Concrete Products

SEP 2015

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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The Environmental Protection Agency will be remem- bered as a favored tool for President Obama to wield his brand of executive authority, most recently demon- strated in sweeping Clean Power Plan (note page 8) and Waters of the U.S. proposals sure to cost consumers and business what critics estimate will be tens if not hun- dreds of billions of dollars. Right behind the EPA will be the National Labor Relations Board, which has indulged a union-friendly White House through such measures as a rule mandating workplace display of posters detailing employees' rights to representation; adoption of repre- sentation case procedures enabling "ambush" elections; and, reinterpretation of long-held standards for what constitutes a bargaining unit. NLRB is now on record for pursuing action on behalf of a building materials delivery driver whose spotty truck and site equipment operation was costing his employer an average of $10,000 a month. In a decision informed by com- mon sense and legal duty, Administrative Law Judge Melissa Olivero dismissed an NLRB General Counsel complaint alleging that Bailey, Mich., building mate- rials supplier American Classic Construction Inc. violated the National Labor Relations Act (NLRA) in actions surrounding the driver's departure. Facebook posts and text message content, coupled with testimony from American Classic principals and employees, led her to determine the driver quit amid exchanges in a late-December 2014 payday meeting—contrary to the General Counsel's allegation of discharge. Company co-owners Leon and Jacob Thompson called the meeting to review the driver's performance since his hir- ing almost four months prior. In her bench decision, ALJ Olivero cited evidence and testimony showing the driver had been involved in four incidents total- ing $30,000–$40,000 in damages: running a delivery truck over fresh concrete flatwork; cracking a crane truck frame through improper lift axle and outrig- ger engagement; neglecting to activate a forklift parking brake, resulting in the machine's backing into a construction site trailer; and, through improper equipment guidance, poking a hole in the roof of a customer's property. The General Counsel maintained the driver had been discharged; that would have violated the NLRA as the employee and a coworker, two days prior to the meeting, engaged in protected concerted activity by questioning American Classic trucks' department of transportation inspection status. Section 7 of the Act, ALJ Olivero notes, "protects the rights of employees to engage in protests over what the employees believe to be unsafe working conditions." She points to three comments the driver posted to his Facebook page in days leading to and following his American Classic departure. After leaving work on a day the company elected to idle vehicles in question, pending inspection verification, he claimed: "Well I got sent home today because none of are [sic] trucks are up to date on there [sic] federal inspections so not legal to be on the road. You would think that this would be important but I guess not." The second and third posts were made after the meeting and the following day, respectively: "Well just got let go today" and "Does anyone now [sic] who to talk to or call about getting fired for not wanting to drive illegal trucks?" While the General Counsel dignified the Facebook page content, the judge found more compelling a text message in which the driver, after leaving with his final paycheck, thanked Jacob Thompson but noted, "Don't waste your time talking things over with your family. I don't want to work for you guys." Replied Thompson, "I hope you think it through." A sound and tactful response from a manager who apparently passed up the opportunity for a much more fitting send off: "Don't let the door hit you." 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, VP-SALES & MARKETING John Bold, U.S., CANADA SALES Bill Green, GERMAN SALES Gerd Strasman, LATIN AMERICA SALES Paulina Downey, LATIN AMERICA SALES Sylvia Palma, SHOW MANAGER Tanna Holzer, PRODUCTION MANAGER Dan Fitts, Concrete Products, Volume 118, Issue 9, (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, P.O. Box 1337, Skokie, IL 60076. 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 2015: Concrete Products ALL RIGHTS RESERVED 4 • September 2015 Facebook posts, text message damage accident-prone driver's discharge claim

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