School board passes major labor agreement
Tuesday, May 26, 2009
San Diego Unified School District and local unions have reached a project labor agreement for a $2.1 billion project; and the board voted 3-2 for its passage Tuesday evening.
The final agreement with the school district and two unions – San Diego Building and Construction Trades Council and Southern California Conference of Carpenters – comes after nearly six months of deliberation. The board, comprised of three pro-union members – Richard Barrera, Shelia Jackson and John Lee Evans, passed the agreement.
Boardmember John de Beck said his colleagues passed the agreement because it’s based on “union power.”
The project, funded by the passage of Proposition S in November 2008, allows for the repair and renovation of district school facilities over the next 10 years. Its passage caused bidding battles among unions and non-unions to pick up the work and allowed for the school district to establish the Independent Citizens’ Oversight Committee. The ICOC was prompted to evaluate projects and determine whether a Project Stabilization Agreement would be beneficial for the school district and the construction workers they hire.
After six months of discussion, the school district and unions came to a proposed PSA. The 35-page agreement states that the school district has “the absolute right” in selecting the contractor and that the contractor has the right to “determine the competency of all employees, the number of employees, the duties of employees.” It also states the unions “will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill their labor requirements of the Contractor.” In addition, 100 percent of employees will be San Diego County residents and 70 percent of employees will be residents of the district in which the project is needed.
But the intent of having a PSA itself has caused controversy in the local education community.
The PSA is an accord among construction workers and employers guaranteeing the completion of the project in a timely and efficient manner or at least for the most part. Its usage has been encouraged by President Obama after he released an executive order in February stating that “it is the policy of the federal government to encourage executive agencies to consider requiring the use of” PSAs. The executive order also states that construction workers are, typically, in the most ephemeral and unstable industries. In addition, PSAs often restrict employees from other municipalities to apply for the project – this allows for only locals, who would contribute its income back into the local economy, to apply for the work. On the flip side, employers may find projects difficult to complete if such agreements aren’t in place – and in particular, larger projects.
The ICOC studied projects that both did and did not use a PSA, including Petco Park, which used one. Among the group’s conclusions in its report, the number of apprentice-training programs and fringe benefits could be reduced by a PSA, and the PSA could “foster labor-contractor disputes if resolution methods were not included.” In addition, the local economy could further falter by the PSA, if it didn’t include certain zip codes of applicants.
A recent study conducted by the Center on Policy Initiatives contests the ICOC report. CPI’s Corrine Wilson, who conducted the project, found that “salient facts” were missing from the ICOC report. Wilson said that through research, conducted by the think-tank, most PSA projects benefited the local community, economy and those directly involved in the project.
“The best aspects of the project stabilization agreement are local hire – so it does reinvest the bond money back into the community [by] hiring district residents to work on the projects,” Wilson said. “This has worked at the L.A. Community College District, L.A. Unified School District and the L.A. Department of Public Works – they all have tracked how many residents have worked on the job, what the average wage is, and it’s a sizable amount. All three of these agencies have been doing this for years and they’ve [PSAs] been working for them. We like to bring that here.”
Wilson said that PSA construction jobs lead to more apprenticeship programs. She said the unions involved in PSAs guarantee a certain amount of apprentices can be hired for jobs alongside experienced contractors. This allows for apprentices to gain the necessary experience to be competitive in the job market after he or she graduates (see chart). CPI communications specialist Xavier Leonard said this is the most important part about the PSA.
“That’s really important because construction is, essentially, a temporary industry,” Leonard said. “As you’re working, you’re working yourself out of a job. Having this agreement and doing the work through union hiring halls is an important way for people to gain stability in, what is essentially, an unstable and temporary industry.”
“To clarify, the agreement is something that governs the standards for the work to be done and conditions under, which, the work is done,” Leonard said. It’s not an agreement about who’s going to get the work.”
Boardmember Richard Barrera agrees. Barrera, who was a labor organizer and voted for its passage, said because of the wording in the agreement, many students may actually see their neighbors working on the projects – or even their parents.
“Most of our students live in low- or middle-income communities, so if they see these opportunities being given to those of the same economic class – they may think more about the opportunities that are available to them,” Barrera said. “They’ll think they have a real shot in succeeding.”
But de Beck thinks otherwise. The board member, known for being hard-hitting on every issue, thinks the well-being of unions plays a heavier role in the decision rather than the well-being of the school district.
“We have accomplished all previous bond financed construction projects without this kind of agreement,” de Beck said. “The current agreement is a union initiated plan supported by the three most recently elected school board members.”
Hoa Quach is the political editor. She can be reached at Politics(a)SDNN.com
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Comment by: Frank Fitz Posted: May 27, 2009, 4:45 am
Ms. Quach, you wrote an article on a controversial vote of the school board without telling us which member voted for or against the PSAs.
Those facts are basic to the story.
Comment by: Paul M Bowers Posted: May 27, 2009, 5:01 am
I may be able to help. The three board members that insisted on spending the extra money not mentioned when the bond was voted were Barrera, Jackson and Evans. It is no coincidence that these three also took large sums of money from unions when campaigning in the previous election. Money in, money out.
Comment by: Linda Tegarden Posted: May 27, 2009, 11:15 am
I sat through the whole SD Unified Board meeting charade yesterday and apparently Hoa Quach did not. Many elements of the issue were omitted here and she certainly has allowed the Pro-PLA side to control her reportage of the story. She did not mention that the vote was 3-2 with Nakamura and deBeck against, quoted Corrine Wilson extensively AND included a video from her leftist organization, CPI. The ICOC had no PLAs to study or compare with the San Diego version and in fact, are only being allowed to review projects after the fact. LA Unified’s experience with a PLA was a disaster. No mention was made by Quach that the 35 page PLA was released late Friday of the 3 day Memorial Day weekend, with a vote to occur on Tuesday. The agenda item which called for a “first read” was replaced at the last minute as an action item. Can you say “Slam Dunk”? There are other errors in Quach’s story and it is worrisome that a reporter with her responsibility to inform could leave out or distort salient facts–whether from ignorance or a deliberate ideological strike.
Comment by: Pat McGinn Posted: May 28, 2009, 9:20 am
I have to take exception to Ms. Tegarden comment that “LA Unified experience with a PLA was a disaster” when a UCLA report on LA Unified PLA’s outcomes reported that the local hiring goals were exceeded in all projects. That when compared with similar sized LA City projects that were not coverd under a PLA, LA Unified PLA’s local hiring requirement significantly improved the entry of local residents into union apprenticeship programs and that this arrangement particularly helped disadvantaged workers to obtain employment on these projects. That is the point of these types of agreements to secure no-strike language so that all disputes are resolved through mediated settlements and local hiring is mandated to benefit the local community whose tax dollars are being spent.
Comment by: aSDworker Posted: May 28, 2009, 1:13 pm
What Ms. Tegarden meant was that the PLA’s in LA were a disaster for the union for antiunion contractors, the Associated Builders & Contractors (ABC).
The public made out very well and continue to implement and renew these agreements regularly. It’s not rocket science… how would the public get a better deal by paying the same wages to lesser qualified individuals? There is no real standard for qualifications in the “merit” (?) shop, if the boss likes you, you’re “qualified”!