The LMC's perspective on the city of Kansas City, Mo., construction minority workforce ordinance now under consideration by the City Council:
Dear Mayor Barnes and Council Members,
The Labor-Management Council continues to be strongly supportive of the efforts ot the “Roundtable” group working on the minority workforce ordinance. It is particularly pleasing to see the consensus recommendations of that group and we urge the Council to include these recommendations as the core of the ordinance.
As you know, the LMC’s Construction Industry Committee has been working on the enhancement of minority and female workforce (as well as contractor) participation in the industry for several years. We recently commissioned the Kansas City, Missouri Workforce Availability and Utilization Study which is referenced in the ordinance.
The Construction Committee has spent many hours discussing these issues and how best to meet the needs of our city’s workforce (particularly minorities), the city’s economic development and public projects, and our member contractors and unions. Many of the ideas reiterated below have been mentioned favorably and discussed. Other ideas which have been proposed and are not among those listed below have been found ineffective or unworkable by those who actually must do the hard work to achieve our mutual goals.
A couple of months ago we asked that the Council slow down the process for approval of a workforce ordinance so that the interested and expert parties could have more time to develop an effective, lawful and proactive ordinance. We appreciate your support in allowing the process to develop such an ordinance draft, as outlined below, and urge you to use it as the basis for the ordinance that you will adopt.
The city’s minority workers deserve real opportunities. City taxpayers deserve quality, cost-effective and timely work on needed city construction. Contractors and unions deserve a quality, representative workforce. We believe that the Roundtable’s recommendations are the best way to achieve these outcomes.
On behalf of the LMC I thank you for your hard work and careful consideration of this vital issue and look forward to the passage and implementation of an effective, legal and efficient program.
Sincerely,
Bob Jacobi
Executive Director
1. A Residency Promotion Program shall be created by the City with collaboration from labor unions, contractor associations, and work force referral organizations that will provide first opportunity for employment to residents of Kansas City, Missouri (but will not set a specific percentage residency requirement that might cause retaliatory legislation by surrounding communities that would, in the end, be detrimental to all concerned);
2. Labor and Contracting associations shall commit to increase minority participation in the apprenticeship programs from 20% to 30% over the next five years and to provide both minority apprentices and journeypersons with mentoring and retention programs;
3. Company-wide (not project specific) construction employment goals for field staff shall be established on City construction contracts:
(a) A 20% incentive goal and 10% minimum goal for minorities;
(b) A 4% incentive goal and 2% minimum goal for women;
Both goals shall be based upon minorities and women who work “full-time” per certified payroll data (full time meaning sufficient annual hours to qualify for benefits and pension). The incentive goals shall be subject to the appropriate appropriation by the City Council and shall be paid only at the conclusion of the job following a definitive showing based upon certified payroll that the much more aggressive incentive goal was met or exceeded. All contractors would be expected to meet the 10% minimum goal. Failure to achieve the goal could result in monetary sanctions and/or suspension from working on City projects. A waiver will be available for those contractors who, despite a good faith effort, were unable to meet the minimum goal.
4. A Construction Workforce Board (much like the Fairness in Construction Board that has functioned with respect to the M/WBE Program so successfully for over a decade) will be established for the purpose of:
(a) Offering technical assistance and community input to the HRD Director;
(b) Providing oversight and public accountability for implementation of the Program;
(c) Hearing certain appeals of determinations and recommendations of the HRD Director; and
(d) Making certain recommendations to the City Council.
(e) This Board will consist of eleven (11) members, one of whom will be an independent chairperson appointed by the Mayor, and the other ten members shall be comprised of a representative of each of the following constituencies proposed by such group and appointed by the Mayor:
1. Labor organizations/unions;
2. School-sponsored training programs;
3. Workforce referral organizations;
4. Community organizations;
5. Faith-based organizations;
6. Heavy Constructors Association;
7. Builders Association;
8. MBE Contractors Coalition;
9. WBE Contractors Coalition; and
10. Subcontractor Associations .
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