Concrete Products

JUN 2017

Concrete Products covers the issues that attract producers of ready mixed and manufactured concrete focusing on equipment and material technology, market development and management topics.

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Transition is the order of the day at the National Labor Relations Board, as Trump Administration policies take hold and key appointments beckon. New leadership should support the sound National Labor Relations Act (NLRA) application exhibited in an early-May decision tied to a 2016 cast-in-place parking structure project. Administrative Law Judge Mary Miller Cracraft recom- mends the Board adopt her findings of NLRA violations by the International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers, Local 229, San Diego. The recommendation caps a decision detail- ing Local 229 actions—and tandem stunts of Operating Engineers Local 12, Whittier, Calif.—directed at Western Concrete Pumping Inc. (WCP) through a peer in reinforcing steel and post-tensioning, Commercial Metals Co. or CMC Rebar. Both were subcontractors to McCarthy Building Companies Inc. on a four- story parking structure at the Pechanga Resort & Casino in Temecula, Calif.; each claimed a labor dispute with WCP over paying workers to area standards, but was not similarly engaged with CMC Rebar, an Iron Workers Master Labor Agreement signatory. In support of its labor dispute with WCP, Local 12 members began four months of picketing the Pechanga jobsite in August 2016, bearing "Not Paying Area Standard Wages – Western Pumping" signs. At picketing onset, an Iron Workers 229 business agent sent CMC employees a text containing a No Picket Lines symbol circled by "FRIENDS DON'T LET FRIENDS CROSS." The message encouraged the rebar crews to strike or refuse to perform Pechanga work in support of both locals' labor dispute with WCP. In a site visit two weeks later, the Local 229 agent presented CMC employees a "Picket Line Etiquette" flyer. Among directives for rank & file: "Labor's first commandment: "THOU SHALL NOT CROSS THE LINE;" "ONCE A PICKET LINE IS ESTABLISHED, your Business Agents and other Union Officials are legally gagged and handcuffed from giving advice pertaining to THAT JOB. They can only tell you if the Picket Line is AUTHORIZED;" and, "A good union member knows their rights: You have the right not to work behind ANY Picket Line; You have the right to decide for yourself whether to walk off a job being picketed." "Picketing or activity that induces or encourages the employees of a sec- ondary employer to stop work, where an object is to compel that employer to cease doing business with the struck or primary employer" violates the NLRA, Judge Cracraft explains. "Local 229 induced or encouraged employees of CMC, a neutral employer, to stop working with the objective of forcing CMC to cease doing business with the primary employer WCP," she concludes. Instead of challenging the NLRB General Counsel's contention of unfair labor practices, Iron Workers 229 attorneys argue that NLRA Section 8, as applied to the facts in the CMC/WCP case, is contrary to First and Thirteenth Amendment, plus Religious Freedom and Restoration Act protections. Judge Cracraft rejects arguments on First Amendment protections, and finds counsel's invoking of the Thirteenth Amendment—ratified in 1865 to abolish slavery and involuntary servitude—as lacking merit. She further rejects claims that the business agent's communications with Local 229 members are Religious Freedom Restoration Act-protected. The case surfaced at the sunset of the Obama administration, which business and construction groups rightly criticized for using the NLRB to advance union- friendly policies through new directives or reinterpretation of longstanding labor-management relationship rules. The no-nonsense style typifying Trump Administration agency moves thus far suggests the Board might be less likely to attract claims of bedrock U.S. Constitution protections when union attorneys attempt to defend clients testing NLRA limits. EDITORIAL BY DON MARSH MINING MEDIA INTERNATIONAL EDITORIAL OFFICE 11655 Central Parkway, Suite 306 Jacksonville, Florida 32224 U.S.A. P: +1.904.721.2925 F: +1.904.721.2930 EDITOR Don Marsh, ASSOCIATE EDITOR Josephine Smith, GRAPHIC DESIGNER Michael Florman, EDITORIAL DIRECTOR Steve Fiscor, MINING MEDIA INTERNATIONAL CORPORATE OFFICE 8751 East Hampden Avenue, Suite B-1 Denver, Colorado 80231 U.S.A. P: +1.303.283.0640 F: +1.303.283.0641 PRESIDENT/PUBLISHER Peter Johnson, U.S., CANADA SALES Bill Green, GERMAN SALES Gerd Strasman, LATIN AMERICA SALES Sylvia Palma, SHOW MANAGER Tanna Holzer, PRODUCTION MANAGER Dan Fitts, Concrete Products, Volume 120, Issue 6, (ISSN 0010-5368, USPS 128-180) is published monthly by Mining Media Inc., 10 Sedgwick Drive, Englewood, Colorado 80113 ( Periodicals postage paid at Englewood Colorado, and additional mailing offices. Canada Post Publications Mail Agreement No. 40845540. Canada return address: Station A, PO Box 54, Windsor ON N9A 6J5, Email: cir- Current and back issues and additional resources, including subscription request forms and an editorial calander, are available online at SUBSCRIPTION RATES: Free and controlled circulation to qualified subscribers. Non-qualified persons may subscribe at the following rates: USA and Canada, 1 year $72.00, 2 year $119.00, 3 year $161.00. For subscriber services or to order single copies, write to Concrete Products, 8751 East Hampden, Suite B1, Denver, Colorado 80231 USA; call +1.303.283.0640 (USA) or visit www. ARCHIVES AND MICROFORM: This magazine is available for research and retrieval of selected archived articles from leading electronic databases and online search services, including Factiva, LexisNexis, and ProQuest. For microform availability, contact ProQuest at 800-521-0600 or +1.734-761-4700, or search the Serials in Microform listings at POSTMASTER: Send address changes to Concrete Products, PO Box 828, Northbrook, IL 60065-828. REPRINTS: Mining Media Inc, 8751 East Hampden Avenue, Suite B1, Denver, CO 80231 USA; P: +1.303.283.0640, F: 1+303.283.0641, PHOTOCOPIES: Authorization to photocopy articles for internal corporate, personal, or instructional use may be obtained from the Copyright Clearance Center (CCC) at +1.978.750.8400. To obtain further information, visit COPYRIGHT 2017: Concrete Products ALL RIGHTS RESERVED 4 • June 2017 Free speech, religious freedom claims stall in parking structure labor dispute

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