, 2013)
How sick leave affects the building trades By DON McINTOSH Associate Editor Low-wage service sector workers are the surest beneficiaries of the new Portland ordinance mandating sick leave. But the ordinance is creating a lit- tle bit of heartburn among some build- ing trades union leaders, who wonder how the policy will apply to the high- wage union construction sector. The ordinance says employers with at least six employees must offer paid sick time to employees who work at least 240 hours in a year (the equivalent of six 40-hour weeks). Employees ac- crue an hour of sick pay for every 30 hours worked, and may use up to 40 hours a year — though not during the first 90 calendar days of employment. But construction workers often work for multiple employers in a year, on projects that may last a few weeks or months. Will each of those employers have to keep track of sick pay — if a worker stays more than 240 hours on a construction site within Portland city limits? Sick leave ordinances in San Fran- cisco and Seattle allow union workers to waive their right to paid sick time in a collective bargaining agreement. Port- land City Council opted not to do that, in part out of concern that unions in some cases might have difficulty hold- ing on to sick pay. In the janitorial and grocery industries, for example, union locals could find themselves facing tremendous pressure to waive the right to sick pay from giant national firms that operate with slim profit margins and cutthroat nonunion competition. “People in collective bargaining agreements need to be able to take time off when they’re sick just as much as people who are not,” said City Com- missioner Amanda Fritz, who led pas- sage of the ordinance. “Why would we have a benefit that disadvantages union members?” 7LUHG RI 3$,1" 0RVW,QVXUDQFH 3ODQV$FFHSWHG 3 528'/< 6 (59,1* 3 257/$1' : 25.(56 ) 25 2 9(5 < ($56 APRIL 5, 2013 who is also president of the Columbia- Pacific Building and Construction Trades Council. “We’re very transitory. If someone is sick for a length of time, the employer is going to want to get somebody else in to do the job. That is our world. It’s not like an office setting.” Some fears, at least, appear not to be born out by a close reading of the ordi- nance. For example, the idea that some- one working for four employers in a year could get four weeks of sick pay: That would be nearly impossible at the 1-to-30 accrual rate, especially given that workers aren’t entitled to take any sick pay during the first 90 days they’re employed, under the ordinance. Others said employers might seek to evade the sick pay requirement by lay- ing workers off before they reach the 240 hour or 90-day thresholds, and ask- ing the union to dispatch replacements. Of course, to change out good workers might seem like a lot of trouble to achieve savings that by design could never add more than one thirtieth (3.3 percent) to payroll costs. But Russ Garnett, business manager at Roofers Local 49, said even small shifts can eliminate profit margins, in a high-cost business where contractors may rely on cost estimates to bid work a year or two in advance. “To secure work our contractors must compete on every level on every job with nonunion contractors,” Garnett said. Local union roofers make $28.03 an hour plus $9.65 an hour in benefits, enough that members can afford to eat a day’s wage loss if they’re sick and don’t go to work, Garnett said. Fritz said she’s sympathetic to at least one concern expressed by con- struction unions — the hassle of having to track which work is done in Portland for purposes of calculating sick pay. But the best solution for that, she argues, is to pass a statewide sick pay standard. “It’s important to look at the Port- land ordinance as the first step in a statewide effort,” said Oregon AFL- CIO Legislative Director Elana Guiney. The Oregon AFL-CIO is backing a bill in the Legislature to mandate sick leave statewide. John Mohlis, executive secretary- treasurer of the Oregon State Building and Construction Trades Council, said he’s working to find agreement on an amendment to that bill, to address the concerns of the building trades sector. “Sick pay and vacation just don’t work in the construction industry,” Mohlis said. “It’s too transient of an in- dustry.” “We have [wage] rates negotiated that are higher than they would be than if you just worked for one employer all the time. That higher wage makes up for the fact that we don’t have sick pay and we don’t have vacation pay.” Once the Legislature wraps up, the City attorney’s office will work out de- tails of how the City of Portland will implement its ordinance. That rule- making process could lessen the con- cerns of building trades unions, if the rules spell out a way for employers to certify that they already comply with the sick pay requirement. Under the or- dinance, employers that have sick leave or paid time off policies that are as good or better — and that can be used by workers for the same purposes — don’t have to come up with new policies: They would be considered to be com- plying with the ordinance. Many building trades unions have things like jointly-sponsored vacation funds, to which employers contribute a certain dollar amount per hour under the collective bargaining agreement. For example, contractors pay $1.20 an hour into a vacation account when they employ Sheet Metal Local 16 members, who install HVAC systems for an hourly wage of $36.23. If those funds can be used when the worker or a fam- ily member is sick or injured or for pre- ventive medical care, that could satisfy the City requirement and thus eliminate the need to keep special records or change the collective bargaining agree- ment. WANTED: ‘Tools of the Trade’ for labor history exhibit VANCOUVER — The Southwest Washington Central Labor Council is teaming up with the Clark County His- torical Museum and Washington State University-Vancouver, to develop a public exhibition on the history of the Southwest Washington labor move- ment. The exhibit is tentatively titled, “Tools of the Trade: A History of Labor %HHVRQ&KLURSUDFWLF :RUNLQJ LQ The first draft of Portland’s sick leave ordinance exempted employers that use a union hiring hall — as long as they have a clear paid time off policy that’s equal to or better than the one mandated in the ordinance and that can be used for sick days. But that was taken out from the final version. Com- missioners decided they wanted a “clean” ordinance, with few or no ex- ceptions and carve-outs. Though no union publicly opposed the ordinance, concerns came up in half a dozen conversations with local build- ing trades union leaders. Some didn’t like to see the City in- tervening in what would be a manda- tory subject of collective bargaining. “It’s almost like the City is negotiat- ing for us,” said Kevin Jensen, business manager of Iron Workers Local 29. Collective bargaining agreements are the result of a give-and-take negoti- ation, some said, and a new outside mandate could upset that balance, prompting employers to seek savings elsewhere. Others questioned whether members would use such a benefit, or said the idea of being paid for not working flies in the face of a prized union ethic: eight hours work for eight hours pay. “Our whole job is to work ourselves out of a job,” said Sheet Metal Workers Local 16 business agent Willy Myers, KHOSVEULQJWKH UHOLHI\RXQHHG 7UHDWPHQWIRUSDLQGXHWR RYHUXVHDQGUHSHWLWLYHPRWLRQ &KLURSUDFWLFDGMXVWPHQWV 7UHDWPHQWIRUDFFLGHQWDQG VSRUWVUHODWHGLQMXULHV 5HKDELOLWDWLRQH[HUFLVHV 7KHUDSHXWLFPDVVDJH ,QWHUQDOGLDJQRVLVDQGWUHDWPHQW /DEWHVWVDQG[UD\V 'U'DQ%HHVRQ&KLURSUDFWRU 6(7KLUWHHQWK$YHLQ6HOOZRRG &$// in Southwest Washington.” Plans are to open in July, prior to the convention of the Washington State Labor Council (WSLC), which is slated July 25-27 at the Vancouver Hilton & Convention Center. The exhibit will run for approxi- mately 18 months. The labor council is planning an open house at the museum during the week of the WSLC convention. The labor council says cash dona- tions and historical memorabilia are still needed. “We need financial contributions to help fund the exhibit and to comple- ment grant funding,” said Roben White of Painters Local 10. “We need histori- cal items, memorabilia from your lo- cals. These would be loaner items that would be cataloged and given back when the exhibit concludes.” IRS PROBLEMS? • Haven’t filed for ... years? • Lost records? • Liens - Levies - Garnishments? • Negotiate settlements. • Prepare offer in Compromise. Call Nancy D. Anderson Enrolled Agent/LTC-1807 NPTI Fellow/America’s Tax Expert www.nancydanderson.com 503-244-2577 NORTHWEST LABOR PRESS The labor council also is looking for photographs, tools, ledger books, dues books, scrapbooks, pins, banners, and other memorabilia, as well as recom- mendations of long-time members who can be interviewed about the history of their organizations and work in South- west Washington. Items are needed as soon as possible. “Although once a stronghold of the labor movement in Washington state, many Clark County residents today do not realize the significance of workers and their unions in building the com- munity and sustaining families for over a century,” said the museum’s executive director, Susan Tissot. “This exhibit project will help document that hidden history and showcase some of the arti- facts, oral histories, and other materials related to the labor movement and the development of the work force in Clark County.” If you have memorabilia or a mem- ber to refer for interview, contact Tissot at 360-993-5679 or email her at tis- sots@pacifier.com. Donations can be made to: Clark County Historical Museum Labor Exhibit Clark County Historical Museum, 1511 Main Street, Vancouver, Wash., 98660 Northwest Oregon Labor Council recognition dinner set for June 8 Mark your calendars for Saturday, June 8, when the Northwest Oregon Labor Council hosts the 16th annual Labor Appreciation and Recognition Night. This year’s dinner and awards ceremony, which serves as a fundraiser for La- bor’s Community Service Agency, will be held at Milwaukie Elks Lodge, 13121 SE McLoughlin Blvd. Dinner tickets are $20 per person. Raffle tickets also will be sold for $1 each or seven for $5. The labor council is accepting cash and prize donations for the raffle. Through May 3, the labor council also will be accepting nominations for per- sons to be recognized for their service to and with the labor community. Nomina- tions also are open for the Del Ricks Community Service Award, recognizing one individual for their exemplary service to labor and the community at-large. Nominations should be sent to: Northwest Oregon Labor Council, 3645 SE 32nd Avenue, Portland, Oregon, 97202-3019. For more information or to order tickets, call 503-235-9444. PAGE 5
