New Members
The Construction Advocate
Chapter Names Leadership for '08
WTCABC members have selected their leadership for the coming year. Thanks to all those who voted, to those who served this years and especially to those who have agreed to lead us into next year.
Executive Committee
Chairman Mark LaGasse, LCI
First Vice Chairman Steve Haynes, Linkous Construction
Second Vice Chairman Joel Thomas, Montgomery Martin Contractors
Secretary/Treasurer Trey Watkins, Watkins Uiberall
National Directors
Shirley Pitts, GreenScape
Don Sloan, United Construction Consultants
Ralph Gusmus, Gusmus Electric Company
Board of Directors
Robert Campbell, R.L. Campbell Contracting
Frank Colvett, Jr., GreenScape
Frankie Ditto, Frank Ditto Painting
Dan Jones, Caroma Construction
Robert Barret, Smith-Doyle Contractors
Peggy Clayton, Williams Equipment & Supply
Susan Crawford, Dennis Electric Company
Ken DeLaet, Pearson Safety Services
Rusty Linkous, Linkous Construction
Grant Mills, Chris Woods Construction
Pat Siano, McDonnell Insurance
Immediate Past Chairmen
Richard Whitley, McDaniel Whitley Insurance
Mary Tibbets, Menard, Gates & Mathis
Phil Fitts, Tradesmen International
L.C. Vance, Omega General Contractors – Education & Apprenticeship Chair
Rick Bennett, Maiden & Bennett – Legal Counsel
Web Turbeville, Memphis Fence -- Chaplain
Purvis, Gibson Headline Excellence in Construction Awards
WTCABC is raising the bar once again on its annual Excellence in Awards dinner. This year's event will feature two Memphis celebrities -- Mearl Purvis, anchor of FOX13 News and Billy Gibson, world-renowned blues harp player musician.
Mearl Purvis will emcee the awards dinner. Mearl Purvis is an award winning journalist who can be seen weeknights at 5 and 9 with Steve Dawson on FOX13 News. She has won four Regional Emmy Awards, the prestigious Edward R. Murrow Award, the equally prestigious George Foster Peabody Award and the J.C. Penny Missouri Award. Before starting her impressive tenure here in Memphis Mearl reported and anchored in Charlotte, NC, Hartford, CT, Nashville, TN, Jackson, MS, and Memphis, TN.
Billy Gibson began playing harmonica at a very young age. In 1999, he received an endorsement from Hohner, his harmonica of choice. He has made guest appearances on national recording artists’ CDs including Deborah Coleman’s Soft Place To Fall (Blind Pig 2000) and Michael Burks’ I Smell Smoke (Alligator 2003). Gibson has received awards including Blues Music Award Nominee (2006), Beale Street Entertainer of the Year (2005), NARAS Memphis Premier Player Award (2003) and West Tennessee Bluegrass Harmonica Champion.
The Excellence in Construction Awards dinner is Thursday, November 8 at the University of Memphis Holiday Inn. Cocktails are at 6 and dinner at 7. Tickets are $75 per person or $500 for a table of 8. Sponsorships are also available.
NLRB Rules Applicants Must Have 'Genuine Interest' in Employment
In a major victory for merit shop contractors nationwide, the National Labor Relations Board (NLRB) Sept. 29 ruled that an applicant for employment must be genuinely interested in seeking to establish an employment relationship with the employer in order to be protected against hiring discrimination based on union affiliation or activity (Toering Electric Co., 351 NLRB No. 18). The National Labor Relations Act (NLRA) prohibits employers from refusing to hire or to consider an applicant because of union considerations.
The decision deals a potential major blow to current union salting practices, the intentional placement of trained union professional organizers and agents in a merit shop facility to harass or disrupt company operations, apply economic pressure, increase operating and legal costs, and ultimately put the company out of business.
In its decision, the board stated that “submitting applications with no intention of seeking work but rather to generate meritless unfair labor practice charges is not protected activity [under the NLRA]. Indeed, such conduct manifests a fundamental conflict of interests ab initio between the employer’s interest in doing business and the applicant’s interest in disrupting or eliminating this business. “
As a result, the board imposed on the NLRB General Counsel in all hiring discrimination cases the burden of proving that the alleged discrimination was genuinely interested in seeking to establish an employment relationship.
“The board’s experience has shown that in some hiring discrimination cases, particularly those involving ‘salting’ campaigns, unions submitted batched applications on behalf of individuals who were neither aware of the applications nor interested in obtaining employment with the employer. Their applications, sometimes accompanied by conduct plainly inconsistent with an intent to seek employment, were submitted solely to create a basis for unfair labor practice charges, and thereby to inflict substantial litigation costs on the targeted employer. The absence of a clear and consistently applied requirement that the general counsel must prove an applicant’s genuine interest in securing employment has opened the door to these abusive [salting] tactics,” the board stated.
Smoking Restrictions, Background Checks Go Into Effect
Beginning October 1, 2007 the Tennessee Department of Labor & Workforce Development and the Tennessee Department of Health will began enforcing the Non-smoker Protection Act. TOSHA will assure that employers’ are in compliance with the Act on each worksite they inspect. The Act bans smoking in all public places, including workplaces (with the exception of private clubs, age restricted venues and designated smoking rooms in hotels) in the state of Tennessee.
TOSHA compliance officers will be looking for the following, while conducting jobsite inspections:
· Does the establishment have the appropriate “No Smoking” signs or symbols that are clearly and conspicuously posted at every entrance? This includes job trailers found on most construction job sites. It also includes the building being constructed after the exterior walls and windows have been installed.
· Has the prohibition on smoking been communicated to employees either by way of postings, meetings, or some other form of communication such as e-mail?
· Is there evidence of smoking within the establishment such as observing someone smoking or ashtrays with burnt cigarettes, etc?
· If the establishment has an outdoor designated smoking area, is it sufficiently located away from doors, windows, air conditioning intakes, etc., so that no smoke infiltrates back into the enclosed areas where smoking is prohibited.
If an employer is found to be in violation of any of these standards, according to law they may be fined up to $500 for each day a knowingly violation of the Act occurs.
In July, but largely over-looked by contractors, a new law went into effect requring background checks for employees who come into contact with children. Contractors are responsible for conducting background checks on any employees who are required to come in contact with children directly or who will be required to be on school grounds when children are present. Employees with sexual offenses cannot be permitted to work on these jobs. This provision only applies on school and child care-related contracts. If employers have met their requirements, then the employer is not liable for independent, unauthorized actions of the employee.
As always, please check with your company legal counsel for further advice.
