ALI Course 16 is âSold Outâ
MCAAâs Advanced Leadership Institute (ALI) Course 16 is sold out with 38 accepted into the course. If you would like to be placed on a wait list, please contact Dennis Langley.
Archives: News Items
Department of Labor Releases Proposed Rules on Paid Sick Leave
The Department of Labor (DoL) has released proposed rules on Executive Order 13706 requiring direct federal contractors, prime contractors and subcontractors to provide accrued paid sick leave for workers on federal contracts at the rate of one hour of paid leave for every 30 hours worked, with no caps below 56 hours per year permitted. The leave carries over from year to year.
MCAA led a coalition of members and the representatives of the Construction Employers of America (NECA, TAUC, SMACNA, FCA International, and ICE-BAC) in commenting to DoL during a Listening Session last December. Follow-up written comments were submitted to the Office of Management and Budgetâs (OMB) Office of Information and Regulatory Analysis, which analyzed the Executive Order in hopes of gaining an exemption for workers covered by a construction collective bargaining agreement. OMB/OIRA granted MCAAâs request for a meeting to discuss the joint MCAA/CEA position on February 11. The proposed regulations were released two weeks later, with only a few elements reflective of the coalitionâs position. At the February 11 meeting, the DoL and OMB regulators noted several areas of interest in the coalition position, and urged the group to comment to that effect in the comment period. MCAA and the coalition will be submitting further comments before the comment period ends on March 28, based on the written positions described above and other elements in the regulatory proposal. Interested members can use the written material at the links below to file their own comments. Go to the link below to access the EO13706 Paid Sick Leave proposal. Also, the MCAA/CEA written comments may be useful for state and local coalition efforts to address paid sick leave proposals that are coming up frequently in state and local legislative proposals across the country. In many of those instances, local construction coalitions have been successful in gaining an exemption from the paid sick leave requirements for construction workers covered by collective bargaining agreements.
Tom Brady on Peyton Manning
“Congratulations Peyton, on an incredible career. You changed the game forever and made everyone around you better.”
MCAA 2016 will celebrate the fact that, together, we have made MCAA better than ever. Can you think of a more appropriate speaker at our Opening Session (just two weeks from today) other than Peyton Manning? We can’t.
See you in Orlando! We guarantee an awesome convention!
Build a Stronger Team
MSCAâs Growing and Developing Service Supervisors program (April 28-29, Brookfield, WI) will help supervisors understand how to coach, mentor, manage, and motivate their technicians. Each attendee will receive a comprehensive manual containing more than 100 forms and worksheets to use for day-to-day responsibilities in areas such as safety, operations, training, tools, and vehicles. Sign-up for this program at the link below.
Piping & Service Industry Coalition of Western New York Contributes to MCERF
The Piping & Service Coalition, a Western New York partnership of more than 50 contractors and nearly 1,000 highly-skilled union craftspeople represented by Plumbers & Steamfitters Local Union No. 22, has made a $25,000 pledge to the Mechanical Contracting Education & Research Foundation (MCERF), a first-ever labor-management contribution.
The pledge will be paid in five $5,000 installments over the next five years, the first installment was presented earlier this month.
Robert Beck, president of John W. Danforth Company (Tonawanda, NY), and a proud member of the coalition, told MCERF ââŚthe mission of the P&SIC is the promotion, advancement and education and training of the piping and service industry.â He noted that the coalition saw common values between themselves and MCERF in their mutual commitment to member education, which is what convinced them to make their pledge.
MCERF President Mark Rogers and the Board of Trustees expressed their deep appreciation for the generous support and the coalitionâs commitment to education. Find out more about MCERF programs and how they benefit our industry by clicking on the link below.
Indoor Environmental Services Contributes to MCERF
The Mechanical Contracting Education & Research Foundation (MCERF) received a $5,000 contribution from Indoor Environmental Services, Inc. (Sacramento, CA).
The MCERF Board of Trustees is very grateful for the contribution, which helps the Foundation continue its education and research programs that help our industry thrive and grow. Find out more about how MCERF is working for you and then donate by clicking on the link below.
John W. Danforth Company Contributes to MCERF
The John W. Danforth Company (Tonawanda, NY) has donated $50,000 to the Mechanical Contracting Education & Research Foundation (MCERF) for a memorial scholarship established to honor the Reilly Family.
The Reilly Family Memorial Scholarship will be awarded in $5,000 annual increments to a worthy student for the next 10 years.
The MCERF Board of Trustees is very grateful for the generous gift in support of future industry professionals. Find out more about the MCERF program, its activities and the support it continues to provide to advance the industry through education and research.
MCAA Leads Industry Group Seeking Industry Exemption from Paid Sick Leave Executive Order
An MCAA-led industry group provided analyses to the Office of Management and Budget (OMB), Office of Information and Regulatory Analysis (OIRA), and the Department of Laborâs (DoL) Wage and Hour Division as part of its efforts to obtain an industry exemption from President Obamaâs Executive Order 13706ârequiring paid sick leave accrual for those working on federal contractsâfor employees covered by a collective bargaining agreement who are working on direct federal construction and federal facility HVAC service contracts.
MCAA representatives Adam Snavely of The Poole & Kent Co. (Baltimore, MD), Chip Mitchell of the Kirlin Group (Rockville, MD), Steve Weissenberger of MCA-Maryland, Bob Battista representing the MCA-MD and MCA Detroit and MCAA General Counsel John McNerney met with OMB/OIRA/DoL officials on February 11 to discuss the rationale for providing a collective bargaining exemption in the upcoming EO 13706 regulatory proposal.
MCAAâs position, also supported by the Construction Employers of America, laid out an analysis of ways to implement EO 13706 that are consistent with federal procurement, labor, and regulatory implementation policies. MCAAâs effort is aimed at gaining a favorable regulatory approach before a proposed regulation is published, rather than waiting for a proposed rule to be issued with less favorable options.
EO 13706 proposed regulations may be issued within the next month. MCAAâs initial letter to OMB and an outline of MCAAâs February 11 oral presentation are available by clicking on the links below.
2016 NCPWB Technical Committee Meeting Focused on New Technologies, Practices
The 2016 NCPWB Technical Committee Meeting (April 24-25, Ponte Vedra Inn & Club, Ponte Vedra, FL)Â featured presentations about the latest developments in welding technologies, materials, equipment and processes.
Brandon Boyd and Josh Wilson of Mathey Dearman, Inc., a manufacturer of pipe fabrication tools, explained how modern technology is affecting the productivity, quality and safety of projects. Real-world examples of success and challenges and the development of new materials and alloys and their effects on processes and equipment were aso covered. Tim Gittens of Liburdi Dimetrics Corporation led a session about âOptimizedâ Orbital Welding, a process that can be used to isolate and manage welding process variables to produce defect-freeâor optimizedâwelds.
Plan on attending next year, April 23-26, in San Antonio, Texas.
New Comprehensive Inventory of Construction Industry Multiemployer Pension Plans Released
MCAA, in conjunction with Horizon Actuarial Services, LLC, has released the Fourth Edition (February 2016) of its comprehensive inventory and analysis of construction industry multiemployer defined benefit pension plans for all 790 construction industry plans covering the 2004 through the 2013 plan years.
In releasing the report, MCAA President Steve Dawson said, âMCAA is extremely proud to partner with one of the premier actuarial firms in the industry, Horizon Actuarial Services, LLC to bring this ground-breaking work forward and maintain it on a periodic basis for the benefit of the industry⌠Before MCAA and Horizon began this collaboration, this type of comprehensive in-depth analysis of the Form 5500 database was not availableâŚ.â
The report examines trends in plan demographics, cash flows, investment returns, funding status, and other plan costs and expenses over the plan years, which represent the most current Form 5500 data completely available for compilation and analysis.
The Inventory shows continuing steep challenges to the sustainability of the multiemployer system with long-term adverse demographic challenges remaining intractable, with fewer than seven active contributing employees for every 10 participants in the median plan data.
The Inventory data document the continuing need for Congressional action to enact reformsâsuch as the Solutions Not Bailouts legislative reform proposal. The proposal allows trustees to choose alternate plan designsâcomposite plansâthat will build greater resilience and sustainability into the future of the valuable multiemployer defined benefit plan system for the industry workforce, sponsoring employers, and participants and beneficiaries of the plans. The Solutions Not Bailouts alternate plan design proposal option is strongly backed by MCAA and the National Coordinating Committee for Multiemployer Plansâ (NCCMP) legislative coalition.
Read the full news release about the Inventory at the link below. The Inventory is available as a free download to MCAA and MSCA members.
Mechanical Inc. Contributes to MCERF
The Mechanical Contracting Education & Research Foundation (MCERF) recently receives a $5,000 contribution from Mechanical Inc. (Freeport, IL), raising its total contributions to $12,500.
The MCERF Board of Trustees is very grateful for the support which enables the Foundation to continue its education and research activities that help our industry grow and thrive. For more information about MCERF, please click on the link below. And, while youâre considering a donation, please think about designating up to 50% to the MCERF Scholarship Fund to encourage and help our industryâs future professionals fund their education.
Next Green Building Webinar Takes on Water Conservation for Buildings
If the building your company is helping construct may face a water crisis, plan to participate in the next Green WebinarâWater Crisis: Pushing the Limits of Building Water Conservation on April 14, 1:00 p.m.
Whether water resources are unreliable, contaminated, too expensive, or a readily available luxury, our buildings will continue to face increased demand for water conservation while serving increased occupant loads. During this webinar, Courtney France of France Sustainable Solutions will explain how green buildings are responding and performing under this challenge. You will come away with a better understanding about some of the most progressive sustainable water strategies and the role they play in our built environment. You will also learn how those strategies will impact contractors. This webinar is free as a benefit of MCAA and MSCA membership.
Missed the January 14 Construction Apps Webinar?
No worries! You can view it by clicking on the link below.
You will want to learn from Ron McKinney (Atlanta, GA) about how mobile technology and apps have changed the five major construction workflowsâplan management; daily reporting; progress photos; time entry; and safety documentation. This webinar is free as a MCAA/MSCA membership benefit.
Labor Department Releases New Guidance Affecting Misclassification of Employees
Labor Department Wage and Hour Administrator Dr. David Weil released a new Administratorâs Interpretation 2016-1: Joint Employer under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
This interpretive guidance, with less significance than a regulation, has primary significance to the construction industry as a way to stem rampant misclassification of employees as independent contractors, an unfair competitive advantage that some non-signatory firms have over signatory employers. This guidance also affects only wage-and-hour compliance and is separate from the controversy surrounding the new National Labor Relations Boardâs (NLRB) joint employer ruling that is roiling unorganized firms in the context of union organizing efforts. In either case, the NLRB or Labor Departmentâs single employer policies have very limited application to union-signatory Section 8(f) contractors or prime contractors in the ordinary course of construction industry construction prime contract and subcontract commercial contract performance. Following is an example from the DoL Guidance derived from the air conditioning service industry:
A mechanic is employed by Airy AC & Heating Company. The Company has a short-term contract to test and, if necessary, replace the HVAC systems at Condor Condos. The Company hired and pays the mechanic and directs the work, including setting the mechanicâs hours and timeline for completion of the project. For the duration of the project, the mechanic works at the Condos and checks in with the property manager there every morning, but the Company supervises his work. The Company provides the mechanicâs benefits, including workersâ compensation insurance. The Company also provides the mechanic with all the tools and materials needed to complete the project. The mechanic brings this equipment to the project site. These facts are not indicative of joint employment of the mechanic by the Condos.
Click on the link below for the entire DoL release. Within that material is an example of a DoL enforcement action against a drywall firm for misclassification in that industry. Some comments indicate that construction prime and subcontract commercial contracts can be revised to address or defend against adverse application of these rules in the commercial contracting business. An initial analysis of those comments shows that regulators (see example above) are focused on the workforce realities of worker conduct and supervision, and boilerplate contract or subcontract terms will not be an effective defense against an adverse determination finding on a factual application of the single employer rules in either a union election process or a wage-and-hour misclassification context.
Latest MCA of Chicago Pledge Pushes MCERF Contributions to $500,000
The MCA of Chicago has recently completed its $375,000 pledge to the Mechanical Contracting Education & Research Foundation (MCERF) with a final $10,000 contribution. But the associationâs generosity isnât stopping there. Recently, the MCA Board of Directors decided to renew its pledge for another ten years, beginning in 2017âŚin the amount of $125,000, raising its total contributions to $500,000!
MCA of Chicagoâs Steve Lamb noted, âMCA of Chicago is firmly committed to the guiding concepts of the Foundation, and we are pleased to be the first local affiliate to attain the half-million-dollar mark in helping to pursue these goals. We hope that in doing so, we encourage other affiliate organizations to participate financially in this most worthwhile enterprise.â
The MCERF Board of Trustees is very grateful for the associationâs commitment to and support of the Foundation, which will ensure the continuation of its education and research programs that help our industry grow and thrive.
Help Us Help You…Contribute to MCAA PAC
MCAAâs 2016 advocacy efforts need your help. Donate to the MCAA PAC, a critical factor to our success in moving forward legislation that positively affects your business.
MCAA PAC needs your contributions to help us gain the support we need in Congress for multiemployer pension reform Phase 2, procurement policy, immigration reform, energy policy, apprentice training and much more. Make a real difference for your companyâs future by contributing to MCAA PAC. Click on the link below for information and donation instructions.
UA and MCAA Submit Joint Comments on New Apprenticeship Regulations
UA General President Bill Hite and MCAA President Steve Dawson submitted joint UA/MCAA comments on the Department of Laborâs new broad non-discrimination and affirmative action requirements for federal and state registered joint apprenticeship and training programs.
Marking yet another positive and constructive advance in joint UA/MCAA public policy advocacy during the Hite Administration, the joint comments advise the Department of Labor (DoL):
âThe UA and the MCAA share the Departmentâs commitment to ensuring that apprenticeship and training and job sites where UA apprentices and journeypersonsâ work are free from discrimination. The UA/MCAA further believe that all applicants for admission to the UA/MCAA apprenticeship program should be treated fairly and evaluated on their ability, skill, and potential to successfully complete an apprenticeship program, and not on their race, ethnicity, age, gender, gender identity, or disability.â
The comments then present a detailed analysis of the many potentially severe unintended consequences that the proposed rulesâ assumptions may present for the sustainability of the registered apprenticeship training model; for instance, the broad assumption that any program that doesnât perfectly match the racial, ethnic, and sexual identity of the Census data for the corresponding recruitment area is then suspected of tolerating discrimination or other barriers to the entry of âunderutilizedâ populations of potential recruits.
The comments rebut that assumption with a number of factual statements and a test case showing that an applicantâs interest in the employment opportunity, the nature of the work and the skills, training and certifications required are the primary influences on whether individuals in a particular Census category choose to seek entry into apprenticeship programs.
The comments also contest the underestimated paperwork costs and the fiduciary questions trustees may face if the compliance costs outweigh the benefits to the program in particular areas.
The UA/MCAA comments ask the DoL to suspend the rulemaking or withdraw the proposed rules and engage in further fact-finding to avoid the potentially severe unintended consequences that seem to have been overlooked in the initial proposal.
MCA of Houston Contributes to MCERF
The Mechanical Contracting Education & Research Foundation (MCERF) recently received a $5,000 contribution from the MCA of Houston, raising its total contributions to $102,000.
The MCERF Board of Trustees greatly appreciates the support which enables the Foundation to continue its education and research programs that help our industry grow and thrive. While you consider your donations for great causes this year, be sure to include MCERF on your list. Click on the link below to find out why.
MCA of Eastern PA Contributes to MCERF
The Mechanical Contractors Association of Eastern PA (MCA of EPA), Blue Bell, PA, has contributed an additional $10,000 to the Mechanical Contracting Education & Research Foundation (MCERF) bringing its total contribution to $160,000. 
Tim Brink, Executive Vice President of the MCA of EPA, praised his association membership for its perennial support of MCERF’s efforts to fund education programs and activities for the mechanical contracting industry. Brink, who also serves as Treasurer for MCERF, said he particularly appreciates the Foundation’s support of student chapter activities and internships for his contractor members.
President of MCERF Mark Rogers, himself a member of the MCA of EPA, thanked the leadership and members of his association for their years of support of the Foundation.
For more information on MCERF, contact Dennis Langley (dlangley@mcaa.org).
Mueller Industries Contributes to MCERF
The Mechanical Contracting Education & Research Foundation (MCERF) recently received a $50,000 contribution from Mueller Industries, Inc. (Memphis, TN), the final payment on its $100,000 pledge.
Mueller is MCERFâs latest Partnership Enterprise member (those who have contributed at least $100,000)!
The MCERF Board of Trustees greatly appreciates the generous support which will allow the Foundation to continue funding programs that help our industry grow and thrive. Still thinking about making a donation? Click on the link below for more reasons to write the check.