The Labor-Management Council of Greater Kansas City

The LMC will host its annual Public Officials Reception 5:30-7 p.m. Thursday, Oct. 11 at the Kauffman Center for the Performing Arts. Contact Bob Jacobi for sponsorship information and/or to rsvp.

The LMC sends condolences to former board member Vickie Heider on the death of her husband Joel Heider. Visitation is Friday Aug. 30, 5-6:30 p.m. at Community Covenant Church, 15700 W 87th Street, Lenexa, followed by prayer service. Contributions are suggested to Vitas Hospice or the Razorback Foundation at the University of Arkansas.

The LMC's Construction Industry Committee next meets at 8 a.m. Thursday, Sept. 13 at Mark One Electric Co., Inc., 909 Troost.

RESPECT!
The passing of the great singer Aretha Franklin yesterday reminded many of one of her greatest hits. The song is also a great lesson for labor-management relationships--progress is most possible when both sides have respect for the other. We can remember the Queen of Soul for both her incredible music and her most important lesson.

Construction Committee Hears From Steve Miller, Celebrates Prop A Win

Construction Industry Steering Team Summary of Minutes

 8 a.m., Thursday,  Aug. 9, 2018, Mark One Electric Co., Inc.

Attending:  Jim Albano, Sam Alpert, Greg Davey, Brian Dietz, Jerry Helmick, Kevin King,  

Dave Kirkpatrick, Greg Lever, Alise Martiny, Steve Miller, Jeff Stiffler, Colleen White, Bob Jacobi.

 

•Thanks to Rosana Privitera Biondo and Mark One Electric Co., Inc. for hosting.

•Steve Miller, Miler Schugert construction attorney/past MODOT Chair and candidate for KCMO Mayor, shared his vision for the construction industry and for the city.  He emphasized workforce development, support for prevailing wage and rebuilding infrastructure.  City and industry leadership must do it right, he said, to build citizen trust.   His background is bringing parties together to find solutions, and said the role of the mayor is to connect all parts of the city and the community to address issues.  He recalled his role in helping generate an agreement on workforce goals among contractors, labor, management and the minority community on the Sprint Center project leading to the KCMO workforce ordinance.  Miller also noted his work helping lead MODOT to use resources more effectively and engage all parts of the state.  He congratulated those in the room for the overwhelming defeat of Proposition A (“right-to-work”).

•The 2-1 defeat of Proposition A does not mean there won’t be future attempts to revive the issue in the legislature, as long as there are funds to promote it.  Nevertheless the result showed what a clear message, unified approach and thousands of volunteers can do.

•The Missouri Dept. of Labor issued proposed regulatory changes for prevailing wage, though the proposal does not account for the law changing prevailing wage.  The action seems premature until the Department also writes regulations to reflect the new bill.  There is a 30-day comment on the changes.  Committee members will discuss providing unified comments.

•The new prevailing wage law will complicate enforcement and bidding on covered projects at least until regulations are issued.

•The proposed new MBE/WBE ordinance in KCMO has been sent back to council committee for further work.  A final version and council vote are not expected for some time.

•KCMO voters passed Question 1, establishing a rental property inspection program.  The LMC had opposed specifics of the program.  It it hoped the City Council can address some of the flaws as the problem does need addressing.  Sam Alpert thanked the LMC for opposing the ballot issue.

*If the tariff war continues, the LMC will examine the impact.  So far prices are rising and jobs are being lost due to the dueling tariffs being imposed.

•NICE’s annual awards luncheon will a leader of the American Road and Transportation Builders Association to discuss the economic impact of horizontal construction and the potential impact of Missouri’s proposed gas tax increase on the November ballot.  NICE is also expanding the number of Senior Day visits to apprenticeship centers, adding OSHA 10 training for students and seeks apprenticeship program involvement in career days for KCPS (Sept. 7) and KCKPS later.

•Jim Albano, Federal Mediation and Conciliation Service, reported on the recent retirement of Peggy McNeive, longtime Commissioner and before that a construction industry labor attorney.  She is now doing arbitration and related work.  FMCS is accepting applications for her replacement.  FMCS also has a new leader, Rich Giacolone.  He also noted the FMCS National Labor-Management Conference Aug. 21-23 in Chicago and encouraged attendance.

•Upcoming events include:

*FMCS National Conference, Aug. 21-23, 2018, Chicago

*Fire Fighters Local 42 Charity Golf Tournament, Sept. 10, 9 a.m., Staley Farms

*Builders’ Industry Expo, Sept. 19, Bartle Hall

*LMC Mid-Level Leadership Program first session, Sept. 19, 4 p.m., Rockhurst University

*Working Families Friend BBQ Cook-Off, Sept. 29, 1-4 p.m., Pipefitters Local 533

*KC CREW Golf Tournament, Oct. 4, Creekmoor Golf Course

*LMC Public Officials Reception, Oct. 11, 5:30 p.m., Kauffman Center for the Performing Arts

*LMC Board of Directors meeting, Oct. 18, 8:30 a.m., Rockhurst University

*NICE Awards Luncheon, Oct. 30, Muehlbach 

*General Elections Nov. 6

*Ibuild 2019 April 18

*LMC 40th Anniversary & 20th Awards Dinner, April 18, 2019

  For details on the above events, please contact the sponsoring group or the LMC

•The next meeting will be Thursday, Sept. 13, 8 a.m. at Mark One Electric Co., 909 Troost, KCMO.  Councilman Scott Taylor will be speaking.

•M/S/C to adjourn at 10 a.m.

The mission of the Labor-Management Council of Greater Kansas City is to enhance collaboration by solidifying trust and communication between labor and management in the community.

The LMC's Mid-Level Leadership Program will begin its 33rd year at Rockhurst University Sept. 19. The 16-session program, with classes from 4-7 p.m. Wednesdays, builds leadership skills and relationships among up-and-coming leaders in labor, management and the community. Contact Bob Jacobi, bob.jacobi@rockhurst.edu, for questions and an application form. The application deadline is Sept. 15.

Missouri voters Tuesday have the opportunity to correct a misstep by the state legislature. Proposition A, “right-to-work,” is on the ballot Aug. 7. The Labor-Management Council of Greater Kansas City recommends a NO vote on Proposition A.

When the issue of “right-to-work” became serious in the Missouri legislature a few years ago, the LMC board studied and debated the issue. After discussion, the board—comprised equally of representatives of management and of labor—voted unanimously to oppose “right-to-work” in Missouri. Since then the board has also voted to oppose a federal-level “right-to-work.” Here’s why:

“Right-to-Work,” Proposition A, means increased government interference in employer-employee relationships. Federal law already prohibits requiring workers to join unions, so Proposition A isn’t needed for that. Instead Prop A takes away the right of companies and workers to negotiate a contract that meets mutual needs.

There is also considerable evidence that states with similar “right-to-work” provisions of Proposition A have lower wages, less investment in education and significantly higher rates of workplace deaths. Missouri has had better job growth than any of our eight surrounding states in the past few years—seven of who have a law similar to Proposition A.

So Proposition A is a lose-lose. Please vote No on Tuesday and if you agree, please urge co-workers, family and friend to do so as well.

The LMC also studied and debated Kansas City Question 1 on the Aug. 7 ballot, which would create a new system for inspection of rental housing. The board agrees with the goal of the initiative—improve the quality and safety of all housing in Kansas City. However, the specifics of this proposal are troubling. The city already has laws on the books to address the issue, and can enforce the laws through the codes department. Question 1 would create a new inspection program in the Health Department, which has no experience in such operations. Question 1 also imposes new fees on rental properties, which will ultimately raise rents when affordable housing is a serious challenge. We believe that expanded funding for the codes department, coupled with a real strategy for affordable housing and helping fund needed repairs, would be a much better approach than Question 1. So the LMC supports a No vote on Kansas City Question 1.

MALMC Finds Common Ground, Builds Skills at 33rd Annual Event

“Seeking common ground is what’s missing in this country” said Thomas Kochan, MIT professor and keynote speaker at the 33rd Mid-America Labor/Management Conference. He praised attendees for applying “Midwest common sense” in labor-management cooperation and called on them to “show the country the way.”

Kochan led off three days of speakers, workshops and networking opportunities for 120 labor and management leaders from Missouri, Kansas and other states at Camden on the Lake July 8-11. Topics included bargaining techniques, health care solutions, prevailing wage update, worker mental health, women in skilled trades, fiduciary responsibility for benefit plan trustees, cyber security, arbitration, OSHA programs and the “right-to-work” Missouri ballot issue among others.

MIT economists, Kochan noted, have observed a “tinderbox” of conflict that could explode from rising economic inequality, demographic changes, decreased quality of jobs and workforce shortages, a “brain drain” in many communities and social tensions. The result is increase polarization and decreased ability to solve problems, he said. Kochan cited successful examples of labor-management cooperation that provide a model for the rest of society. Ultimately, he contended, a new “social contract” between business, labor, government and education is needed to address the serious issues the U.S. and other countries face and help restore a strong middle class.

Kochan called for encouraging “high road” business employment strategies, restoring consumer buying power in a new way and bringing stakeholders together as cornerstones for building a new social contract. He noted specific examples of companies and unions finding success with this approach and says research overwhelming shows workers want greater voice. Those surveys show workers interest in greater voice has increased in the past 20 years, including a significant increase in interest in unions and desire for labor-management cooperation.

Both management and labor will need to make significant changes for a new social contract to be effective, Kochan said, building trust between themselves and listening to the workforce. Such a “high road” strategy would benefit each of the stakeholders and society overall, Kochan contended.

After Kochan’s challenging and inspiring address, two workshops benefited attendees: Affinity Approach to Collective Bargaining presented by Glen Reed and Myla Hite, Federal Mediation and Conciliation Service, and The Union’s Duty of Fair Representation presented by National Labor Relations Board field examiners William LeMaster and Carla Coffman.

The affinity approach to bargaining is one strategy to help reach agreement. Key elements including sharing information, being open to all alternatives and “working the puzzle” of fitting proposals and ideas into addressing each side’s concerns.

Unions have legal requirements to serve represented workers (members or not) in bargaining, grievances and employee communication and are prohibited from seeking discharge of those workers. The NLRB presentation detailed the union’s obligations under the NLRA.

Missouri passed legislation that will speed up needed utility infrastructure investment and control rate increases, Irl Scissors of Missourians for a Balanced Energy Future told the conference. He and Zach Pollock, Missouri Electric Co-Ops, predicted job growth from the long-sought legislation. Pollock also urged more investment in rural broadband and a Missouri license plate for utility workers.
Chris Carlough, SMART MAP education director, gave a powerful presentation on the threat to workers and workplaces from addiction. While he noted the increase in opiod issues, he explained that alcoholism and tobacco use remain the most significant causes of death and disease from addiction especially among workers, costing employers an estimated $24 billion annually. Carlough also said that cannabis use is not without risk of addiction as well, and spreading legalization may increase issues for employers. Unlike other substances, cannabis is not yet tightly regulated so potency rates are increasing rapidly.

A key to addressing addiction is to remove the stigma attached to it, Carlough said. The stigma inhibits seeking of treatment; 90 percent of addicts do not receive treatment and are much more likely to attempt suicide that those who area treated. He added that treatment is often a long-term process requiring several attempts. He and SMART MAP have developed a training for business agents, stewards and others to recognize addiction in workers and know how to help them. PTSD is another rising problem and workplace leaders need to know how to recognize and help address that as well. Carlough offered to share his insights with employers and unions at the conference.

Physical health care was the focus for Cerner Corp.’s presentation. Cerner operates a clinic in the Operating Engineers Local 101 union hall for members and families and is opening clinics at other union sites as well. Aaron Brown, Local 101 business representative, reported that the results for usage, prevention and return on investment so far have exceeded expectations with nearly 44 percent of members accessing the clinic. John Howard, Cerner, and Pat Donohue, Taft-Hartley health plan consultant, added that smaller funds could combine to open similar clinics.

Cerner also offers pharmaceutical services to better control costs, improve compliance and convenience. Cerner pharmacy consultant Erin Smith explained that rapidly-rising pharmacy costs could be addressed and that compliance was key to better overall health results. She quoted former US Surgeon General C. Everett Koop’s observation that medicine doesn’t work for patients who don’t take it. More pharmacist contact with patients is a key to better compliance, Smith said.

A national shortage of skilled workers can be addressed with greater participation of women, but women must be better accepted and more aggressively recruited according to a panel. Alise Martiny, business manager of the Greater Kansas City Building and Construction Trades Council and president of OPCMIA Local 518; Tania McNeive, IBEW 7th District Women’s Committee and Kansas Gas Service; and Sara Wilder, Topeka United Way and Steelworkers Local 307 out of the Goodyear plant cited their own experiences of overcoming resistance, finding strong mentors and gaining the confidence to be leaders as examples that woman can succeed in skilled trades careers.

Martiny noted that to recruit any group there need to be “people who look like them” in the trade or organization put forward. Each noted the roles of family members raising their awareness of career opportunities and the need to educate both current workers and potential ones. McNeive cited a supervisor who at first resisted her presence but eventually became an ally. Wilder said that women sometimes must do tasks differently than men to achieve the same results. The percent of women in the building trades is increasing, Martiny said, but further progress requires the setting and achieving of diversity goals in public construction spending.

For union members, all agreed that the Coalition of Labor Union Women and women in the trades groups help women succeed. Grants are available for programs to recruit, train and help retain women in these positions, Martiny added. All three also urged women to become active in their unions and run for union office, as each of them has.

Workers who bring attention to safety issues at work have protection of federal law if they experience and report retaliation for their action within 30 days, explained Mike Oesch, acting assistant regional administrator for the Occupational Safety and Health Administration (OSHA). He outlined the process and relevant statutes while encouraging workers and employers to openly address safety issues.

Bill McDonald, OSHA St. Louis regional office director, discussed the Voluntary Protection Plan that allows fewer inspections for workplaces that agree to use best practices in safety. The program is a win-win for workers and employers, helping employers save money while keeping workers safer. He urged those interested to contact OSHA.

MIssouri’s new prevailing wage law is a compromise that few like and includes uncertainty in how some provisions will be administered, but the bill passed by the legislature and signed by the Governor retains the essence of the law. The process to develop the changes and what they will mean for employers, contractors and workers was discussed by Missouri State Senators Gina Walsh and Dave Schatz.

Sen. Schatz pointed out that the new project exemption threshold of $75,000 was far below his proposal and the retention of a streamlined process of occupational titles was more complex than he preferred. But he noted that the threshold on project size and the provision requiring 1,000 hours of work in each occupational title to be reported for prevailing wage to be required would provide relief for smaller and rural public bodies. He agreed that the new definition of “trainee” versus certified apprenticeship participants would need more definition but would allow more contractors to make use of newer workers on covered public jobs. He pledged to work to fix any problem issues and seek adequate funding for enforcement.

Sen. Walsh, who opposed changing the law, said that Missouri Department of Labor rule making on several provisions and funds for enforcement were crucial to the new law functioning as intended. She noted that Sens. Schatz and Gary Romine worked hard with her to craft a bill that could pass the Senate and preserve the law, and that contractor groups both union and nonunion contributed many of the ideas that comprised the final bill.

Audience members raised many questions and both senators pledged to listen and discuss as the process moves forward.

A mock arbitration, historically one of the conference’s most popular programs, returned this year. Volunteers play roles such as arbitrator, management representatives, union representatives, witnesses and disciplined workers. This presenters this year included Patrick Dunn, arbitrator; Will Lawrence, union counsel; Kara Larson (Kansas City Power & Light Co.), company counsel; Steve Boyce (Westar Energy), Labor and Employee Relations director; John Garretson (IBEW Local 304), union business manager; Bret Bonge (Kansas City Power & Light Co.), supervisor; Brad Miller (IBEW Local 304), line foreman/dismissed employee; and Gene Sicard (IBEW Local 304), lineman and injured worker.

Finances were the focus of afternoon sessions: Fiduciary Responsibility for Benefit Fund Trustees and Personal Financial Planning.

The role of benefit fund trustees is to protect members’ assets, the expert panel pointed out. Federal law holds trustees accountable and serving as a trustee brings potential liability, so trustees must take their duties seriously. Attorney Brian Dunn, Rouse Frets Gentile Rhodes, emphasized the trustees’ duties to approve expenditures and investments for the exclusive benefit of plan participants, to diversify investments, to follow plan documents and make decisions prudently. When problems occur, notifying the USDOL early is the best approach.

Bill Miller, Novak Birks PC, noted that learning to understand reports is crucial. “Ignorance” of what is happening with a fund’s expenses and investments is not a defense if problems arise. He also recommended notification of attorney and CPA as soon as a notice of USDOL audit is received. Roger Novak from Novak Birks PC recommended full disclosure and building relationships with USDOL officials. Dunn agreed that close monitoring of investment expenses is vital.

While some management and union officials serve as benefit fund trustees, everyone serves as a trustee for their own financial future. Brad Stephens, Principal, explained his specialization in helping workers plan for retirement and other goals and understand the best decisions on how to access retirement funds, when to file for benefits and investment options. Stephens can help locals with free presentations for their members as well as individual meetings.

Organizations and individuals also face threats from cyber attacks. Dr. Shannon McMurtrey, Drury University and a tech entrepreneur, demonstrated the many vulnerabilities connected information creates affecting national security, data held by companies and other organizations and even individual cell phones and home alarm systems. Anything connected to the Internet is vulnerable, and utility systems are under increasing attack from adversaries in Russia and North Korea.

McMurtrey provided specific tips on how to minimize such vulnerability. He emphasized that having a crisis plan understood by all in the organization is critical. For individuals, using VPNs helps as well as using two factor authorization on devices. Clicking on links in emails entails considerable risk, he noted,

The “right-to-work” issues on the Aug. 7 Missouri ballot, Proposition A, was explained by Mike Louis, Missouri AFL-CIO president, and Tim Weiss, TJ Weiss Contracting. Organized labor and allies in Missouri have responded powerfully to the passage of “right-to-work” in the Missouri legislature last year leading to the ballot issue, Louis noted, and efforts on both sides will continue after the vote.

Weiss, a contractor who appears in a commercial opposing Proposition A, said the proposal hurts rather than helps business. “I asked a local Ford dealer how many of his customers were union members. He didn’t know, then researched it. Turns out 23 percent of his new car customers were union members, and many bought Ford F-150s (built in Claycomo, Mo., by many of the 20 United Auto Workers members who attended) which are his most profitable product. After that. he understood why good wages and benefits help business.”

The contractor noted that “we all pay for low-wage workers” with taxes, higher health insurance premiums and charity. He has also written op-eds for local newspapers and hopes to “open minds” of conservatives like himself to the negative impact of Proposition A.

At its banquet, the conference also honored the memory of longtime planning committee member and volunteer Herman Wallace. After many years of service to the conference while regional director of the U.S. Dept. of Labor Employment and Training office in Kansas City, Herman continued volunteering for the conference in retirement, often working the registration desk. He died last year a few months before the conference. His daughter, Alex Reece, and son Peter Wallace accepted the recognition and thanked the attendees for their impact on Herman’s life.

Conference attendees also received cash and other prizes.

Key to the conferences’ success were sponsors and planning committee members. Sponsors included Westar Energy, Bank of Labor, Aetna, Blue Cross Blue Shield of Kansas City, Federal Mediation and Conciliation Services, IBEW Local 304, Kansas Gas Service, the Labor-Management Council of Greater Kansas City, the National Labor Relations Board, Sheet Metal Workers Local 2 and KCMO Electric.

Planning committee members included co-chairs Bret Bonge, Kansas City Power & Light Co.; Bob Jacobi, Labor-Management Council of Greater Kansas City; vice co-chair Mike Louis, Missouri AFL-CIO; secretary John Garretson, IBEW Local 304; treasurer Tom Johnson, Bank of Labor; Jacque McCormick and Linda Palumbo, Kansas Gas Service; Barbara Rumph, Federal Mediation and Conciliation Service; Dawn Nicklas, Nicklas Lobby; Steve Boyce, Westar Energy; Jay Lind, Sheet Metal Workers Local 2; Clark Blodgett, IBEW; Mary Taves, National Labor Relations Board; Chastity Young, Missouri National Education Association; Bobby Thompson, Federal. Mediation and Conciliation Service; Larry Rebman, Missouri Department of Labor, and Bob Stacks, State of Kansas.

The 2019 conference will return to Camden on the Lake from July 7-10. Check the MALMC website, www.malmc.org , for updates. Contact planning committee members with suggestions and questions.