The
Union
The local
union is the basic unit of the Building Trades. Some locals
have only dozens of members and some have thousands. Regardless
of size, the principal of operation is the same. A local
union is the people in it, and the people are the union.
Manufacturers,
merchants, business people, doctors - just about every
known profession has their own organization. A union is
exactly the same thing for workers.
Unions
play an important function by giving workers a voice in
discussing issues that affect their lives, such as pay,
benefits and working conditions. Local Unions receive
technical and legal assistance, guidance, and advice from
their International Offices.
Union
members elect their own officers, and those officers answer
to the members. Each member has equal voice and vote at
regular democratically conducted meetings.
In
Union There Is Strength!
Union
vs. Non-Union
WE
ARE ALL DOING THE SAME WORK.
THE
PRICE OF MATERIAL IS THE SAME FOR EVERYONE.
THE
CONTRACTORS' BIDS ARE THE SAME,
WE GET SOME THEY GET SOME.
THE
DIFFERENCE IS THE UNION CONTRACTORS PAY THEIR WORKERS A
LIVING WAGE, HEALTH CARE AND A PENSION.
WHERE
DO THE PROFITS OF THE NON-UNION CONTRACTORS GO?
GET
YOUR FAIR SHARE!
THE
A B C
Did you know that while
non-union Building Contractors, fight tooth and nail to keep
their employees from banding together to improve the conditions
of their labor, they have formed their own association called
The Associated Building Contractors (ABC).
They band together to advance
their political agenda and to attack the rights of workers.
They PAY DUES to pay lobbyists,
lawyers and others. They hold seminars teaching members how
to keep employees from organizing in the same way for their
collective protection.
In
short they have formed an association to fight Unions!
The
Following Are Employer Unfair Labor Practices
-
Threatening
to fire for union activity
-
Threatening
to demote, reprimand, or punish in any way because of
union activity.
-
Conducting
widespread anti-union interrogation.
-
Threatening
to relocate to escape the union.
-
Promising
benefit to employees in return for anti-union activities.
-
Interfering
with communication among employees or with attempts
to organize by such means as unduly restrictive no solicitation
rules.
-
Spying
on union meetings.
-
Granting
benefits or wage increases timed to defeat union activity.
NATIONAL
LABOR RELATIONS ACT
Rights
of Employees
Sec.
7 Employees
shall have the right to self organization, to form, join,
or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in
other concerted activities for the purpose of collective
bargaining or other mutual aid or protection.
Sec
8(a)
It shall be an unfair labor practice for an employer
- (1) to interfere
with, restrain, or coerce employees in the exercise
of the rights guaranteed in Sec. 7.
- (3) by discrimination
in regard to hire or tenure of employment or any term
or condition of employment to encourage or discourage
membership in any labor organization.
- (4) to discharge
or otherwise discriminate against an employee because
he has filed charges or given testimony under the
act.
What
is the Prevailing Wage Law?
The laws
were enacted in 1931 and 1933 to discourage the awarding
of public works contracts to employers who frequently under
bid local employers by paying their workers substantially
less than normally received by workers in an area. Government
agencies are precluded from awarding exclusively to local
employers because various bid laws require that contracts
be awarded to the lowest responsible bidder. As wages are
the most controllable factor in the bidding process, workers
are put in the precarious position of having their wages
manipulated by their employer. This problem creates instability
in the local construction industry. The prevailing wage
rate laws were enacted to provide a solution to this problem.
How
do these laws resolve the problem?
The laws
mandate that all workers employed on public works projects
must receive wages that are representative of the wages
normally paid to workers on similar private projects in
the area. Employers are required to base their bids on prudent
planning, good management and supervision, skill and efficiency
of their workers, and not solely on the wages paid to their
workers.
Are
all public works projects covered?
Most projects
must exceed a specified dollar thresh hold to be covered
by the laws. For a single trade anything over $33,000 and
$164,000 for multiple trades.
Are
fringe benefits a part of the prevailing wage rate?
Yes it includes
the hourly rate of pay, plus the hourly contributions for
health and welfare, pension and other economic benefits.
If your employer does not have a health or pension plan,
the amounts listed must be added to your hourly rate.
Does
a determination have to be posted?
Yes, all
employers must post a clearly legible copy of the wage determination
in at least one conspicuous and easily accessible place
on the project site. The determination must remain posted
as long as any worker is employed on the project.
Your employer
must sign an affidavit saying you have been paid the prevailing
wage before he can be paid.
Can
workers voluntarily give up or accept less than the prevailing
wages to which they are entitled?
No, all
workers must be paid the full wages they are due. Any worker
who knowingly gives up, waves, or returns any wages earned,
is guilty of a class C misdemeanor which is punishable by
a fine of up to $500, imprisonment, or both.
How
does a person file a complaint?
All
complaints must be made in writing to:
Dept.
of Workforce Development
Labor Standards Bureau
Construction Wage Standards Section
P.O. Box 8928
Madison, Wi. 53708
The
answers provided are applicable in most, but not all, situations.
This is a brief and partial overview of the law because
a variety of facts must frequently be considered in order
to make a proper interpretation of these laws.
FEDERAL
CONSTRUCTION PROJECTS ARE COVERED UNDER SIMILAR LAWS CALLED
DAVIS-BACON
KEEP
GOOD RECORDS
If you find
yourself being mistreated by a dirty no good penny pinching,
slave driving boss, it is important to have good records
to prove your complaint. Don't wait for the incident to
start. You should begin keeping records long before this
(while your employer still has you fooled into thinking
they are a nice person). The more information the better.
Here are some suggestions.
- Hours - Time worked
each day
- Job number or name
- Location - city,
street etc.
- Foreman - Supervisor
- Reports of injuries
- Safety violations
- Save all check stubs
Safety
You
have a right to:
-
Complain
to a union, employer, OSHA, or any government
agency about safety and health hazards.
-
File
safety or health grievances.
-
Participate
in OSHA conferences, hearings, or other OSHA related
activities.
-
Review
copies of appropriate OSHA standards, rules, regulations,
and requirements that the employer should have available
at the work place.
-
Request
information from your employer on safety and health
hazards in the area.
-
Receive
adequate training and information on work place safety
and health hazards.
-
Request
the OSHA area director to investigate if you believe
hazardous conditions or violations of standards exist.
-
Be
advised of OSHA actions regarding your complaint.
-
Respond
to questions from the OSHA compliance officer.
-
Submit
a written request to NIOSH for information on whether
any substance in your work place has potentially toxic
affects.
-
If
your employer has more than 10 employees, the employer
must maintain records of all work related injuries and
illness, and you are entitled to review those records.
-
If
an employee is exercising these or other OSHA rights,
the employer is not allowed to punish the worker in
any way, such as through firing, demotion, taking away
of seniority or other earned benefits.
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