Arthur Salm: Council kicks sand in bullies’ faces

The initiative process opens the door to all kinds of mischief, most of it backed by interests with very deep pockets.

print page
email
share this
comment
bookmark
text size

When you actually get to see a bully in action, it’s breathtaking, in a can-you-believe-that-guy? kind of way.

Few people saw it - after all, it was the last agenda item, it came up after five and a half hours of talk, and it was late, late in the evening. But at the May 12 Chula Vista City Council meeting, George Hawkins, president of the Associated Builders and Contractors, put on quite a show.

San Diego: Arthur Salm is an SDNN columnist.

Arthur Salm is an SDNN columnist.

After a supportive lead-in from Mayor Cheryl Cox, Hawkins stood at the lectern and informed the council members that unless they placed an initiative on the ballot for the June 2010 election - an initiative that his organization has failed so far to place via the by-the-book signature-gathering process - they’d sue the city (over an earlier petition rejected for what the city clerk determined to be improper paperwork). That, Hawkins said, would cost the taxpayers a bundle. The initiative’s going get on the ballot one way or another, he declared, and if his group goes out and gets the required signatures, that will trigger a special election, costing the city even more.San Diego: sdnn-opinion1

Do it, Hawkins told the council members, or Chula Vista will also end up paying “not only your attorney fees, but ours.” He indicated that if the city council plays ball, the lawsuit will likely go away.

Translation:  Even with our hired-gun signature-gatherers, we haven’t been able to meet the requirements to get our initiative on the ballot. But we’ve got the money and we’ve got the juice, so if you guys don’t put it on there for us, we’re going to turn the citizens of Chula Vista upside down and shake some serious coin out of their pockets. Figures ranging from $600,000 to $1.4 million got tossed around.

Hawkins didn’t shout. He didn’t shake his fist. Had he sported a Snidley Whiplash-style mustache, he probably wouldn’t have twirled it. He didn’t even glower. He spoke calmly and matter-of-factly, and it was downright chilling. The link is here if you want to watch; just click on the May 12 video. Mayor Cox’s warm and fuzzy introduction starts at hour 5:31.

And here’s what the Associated Builders and Contractors want: Their ballot initiative would prohibit project labor agreements, which are collectively bargained labor agreements for city-funded construction projects. They deal with wages, hours, benefits, and other terms and conditions of employment. Typically a PLA will set a living wage, include medical benefits, and ensure that a certain percentage of the workers hired for a project live in the community. (Backers of the Associated Builders and Contractors’ initiative refer to it as a “fair and open competition ordinance,” a textbook example of nomenclature obfuscation; the art reached its dizziest heights with George W. Bush and his Clear Skies and Healthy Forest Initiatives.)

More from Arthur Salm:

UC student fees too high

Dark days for the Union-Tribune

Advice for the U-T’s new owners

The response to Hawkins’ threat was immediate and compelling; this, too, made for good TV. (See that link, above? If you skipped it, click it now.) The outrage of the speakers following Hawkins seemed evenly directed toward the Associated Builders and Contractors’ would-be initiative itself and the audacity of their tactics.

“I’ve never witnessed such a scene of extortion in my life,” painter Paul Vauchelet told the council. A project labor agreement, he said, “is about working people and benefits and paying good wages.  … You politicians are our last line of defense.”

The Labor Council’s Lorena Gonzalez let the council know that as long as they were considering placing initiatives on the ballot just because it’s cheaper, she had lots of ideas. How about a living-wage ordinance? “That would really benefit the workers,” she said.

Even after five years on the city council, Steve Castaneda said that every once in a while he still gets completely amazed - and he seemed floored by Hawkins’ proposal.  Stating flatly that the council should refuse to cave in to threats, he added - and this shouldn’t have been necessary - “Unfortunately, democracy is an expensive endeavor.”

‘Round midnight it went to a vote. Pamela Bensoussan and Rudy Ramirez joined Castaneda in voting No; Mayor Cox and John McCann stood with the builders and contractors. Defeated, 3-2. A nice “almost” for the bullies.

But they shouldn’t have even had a shot at it. The initiative process opens the door to all kinds of mischief, most of it backed by interests with very deep pockets indeed. It springs from a basic mistrust of government, which is understandable, up to some points - one of them being when we turn the nuts and bolts of lawmaking over to the public at large. If the U.S. Senate was envisioned as a kind of cooling saucer, in which of-the-moment passions of the House of Representatives are allowed to sit a while before being taken on, well, any elected body is a cooling saucer compared to direct democracy - ceding the craft to lawmaking to a vote by everybody.

Bullies barge through open doors like that one. It was more than reassuring to see three members of the Chula Vista City Council slam it shut on the Associated Builders and Contractors’ foot last week; it was, in fact, a little thrilling. And damn good TV.

Arthur Salm is the SDNN city columnist.

Tags:

7 comments

READER COMMENTS

Comment by: Betty Jurus Posted: May 18, 2009, 7:01 pm

Arthur, it is just a joy to see and read you in print again! As to the above article, I don’t care what it’s called, but sounds like blackmail pure and simple to me. Glad the council didn’t back down.

Comment by: Linda Tegarden Posted: May 18, 2009, 9:32 pm

It is Whipsnade–not Whiplash–a WC Fields character. And speaking of, I cannot disagree with your characterization of Hawkin’s presentation after I watched it for myself. Almost Fieldsian. It was a stupid gambit, certainly not designed to win anyone over. And I’m really sorry about that because PLAs and the dung beetles that pass for the leadership of the union labor council should be exposed as the travesty they are. Insistence on a PLA by Lorena Gonzalez and Tom Lemmon of the labor council cost Chula Vista the $2 Billion Gaylord Bayfront project and an estimated 9,000 construction jobs last year(with a little help from the queen of all Dunderheads, Cheryl Cox). Wages and benefits are no better for union workers–that is just a smokescreen. The only benefit of a PLA is that workers can’t strike–and in this economy, who would? Public works projects like this require prevailing wages to be paid to EVERYONE, but without the union dues. Obviously Tom and Lorena hate that—no cut for them. Still, the ABC did look like the bully in the room this time–they were wrong.

Comment by: Molly Rhodes Posted: May 18, 2009, 10:31 pm

Bravo to Casteneda, Bensoussan and Ramirez for just saying no to clear extortion.

Linda–rabid ABC, not labor unions, chased Gaylord out of town, tho reality is they would have checked out anyway once the commerical mortgage market tanked. Unchecked greed, corporate desire to feed at the public subsidy troff while screaming about govt regulation is at the root of both that collapse and ABC’s incessant campaigning against PLA’s.

Linda’s assertions about PLAs and union scale wages omits the benefits all Trades negotiate–affordable family health care, a pension, a training fund, and a higher, enforceable safety standard. Those things benefit the community.

Comment by: Jefferson Posted: May 18, 2009, 11:01 pm

Ms. Tegarden has been one of the most vitriolic and shrill voices of the anti-union developer community that has engaged in the ongoing campaign to deceive taxpayers in regards to PLAs. Project Labor Agreements are the most effective way to guarantee workers have health care and they have consistently shown over and over that projects built under PLAs have produced completed projects that are on time and on budget. But Tegarden wants to lead the Parade of Misery on this topic. She is wrong about Gaylord, also. The company left because it couldn’t get financing. I remember they wrote a letter that was read into the record at a CV council meeting saying that their PLA deal was close and not the reason for their departure. I’d say the mettling of the ABC and Ms. Tegarden’s Parade of Misery had more to do with the gunking up of the negotiations there.

Comment by: Linda Tegarden Posted: May 19, 2009, 12:12 pm

Just to be clear, I am not an opponent of trade/labor unions or the rank and file. I believe as an American, it is every person’s right to join any group. However, I am completely opposed to Project Labor Agreements because in spite of the rhetoric, PLAs don’t deliver better projects, faster or more cost effectively. The only thing PLAs do is eliminate a union workers right to strike and fair and open competition for work. Every other element–wages, benefits, apprenticeship training, job safety can be and are met by merit shops. Do your research, get educated. Unions manufacture and manipulate numbers. For example, I spoke directly with the State of California’s rep on apprenticeship standards for this region. He said that the unions and ABC are in a PR war and that essentially none of the union’s self-reported numbers are very reliable in terms of graduates. The San Diego and Imperial Counties labor consortium led by Tom Lemmon insisting on union only labor, was the first and most difficult stumbling block for the Gaylord Bayfront project. Without his interference initially, the project would have gone ahead, but the longer the delay, the greater deterioration in the market/financing realm. Ultimately with all of the 18 months of delay, it was a business decison that Gaylord took their billions elsewhere. That is a reported fact. Are you happy now, Chula Vista? ABC had nothing to do with it and why anyone would say they did is either a display of ignorance or lying. PLAs guarantee that all workers pay dues into the union whether they are members or not. Non-members never recover that money in terms of benefits. Naturally the union leadership wants that money. In the parlance of the Las Vegas underworld, its called “the skim”. Something for nothing is theft; that’s why I oppose PLAs, union leadership and the complicity of boards, commissions and councils who endorse them.

Comment by: michael-leonard Posted: May 20, 2009, 9:52 am

Ms. Tegarden:
You are confused. The W.C.Fields character (from the film “You Cant Cheat an Honest Man”) was Larsen E. Whipsnade. THe character referred and pictured is from the fertile mind of cartoonist Jay Ward: Snidley Whiplash was the nemesis of Dudley Do-Right, a Perils-of-Pauline spoof.

Comment by: Linda Tegarden Posted: May 20, 2009, 11:01 am

Ah, I stand corrected sir. A bit after my time…unfortunately.

Post a comment

Presented By: