Convention Actions to Guide Union through 2015

Journal: Issue 4 - 2010

total of 35 resolutions were submitted by Local/ADC officers and members and the IU Executive Board for consideration by the 2010 Convention. For several days prior to the Convention, each Convention Committee (see page 10, Issue 3, 2010 of the Journal for more on the committees) met to review, discuss and hear testimony from fellow delegates on the resolutions referred to it by the Executive Board. At the conclusion of those deliberations, each Committee prepared a report with its recommendations on its respective resolutions. On September 16th, the full Convention heard the Committees’ reports and recommendations and voted on each Resolution. The measures approved by the Convention will guide the Union’s programs and policies until the next Convention in 2015.

The following is a summary of each resolution and the actions taken.

Resolution 1 – Approved

Recognizes and celebrates the contributions of two IU Executive Board members who retired since the last IU Convention – President John J. Flynn and Executive Vice President Gerald O’Malley.

Resolution 2 – Approved

Salutes the service of IU officers and Field Staff who passed away in the last five years: Fourth IU Vice President Noble Cain; IU Regional Representative and Craft Director for Cement Masons William Leslie; IU Regional Organizer Donald Cain; and IU Regional Representative and IU Organizer Richard Howard.

Resolution 3 – Approved

Calls on all Locals, ADCs and members to increase efforts to assist in furthering BAC’s jurisdiction over new/emerging products and building systems in all BAC crafts and outlines four main ways to achieve this goal: training BAC members to work with new products; encouraging BAC signatory contractors to bid and perform such work with BAC members; documenting projects and the assignment of all work operations associated with nonconventional building products to better assert BAC jurisdiction over such work; and working with industry stakeholders to ensure that BAC contractors are able to bid and perform such projects.

Resolution 4 – Approved

Given the increasingly important role of political donations in obtaining a voice in today’s political system, this resolution recognizes BACPAC as the political voice of BAC members and strongly urges any Local/ADC that is not contributing to BACPAC on a cents-per-hour basis to begin doing so. It encourages Locals/ADCs already contributing to BACPAC on a cents-per-hour basis to increase contributions to $0.05 per hour. The resolution also calls on all full-time BAC officers and representatives to make voluntary check-off contributions to BACPAC.

Resolution 5 – Approved

Addresses the problems caused by the multiplicity of revenue remittance systems currently in use to collect revenue from signatory contractors. To address these issues, the resolution urges all Locals and ADCs to begin using the BACRemit system, a standardized electronic reporting system that the IU has developed over the past year, as soon as possible, but no later than December 31, 2012.

Resolution 6 – Approved

Reaffirms BAC’s commitment to utilize the latest technology whenever possible to enhance organizational effectiveness, control costs, facilitate communication and improve record keeping, including BACWorks, the Electronic Reciprocity Transfer System (ERTS), the Training Management System (TMS), and the BAC Web Portal, and encourages Locals, ADCs and JATCs to take advantage of these resources. The resolution also restates the IU’s commitment to collecting/maintaining accurate member email addresses.

Resolution 7 – Approved

Discusses the importance of state/provincial and local lobbying efforts and effectiveness of those efforts in increasing work opportunities for BAC members. The resolution strongly encourages the active involvement of Locals and ADCs in state/provincial and local lobbying programs and further resolves that each U.S. BAC affiliate should sponsor or participate in a political action committee capable of making state/local contributions, and that those Locals sharing jurisdiction in the same state join together and sponsor a single, statewide political action committee.

Resolution 8 – Approved

Recommends that all affiliates take steps to ensure that each of their collective bargaining agreements mandates a ratio of between one apprentice to three journeyworkers and one apprentice to five journeyworkers on any covered jobsite.

Resolution 9 – Approved

Reiterates long-term goal for funding of IMI by affiliates at 3% of the average weighted gross wage package. Requires that any Local or ADC that has not reached an IMI contribution of at least 1% of the average weighted gross wage package by September 2013 through the collective bargaining process make up the difference from other appropriate related funds or its general treasury by the deadline. It also affirms the IU Executive Board’s authority to interpret and implement this requirement.

Resolution 10 – Approved

Expresses support for the educational programs available through BAC University at Washtenaw Community College and the National Labor College and calls on the International and on all Locals and ADCs to actively promote these programs to members.

Resolution 11 – Approved

Reaffirms BAC’s commitment to the Davis-Bacon Act and the state level “Little Davis-Bacon” Acts and the allocation of resources to defend and preserve it. It further requires all Locals and ADCs to send regularly updated wage and benefit rates to the IU’s Collective Bargaining Department; to file necessary documentation with their states to ensure that BAC wages are reflected in state prevailing wage rates; and to be familiar with requirements for participation in the Department of Labor’s wage determination studies. Additionally, it encourages all Locals and ADCs to push for investment in school construction and rehabilitation at the federal and state levels and support ‘green building’ technologies installed by BAC-IMI trained craftworkers.

Resolution 12 – Approved

Emphasizes collective bargaining as a primary function of BAC, and strongly urges all BAC affiliates to address the following key priorities in their collective bargaining agreement(s): support of BACPAC; conversion of 8(f) agreements to 9(a) agreements; incorporation of broader craft jurisdiction language; as well as use of IU model substance abuse language and model Traveling Contractors clause, and appropriate and effective steward language.

Resolution 13 – Approved

Reaffirms BAC’s commitment to maintaining the right of journey-level members to work throughout North America and encourages all Locals and ADCs to allow traveling members to transfer into Locals freely and unconditionally and to eliminate overly restrictive manpower ratios as well as policies preventing members from working at more than one craft. It also reaffirms the letter and spirit of benefits reciprocity and encourages the Executive Board to amend Code 4 “Rules Governing Travel and Transfer” as needed to clarify and reinforce these rights of traveling members.

Resolution 14 – Approved

Offers strong support for efforts to strengthen Social Security and bolster its long-term stability and voices equally strong opposition to any proposals that would privatize the system or reduce Social Security benefits.

Resolution 15 – Approved

Pledges support for comprehensive immigration reform at the federal level including reforms to the H-1B and H-2B visa programs that would limit the ability of employers to import temporary workers to perform construction work. Also backs measures to encourage employers to seek temporary labor from Canada before any other nation, and extend all existing labor and employment laws to all immigrants, regardless of status. Calls on Locals/ADCs to partner with local immigrant rights organizations to help current and potential immigrant members understand their rights.

Resolution 16 – Approved

Reinforces that BAC affiliates are united in their stance against misclassification of employees as independent contractors, that the IU and its affiliates will continue to educate the public and lawmakers about the misclassification crisis, and that BAC will support legislation barring misclassification in the U.S. and in Canada.

Resolution 17 – Subsumed within Resolution 15

Resolution 18 – Not Considered/Procedurally Improper

Proposed amendment to Code 7 of the IU Constitution, Rules of Order and Codes was not considered because it was not submitted in writing to the Executive Board ninety days or more prior to the Convention, as required for any proposed Code change by Article XVI, Section E(4) of the IU Constitution.

Resolution 19 – Approved

Amends the IU Constitution so that the IU Canadian Congress Co-Chair is explicitly listed as a member of the Executive Council in Article XVII, Section A and as a member of the Board of Trials and Appeals in Article XVII, Section F. Also amends Article XVIII, Section B to require annual rather than semi-annual meetings of the Canadian Congress.

Resolution 20 – Not Considered/Procedurally Improper

Proposed amendment to Code 2 of the IU Constitution was not considered because it was not submitted in writing to the Executive Board ninety days or more prior to the Convention, as required for any proposed Code change by Article XVI, Section E(4) of the IU Constitution.

Resolution 21 – Approved

Amends Article VIII, Section E of the IU Constitution to clarify that each Local /ADC must submit its annual audit to the IU each year along with, in the case of each U.S. Local/ADC, a copy of its LM form.

Resolution 22 – Approved

Calls for a one-dollar increase in monthly IU base dues – from $7 to $8 per member – effective January 1, 2013, with an additional one-dollar increase – from $8 to $9 per member – effective January 1, 2014.

Resolution 23 – Approved, as Amended

Recognizes the value of our support craft members to BAC, and encourages our affiliates to work with the International Union to protect our jurisdiction over all of our work. It also encourages affiliates to promote our Union and the trowel trades industry, and to work to ensure that out rates prevail for all of our work.

Resolution 24 – Approved

Reaffirms BAC’s commitment to welcoming into our Union all those interested in a career in the masonry and trowel trades, regardless of race, gender, or national origin. The resolution further pledges that the IU will continue to work with groups and organizations committed to similar goals and encourages all BAC affiliates to do the same.

Resolution 25 – Approved

Reaffirms BAC’s commitment to three major goals: BAC’s continued existence as a strong, independent Union; the establishment of a single trowel trades union; and the vigorous defense of BAC’s work jurisdiction in all crafts at all levels.

Resolution 26 – Approved, as Amended

Calls on all BAC Locals/ADCs to commit to fully organize their respective masonry markets, to create an organizing plan and actively pursue the goals it sets forth, and to designate and educate an individual to carry forward the Local’s or ADC’s organizing initiatives. (The Convention approved the resolution with an amendment to correct a typographical error.)

Resolution 27 – Approved

Supports efforts to preserve and strengthen defined-benefit pension plans. The resolution endorses prudently-targeted investments of International and local pension fund assets in investment vehicles that offer competitive rates of return and that also strengthen the organized construction industry. Further, Locals/ADCs are urged to consider participating in supplemental retirement savings programs and to educate members about retirement issues.

Resolution 28 – Approved

Calls on all Locals/ADCs to encourage the last few local pension and health and welfare fund trustees whose funds have not yet signed the International Reciprocal Agreements, which provide uniform rules for reciprocity and require participation in the Electronic Reciprocity Transfer System (ERTS), to do so. Locals and ADCs with authority to appoint trustees to at least one BAC-affiliated pension or health and welfare fund that have not adopted the ERTS service provider agreement by December 31st will be assessed $3,000 for each such fund that does not participate, up to a total assessment of $9,000 per year, to be paid by March 30th of the following year.

Resolution 29 – Approved

Expresses support for the early implementation of provisions of the recently-passed Patient Protection and Affordable Care Act (PPACA) that will benefit BAC’s members and affiliated health and welfare funds, and signatory contractors, and encourages the IU to remain involved in the implementation of PPACA and in efforts to press for further health care reform.

Resolution 30 – Approved

Reaffirms IU support for the work of the International Health Fund, the Prescription Drug Coalition and the Health Care Purchasing Coalition and encourages all BAC affiliates to encourage their health and welfare trustees to consider the benefits of those programs as a means to significantly reduce administrative costs, strengthen bargaining leverage, and improve health coverage for our members.

Resolution 31 – Rejected

Calls upon the IU to dissolve the International Union of Bricklayers & Allied Craftworkers Local Union Officers and Employees Pension Fund (LOEPF) and disburse the remaining assets to the Fund’s participants in accordance with ERISA. The Committee found that the resolution’s implementation would have undue and devastating consequences on the Fund’s participants, and recommended non-concurrence. Following debate during the General Session, the Convention ultimately adopted the Committee’s recommendation to reject the resolution.

Resolution 32 – Approved

Reaffirms IU support for the BAC Member Services Program and encourages all Locals and ADCs to fully inform members of the benefits and cost-saving features of the services and products available to them through the Program.

Resolution 33 – Approved

Pledges continued support for the BAC Member Assistance Program (MAP) and encourages all steps necessary to keep BAC officers, members and potential members aware of the services offered through this Program.

Resolution 34 – Approved

Calls upon the U.S. and Canadian governments to enforce worker safety laws and to prohibit dangerous practices. The resolution further encourages the U.S. Congress to strengthen OSHA’s enforcement power by passing the Mine Safety and Health Act of 2010.

Resolution 35 – Approved

Reaffirms BAC’s continued resolve to press for enforcement of worker safety laws on the job and urges all Locals/ADCs to ensure that their apprentice and training programs work with IMI to have their trainer(s) certified to perform OSHA 10 and 30 and Mine Safety and Health Administration training.

BAC Convention