Selectmen Approve Walsh Labor Contract

The Board of Selectmen unanimously approved a ​“Project Labor Agreement” (PLA) for the Walsh Intermediate School project at a recent meeting, despite opposition from the Associated Builders and Contractors of CT Inc. (ABC), a trade association made up of 200 companies that are supportive of the Merit Shop philosophy.

A PLA is a pre-hire agreement that covers terms and conditions for people performing work on a specific public works projects. According to Chris Fryxell, president of ABC, it stipulates specific requirements not found in most construction contracts, including adherence to union agreements.

Lynn Fusco, president and CEO of Fusco Corp.(pictured), construction manager for the Walsh project, proposed using the agreement at the last meeting of the Public Building Commission. It is up to the Board of Selectman to approve the contract, which is between Fusco Corp. and the New Haven Building and Construction Trades Council. Click here to read a prior story.

Fusco Presents Her Case

Fusco presented her case to the Board of Selectman, citing her firm’s 94 years of experience and ability to handle projects in the $30 million to $100 million range.

“Without over-dramatizing, it’s a very complicated, challenging job. It’s occupied. There’s kids in there,” said Fusco. She stressed the safety of the students, while incorporating the project as part of their curriculum. ​“And making the sequence of the project ​‘crackerjack,” she said.

She said there are three components to the job – remediation, mechanicals, and sitework. ​“There’s a lot of ​‘skin’ in the game,” she said. ​“It’ll make it easier for me to deliver the job if we use a PLA.”

She added, ​“Construction is all schedules and budget,” she said, and the need for ​“uninterrupted man (and woman) power.” She said the Walsh project involves a ​“tight sequence” of work that must begin this summer. The biggest advantage of a PLA is the no strike clause, she said, especially since contracts are coming up for various trades.

She said that PLAs are good for residential businesses, offering them the opportunity to bid and work if they sign a PLA.

Fusco noted that unions are good for women, offering them an opportunity to learn and expand their earning potential. The ​“Pathways” program allows women to learn a trade at no cost, while having childcare and transportation covered.

Attorney John Fussell, who represents building and trade unions, said that projects such as Walsh have ​“a lot of moving parts and coordination” and that a PLA enables such coordination. ​“They’re perfectly legal,” Fussell said, ​“And meet all standards and state statues.” He listed various large companies and educational institutions that had successful used PLAs.

He added that the building trade unions have invested in training and there’s a high level of quality, noting that they’re used extensively within school construction.

“Talk to people who have used PLAs,” he said. ​“It’s a good public policy.

Chris Cozzi, president of New Haven Building Trades described the organization’s training and apprenticeship programs for veterans. ​“There are specific programs that train for a specific craft,” he said.

He said the Helmets to Hardhats program allows veterans direct entry into the workforce; career fairs offer opportunities in the building trades for college-educated graduates with loans.

Speaking in support of the PLA, First Selectman Jamie Cosgrove stressed the importance of the tight schedule and ​“critical path items” in the project, which is the biggest the town has undertaken. He cited the benefit of the uninterrupted manpower, no strike/work stoppage clause, and available workforce. He said such an agreement would ​“mitigate the risk” given the schedule.

Selectman Jack Ahern asked about the role of local businesses and workers using under the PLA agreement. Fussell said that while they don’t have to be union members they do have to sign the PLA agreement. ​“That’s what makes it work smoothly,” said Fussell.

Cosgrove noted that managers, off-site workers, and public utility workers would be exempt.

Challenge to the PLA

ABC believes PLAs are a discriminatory practice that takes opportunity away from open shop contractors. Fryxell said members are composed of family-owned businesses. ​“They want to use their own employee they know and trust …and don’t want to abide by union rules.”

He does not believe that non-union labors are not skilled… 80 percent is non-union, adding that the number of contractors will be limited. ​“By limiting competition, you’ll face higher costs,” he said.

“PLAs are not a guarantee that a job will be done on time, on budget,” he said. ​“We want the ability to bid fairly on this project.”

Bryan Addy, vice-president of Kronenberger Restoration and chair of ABC, said that PLAs contain a lot of ​“crafty” language. Kronenberger restored the exterior of the Blackstone Library about 10 years ago. He said if the Walsh project goes to PLA, he will not bid it, despite the fact that his company has been involved in various school projects. He added that ABC members are trained, licensed, and professional. Speaking from his experience as a union-based estimator, he said that limited competition results in higher prices.

Addy said he is also chair of the Building Committee in Rocky Hill, which has overseen the construction of two schools, one at $50 million and the other (now bidding) is $48 million. He said that the Connecticut Human Rights Commission has stipulated labor requirements and that according to the Department of Administration Services only 214 of its 2,500 certified contractors are union; of the 29 DAS contractors in Branford only three are union. Addy said that a lot of qualified non-union contractors (citing Controlled Air, Pat Munger, and A. Secondino, all of Branford) will be left out of the bidding process.

In an email prior to the meeting, Fryxell wrote, ​“The point is simply that a PLA cannot guarantee success or guarantee hiring goals, timelines or budgets are met. So why would government preclude 80% of the construction industry from bidding on a project? Government should remain neutral as to the labor affiliation of contractors bidding on public work. A PLA discriminates based on labor affiliation. The project ought to be bid openly and fairly.

Cosgrove commented that he had received positive responses to the PLA from a neighboring town.

Tom Brockett, RTM representative from the Seventh District, who lives adjacent to Walsh, spoke in favor of the PLA and praised Fusco as ​“the finest construction manager in the state of Connecticut.”

Cosgrove noted each project is looked at differently and that the PLA would not affect the overall cost of the project. Ahern motioned that the PLA be accepted and the Board approved the proposal.

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