BUSINESS MANAGER REPORT

Brothers and Sisters,

Welcome to a new beginning, a new era in Western New York. We find ourselves looking to the future, our future! By now you have heard about the merger of Local 463 into Local 17. This is a sad time for our Brothers and Sisters to the north. Let’s take this opportunity to grow our

two locals into one, a stronger more diverse entity. Together we will take our unified membership forward, and become stronger and more effective in growing our local now and in the future. I would like to welcome aboard a new business representative Mark Printup and office personnel Tammy Payne and Holly Hatch. Mark’s knowledge of Niagara County, along with Tammy and Holly’s knowledge of our new members will be essential for a smooth transition. Travis Dietz will also be joining us as a new full time trainer working with Nat Reffner and Kelly Roblee for our Training Administrator Jim Smolinski Jr. We will also be gaining three apprentices from Local 463 training fund as our two funds merge. I want to thank everyone for their understanding and support during this transition.

What a great day we had at the St. Patrick’s Day Parade. A bit cold but, near record turnout with almost 100 strong signing in, clearly the largest group of the parade and the best looking I might add. Next up is our Family Fishing Derby on June 23rd, 2019 at 1:00pm. Registration starts at noon, refreshments will be served and prizes will be awarded as always. Flyers will be sent out for all of our summer events in the very near future.

The Union Office has set up a computer in the dayroom for member use. This computer is available to help with unemployment and training class enrollment. This request was made at a recent membership meeting to help members who don’t have a computer.

In closing, always remember “United We Stand, Divided We Fall.” We can move mountains when united; without unity we are victims. Let’s stand together.

Fraternally Yours,

Gary Swain Business Manager

Business Manager Report .................. Cover Executive Board Members .......................... 2 Political Action Committee Report ............ 2 Hoisting & Portable ................................... 3-5 Referral List Registration ............................. 4

Training Fund Report .................................... 6 IUOE Local 463 ............................................ 7 Stationary Engineers ................................. 8-9 Organizer’s Report ..................................... 10 Upcoming/Current Events ........................ 11

VOLUME 6

Labor Union5959 Versailles RoadLake View, NY 14085

Training Fund2342 Pleasant Ave.

Lake View, NY 14085

Newsletter of the International Union of Operating Engineers Local Unions No. 17, 17A, 17B, 17C, 17D, 17RA & 17S VOLUME 6

Hello Brothers and Sisters,

I have to say the 2019 New York State budget process was not good for Local 17 or organized construction labor as a whole. We lobbied very hard for the new definition of public works to be included in the budget. This did not happen, however, it is still possible it will get done before the legislative session ends in June. We are very disappointed with the Governor over this as it was our understanding that he made it known he wouldn’t sign the budget if it was in there. I can only hope our representatives can get this thing done by June. The budget negotiation process also saw the “Extreme Weather Paving Program” reduced by 60 million dollars. This constitutes a 46% cut in funding. We don’t have a breakdown of how this affects Western New York’s share yet. Again our representatives are assuring us we will get some more by June. And yet again, even if we get the funding, the projects will be late to bid and more than likely very late to start, if even at all this season. We really hoped that we would be able to announce the end of “Design Build” projects in New York, however, they approved a 2 year extension to that legislation. We will continue to push for labor protections related to Design Build projects at every opportunity. This process has not been easy either with the State denying PLA’s on the Cashless Toll project and the I390/490 interchange project in Rochester. We have a big job to accomplish in this arena and we intend to be very aggressive in lobbying for these labor protections. Obviously, we are expressing our displeasure with the budget and will continue to do so. Especially when it comes time to endorse and fund candidates. Brothers and Sisters, we have a difficult political climate these days and we will work to simplify our message and position on issues and candidates going forward. Have a Great Season! Fraternally,

Bill Fekete President

Gary Swain Business Manager 

William Fekete President 

James Smolinski Jr. Vice President 

Martin Burchalewski Rec Corr. Secretary 

Stephen Palmeri Financial Secretary 

Kelly Roblee Treasurer 

Gerald Berdysiak Conductor 

Rebecca Schultz Guard 

Matthew Weldon Bargaining Committee 

Nathaniel Reffner Trustee 

Joseph Bratek Trustee 

Keith Lima Trustee 

Joshua Williams Auditor 

Paul Hopkins Auditor 

Henry Harder III Auditor 

EXECUTIVE BOARD MEMBERS

VOLUME 6

POLITICAL ACTION COMMITTEE REPORT

VOLUME 6

Brothers and Sisters,

Spring is here and as the weather breaks so does the start of construction season. Work opportunities are beginning to come, however, it is rather dependent on the weather. There have been some start and stop scenarios with conditions dictating schedules.

Through the first quarter of this year we have seen a marked

increase in work let out through Region 5 of the New York State DOT. There has been 26 million dollars of work let and the good news is all of these projects have been secured by our signatory contractors. Erie County has introduced an aggressive infrastructure plan with over 70 million dollars of road and bridge construction. As these jobs are awarded I will keep you posted.

Just to update everyone on some upcoming projects we have been keeping an eye on; the National Military Cemetery in Pembroke seems to have hit a wall. There is not a lot of information available but, it appears all of the bids were well above estimates and the Federal Government is seeking new funding. There is nothing new to report on the Design Build Cashless Tolls Project for the New York State Thruway but, the process is moving along. There still is a chance we could see another wind farm project this season but, we don’t have any solid information yet.

We have several projects continuing on in the area that have provided good opportunity for our membership. The project on the Peace Bridge has kept our members employed since September of 2016 and should wrap up sometime this spring or early summer. Nichols Long and Moore has had a sizable crew working since November on the Erie Canal in Orleans County and this work should continue through the middle of summer and resume again next winter. Oakgrove’s New York State Thruway project is going once again and will continue through the end of the season.

We are currently negotiating for successor agreements with IA Construction and New Enterprise Stone and Lime’s Franklinville pit. We will be entering into negotiations with the Western New York Independent

Building Contractors. We’re hoping for a smooth process and will keep you posted as things progress.

We have had a couple of important issues to deal with this off-season. First of all, the State is requiring training related to 811 mark outs for competent people on the job. Of course the legislation was written using poor language and this created a lot of confusion as to whether the equipment operator (our members) needed to be trained or not. After consulting the Public Service Commission it turns out the training is for the foreman or the superintendent on the job. The really big deal has been the implementation of a new crane standard by OSHA which was requiring our New York State crane license holders to also obtain a NCCCO certificate. There was a lack of communication between New York State and OSHA as to when this standard would be implemented which put us in a position to have to act very quickly.

We have finalized a successor agreement with Liftech Equipment Co. We are pleased to report the members there have a new three year agreement which includes some new classification language, new tool repair money and depending on classification and date of hire; increases vary from 2.75% to 4.6%. The agreement was ratified, proofed and signed.

We have also negotiated for a successor agreement for New Enterprise Stone and Lime Co. (Buffalo Crushed Stone) Franklinville Plant. We have reached a tentative agreement which is currently awaiting ratification.

With the announcement of the merger of Local 17 and Local 463 I would like to welcome our new members and wish them well. As a larger organization we will continue to adapt to the changes of the industry and overcome our obstacles.

Brothers and Sisters I hope we all have another prosperous and safe work season. Please keep us up to date on your work status so we can ensure no one misses an opportunity for employment. Our automated number for work status is (716) 627-2654. Remember to call the first of every month. Please work safely and have a good first half of the season.

Fraternally,

Bill Fekete Business Representative

HOISTING & PORTABLE

Brothers and Sisters,

Winter has come to a close and Spring is finally here. I hope the weather will cooperate to enable our contractors to get an early jump on the work season. It would be nice to be able to report that there was going to be another big wind farm project starting up some time soon, unfortunately, there are nothing but rumors. The Athenex project

is ramping up. The steel erection is completed. The last of the concrete is being poured. This will allow the mechanical contractors to start work there. Danforth has hired a sub-contractor called Oneida. They are a minority contractor who has put one of our members on a forklift. This was my hope from the beginning of this project. The Northland PLA job has a similar situation with a company called 34 Group. The forklift operator can service other contractors that don`t have enough work to keep an operator on the payroll full time. William T. Spaeder is finishing up all the utility work on the inside footprint of the building at Athenex. State Group was also awarded all the sidewalks and some other concrete work at Athenex. We do have an ongoing grievance against Excyte and St. George. We lost all the site work to St. George before the PLA was signed. However, they also did all the trenching for Ferguson Electric, for all the power to the lights for the roadways and parking lots. It`s Local 17`s position that the trenching is work that was awarded after the fact, and should fall under the PLA. I will keep the membership informed as the grievance process progresses.

Nichols Long and Moore will be the general contractor for a job at the Train Station in Buffalo. They will be building a temporary station, doing the demo of the existing station and the construction of a new passenger platform, station and high-level platforms and canopies. There will also be some asbestos and hazardous material removal. The site work has new parking, street modifications and site infrastructure. They will have a pre-job at the Building Trades before any work commences.

We have two (2) ongoing negotiations, IA Construction and New Enterprise Stone and Lime Franklinville. IA is much more difficult than New Enterprise because of the fact they brought absolutely nothing to the negotiation table, therefore you’re kind of bargaining with yourself. We have a tentative agreement with New Enterprise Stone and Lime Franklinville. Bill Fekete did a great job, as usual, we presented it to the members and they voted to ratify the new agreement. We were able to negotiate a pretty good wage increase, as well as more vacation time for the members.

As I`m sure everyone has heard we are merging with Local #463. This has been a rumor for over thirty (30) years, back when I was an apprentice. It`s our hope we can make this merger as smooth as possible. Please welcome our new members as the Union Brothers and Sisters that they are. I would encourage everyone to try and put yourself in their shoes. It`s my hope everyone has a prosperous year. Please be safe as the work season gets underway.

Fraternally,

Paul Hopkins Business Representative

VOLUME 6

HOISTING & PORTABLE

REFERRAL LIST REGISTRATION

Please call (716) 627-2654 to put your name on the referral list. Remember the list is updated monthly so you must call within the

first five days of every month.

HOISTING & PORTABLE

VOLUME 6

Josh Williams Auditor/

Business Representative

to streamline the permitting process making it harder for state agencies to intervene. The first order, called “Executive Order on Promoting Energy Infrastructure and Economic Growth” and is relevant to the Constitution Pipeline and other pipeline projects blocked by rogue states like NY. (Which Trump specifically called out.) This EO directs the Administrator of the federal Environmental Protection Agency to work with the states in performing a top to bottom review of section 401 of the Clean Water Act–the section that grants states the right to have a say in pipeline projects. The review will take no more than 60 days. The second EO deals with infrastructure crossings into (or from) other countries. It transfers reviews of such crossings from the State Department, which loves to review things for years, directly to the President. This EO is aimed at helping projects like the Keystone XL oil pipeline from Canada.

He was impressed with the training center and our organization. This will undoubtedly put us at some political crossroads come 2020.

Windfarm news has been quiet lately. The only remaining town to adopt the new wind law; Farmersville, had a board member resign last month. So now they will need to replace him before they can vote on the wind law. Let’s just hope for a pro-wind selection. Also, the projects arch enemy and anti-labor lawyer Ginger Schroder is running for Catt County legislature in November which may be trouble for the pilot program that Invergy needs for this project.

Don’t forget to call (716) 627-2654 to keep your name current on the out of work referral list. The list is cleared on the first of every month, therefore, it is important to call in on the first few days of each month. Let’s go make some money!

Fraternally,

Josh Williams Business Representative

Brothers and Sisters,

Spring is upon us and work is slowly starting to pick up. Most of our contractors have either picked up some new work or picked up where they left off last year. We are hopeful that more work is coming. Catco has broken ground on Niagara St., Oakgrove is back on the 90, and

Edbauer started the Rails to Trails in Tonawanda. Union Concrete and Kandey Co. are working at the Buffalo Airport baggage claim expansion project. Cerrone is in the final season at the Chautauqua County landfill and will have up to 15 operators on that job once the weather cooperates. CMH secured the contract for the Town of Cheektowaga and picked up a few water line jobs as well. We have also been busy negotiating gravel pit contracts and will be working on a new building contract soon.

The long-rumored news of the merger of IUOE Local 463 and 17 actually coming full circle has us excited. New opportunities will arise for members of all 5 counties of WNY and the addition of the members of that local union will undoubtedly strengthen us as a whole. I’m sad to see the 463 members lose their local number but welcome them and their 108 years of history with open arms.

Some big progress has been made on the pipelines and it looks like the NYSDEC is getting nervous about what’s coming next. A few months ago, the DEC asked FERC to reconsider the decision they made last August about NY taking too long to issue the 401 permit for Northern Access. Well on April 2nd, FERC ruled that they were right the first time. NYDEC then sent a letter to FERC stating that if they decide to rule the same way on the Constitution Pipeline and now give the project a go-ahead, the DEC intends to rain down all sorts of legal hell on the agency. Most recently, President Trump visited our International Training Center in Crosby TX. He signed two executive orders

VOLUME 6

TRAINING FUND REPORT

2019 Winter Training Classes Are Now Complete! This year the Training Fund offered 38 classes ranging from 40 hr. Hazwoper to 32 hr. HMA Paving and Roller Safety.

2019 Offsite Community Service Training Projects Have Begun! BSRA Rowing Club - Dock installation & removal Hamburg Beach - Boat Launch dredging Woodlawn Beach - Spring Break clean-up Cattaraugus Co. Sheriffs - Complete Rifle Range Chautauqua Veteran’s Memorial - site excavation

SAVE THE DATE: October 2nd and 3rd are the dates for this years 13th Annual WNY Construction Career Days

Update and Improve your Skills: Call the training school @ (716)627-2311 to reserve and schedule use of any equipment.

CONGRATULATIONS to the 2019 Graduated Apprentices!! Allison Bennett, Cavan Callaghan, William Green, Kevin Schroeder

and Joseph Travers

VOLUME 6

IUOE LOCAL 463

It is an exciting time with the announcement of the merger of Locals 17 and 463. Local 463 in its territorial jurisdiction of Niagara County has a long history of effecting change in the construction industry on which we should reflect. Local 463 was chartered in 1911 to provide construction equipment operators an effective voice in shaping the working conditions for the time and many years to come. Niagara County of the day and for decades to follow enjoyed a robust, ambitious economy that was really independent of neighboring areas. Local 463 started out as most IUOE Locals, very small with few members, providing highly skilled people to the maintenance and construction projects related to the chemical industry driving the Niagara County economy. In 1957 Local 463 enjoyed a construction project of historic proportion, the construction of the New York Power Authority’s hydro-electric power plant. This project caused Local 463’s membership to grow to AAAA. As has always been tradition Local 463 provided highly skilled members to perform a vast array of jobs related to the project. Again, in the 1970s the Local was blessed with the construction of another electric power plant in Sommerset, New York. This again, required a surge of membership to complete the project. In the case of both of these projects Local 463 also had to provide members to support all the other work still going on in Niagara County. During all of these years of prosperity, Local 463’s leadership with support of the membership increased the wages and benefits and implemented working conditions of the highest caliber. As in any case of economic down turn or slow down, employers looked to erode negotiated conditions. The membership and leadership of Local 463 has successfully fought very hard to limit this erosion and has secured the craft for many years. Now with the merger of two great IUOE Locals, the mission is to ensure this fight continues. The combined membership and leadership will work together to maintain jurisdiction, increase wages and benefits, improve conditions and foster growth of the membership. With the support of the International Union of Operating Engineers, these combined memberships will succeed as they have in the past.

STATIONARY ENGINEERS

VOLUME 6

Brothers and Sisters,

At Clarus Linen Systems we met with the owner to discuss the bankruptcy filings Clarus has submitted and to get a better understanding of his intentions with the plant on Grider Street and its possible effects to Local 17 members. He assured us this will not have any affect to our members, they are needed for the operation of the plant. Clarus, who has closed plants in the

South, is looking to revamp the Grider Street plant and even expand the operations to not just include hospital linens but, to also include nursing homes and different medical clinics operated by the hospitals. He asked if we could extend terms and conditions of the CBA for three months. By this time the bankruptcy procedure should be over and they will have a better understanding of where they stand. He did sign a contract extension confirming all monetary increases will be retroactive to the expiration date of the CBA which is April 12, 2019 and we have a bargaining date scheduled for April 23rd. Proposal forms have been sent to our members and we will soon be meeting with them to discuss.

At the City of Buffalo we had a meeting with Veolia and members who are MAW’s (Maintenance Assistants Water). Veolia is a third party company who runs the Water department for the City of Buffalo. The meeting was in regards to Veolia changing the MAW’s shift from the morning shift to a swing shift. The employer feels this will help improve daily operations. Our members are against the schedule change because of the disruption in their personal lives, however, the City can change employee schedules with a five-day notice. We pleaded our case with the employer and explained these individuals applied for the MAW position knowing the hours of work,. Many of the guys have kids at home and this shift was ideal for working around their spouse’s schedule and not having to enroll kids in day care. This is an entry level position and the City has a hard time keeping individuals in this position as they constantly bid out into different positions and by changing the MAW schedule, you will just force these guys to bid out into different positions with other locals sooner which will not help operations but make it worse. Veolia wrote down all of our concerns and suggestions and for now there has been a freeze on the shift change. They did send us a follow up email asking if we had any concerns

about the City hiring additional MAW’s to work on a rotating shift. We replied back letting them know this was acceptable as long as the CBA was being followed and the positions were posted in house, before going to the outside to fill.

We met with the City of Buffalo in regards to a dependent verification process they are looking to roll out in June or July. The City is looking for documentation verifying dependents on employee health insurance plans. These documents may include marriage or birth certificates and if employees do not have these items, can obtain them from the City Clerk’s office and all fees will be waived for the verification process. One example the City mentioned was: they are looking to put a stop to employees claiming their ex-spouse on the health insurance due to divorce decrees, it is illegal for individuals to claim an ex-spouse on health insurance as a dependent, this would be an additional cost for employees to do so and is very costly for the City. Local 17’s biggest concern was the City going after members for back costs associated with any violations that may have occurred and the City is looking into offering amnesty for all city employees. Before any letters go out, the employer will contact Local 17 and inform us of their decision. The City is just performing its due diligence. They are looking to put a stop to unnecessary costs. I will provide further updates as they become available

Brothers Swain, Palmeri and I attended a Stationary Symposium at the International Training and Education Center in Crosby, Texas. There were locals from around the country who participated in these meetings. The symposium was put together to help the training center improve its stationary classes and take suggestions towards purchasing more training equipment to better serve our membership. One of the suggestions put forward is the ITEC will set up a so called clearing house for information pertaining to training programs and ideals that have worked for locals. This information will be made available to all locals in the International through the Blackboard app. Advertising and equipment vendor agreements were also discussed to further the objective of improving the program. An advisory board will be created and meet several times a year to oversee the process and ideas that was put forward at this symposium.

Fraternally,

Martin Burchalewski Business Representative

STATIONARY ENGINEERS

Brothers and Sisters,

At the Buffalo Grand, our members ratified a new three year agreement. Members who already received substantial wage increases in August 2018 will receive an additional 3% per year, per years of the agreement. There is a $1.00 per hour shift differential on the third shift, $.25 shift differential on the second shift, previously

there was no shift differential offered on the second shift. Members having $1.25 diverted from their weekly paychecks into the CPF will now receive contributions from the employer, the employer has agreed to contribute $.60 of the $1.25 and our members will contribute $.65. The employer has agreed to give members one additional floating holiday per year, members who have 10 years of service will now receive four weeks of vacation. Full-time employees who average at least 30 hours per week will receive a yearly tool/boot allowance of $200. Employee contributions into the health insurance premium has dropped from 37% to 25% and the employer agreed to participate in the IUOE National Training Fund with a contribution of $.5 per hour per employee and will pay members up to five days per year to attend. It will be mandatory for all employees to attend one training session per year.

The Buffalo Zoo HR Director reached out with concerns about members not signing off on Zoo policies and as we discussed with them several times in the past, policies effect terms and conditions of employment and are a mandatory subject of bargaining. The HR Director understood our stance and asked if we could review an evaluation form which has been given to members for years and wanted them to sign. After looking the form over and sharing with our attorney it was suggested if members sign they can put next to their name not in agreement or in protest and our members along with the Zoo were ok with this.

Contract negotiations between the City of Buffalo School District and the BSEA are progressing very slowly. I know BSEA members are very concerned about the outcome of these negotiations as are we and as soon as any information is available to share, we will do so.

At the M&T Data Center our members work 12 hour shifts on Saturday and Sundays for straight time pay. By working 12 hour shifts this gives members the ability to have one weekend off during the month, otherwise they would have to work every weekend due to staff sizing. Nothing in the contract talks about 12 hour shifts only 8 hour shifts. The Employer asked if we could put something together to reference 12 hour shift work on weekends or members may have to go back to working 8 hour shifts. After talking this over with our Steward to confirm the practice and get a better understanding, we put together an MOU (Memorandum of Understanding) which has been signed by both parties.

Fraternally,

Stephen Palmeri Business Representative

VOLUME 6

CHANGE OF ADDRESS REMINDER

If your address or phone number has changed please update

your information with our office personnel at (716) 627-2648.

VOLUME 6

ANNOUNCEMENT FOR ALL DUES PAYING MEMBERS

As of January 2019, Dues payments can be made on our website via credit card!

Visit iuoe-17.com and click on Resource Center

Hello from the new Local 17 Organizers, Courtney and Bob. We’ve been getting out there, trying to spread awareness of the IUOE locally. From attending recruiting events to showing our own members and members of other unions our solidarity- we just wanted to update you all a bit.

We attended the Coalition for Labor Union Women’s annual breakfast, which had a fitting theme this year of “women in the trades.” Courtney was able to speak on a panel about her experience working in construction, and touch on some of the benefits of being a union tradeswoman.

At Maple Grove Jr./ Sr. High School hundreds of students from grades 8 through 12 passed through to learn about different careers in construction, and hopefully a few of them are now aware of the Operating Engineers. While some may not be ready to make a career decision, the exposure to jobs in stationary engineering and heavy equipment operating is critical at this age.

We’ve continued to visit and survey our members to include you in our organizing activities, and to get to know all of you. Most

recently we visited the engineers at Smucker’s that produce Milk-Bone products, which was a sight to behold. We were greeted by massive silos on the outside, and pristine equipment on the inside. Their two apprentices, Erich Enser and Jeff Kish, are currently enrolled in the Buffalo Adult Education boiler license class and excited to potentially take courses at the training facility in Texas.

Finally, for all of our school members, we’d like you to get to know your steward, Tim Brown. Tim’s been a union member and school employee at the Stanley Makowski Early Childhood Center for over 23 years. He’s stepped up to the position of steward, essentially your voice and representative at the work place. Meet him at the May 16th quarterly stationary meeting. You can contact Tim at (716) 440-5715 or email at timothybrown1700@gmail.com. We are also looking for up to three more stewards to represent our school members, so please get in touch if you want to hear more about what this very important position entails.

ORGANIZER’S REPORT

UPCOMING/CURRENT EVENTS

Tuesday, April 30th, 2019

Pension Seminar @ 6PM @ IUOE Local 17 Union Hall

Thursday, May 2nd, 2019 Union Meeting @ 7PM @ IUOE Local 17 Union Hall

Tuesday, May 21st, 2019 Coffee and Conversation @ 9AM-11AM @ IUOE Local 17 Union Office Dayroom

Thursday, June 6th, 2019 Union Meeting @ 7PM @ IUOE Local 17 Union Hall

Tuesday, June 18th, 2019

Coffee and Conversation @ 11AM-1PM @ IUOE Local 17 Union Office Dayroom

Sunday, June 23rd, 2019 Fishing Derby @ 12PM @ IUOE Pond behind Union Office

Sunday, July 28th, 2019 Golf Tournament @ 7AM @ Chestnut Hill Country Club

VOLUME 6

Edited by: Tiffany Wolf

PRSRT STDU.S. POSTAGE

PAIDBUFFALO NY

PERMIT # 3899

International Union of Operating Engineers5959 Versailles Road • Lake View, New York 14085

Affiliated with AFL-CIOLOCAL UNIONS NO. 17, 17A, 17B, 17C, 17D, 17RA & 17S

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