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Pro: Rules promote safety
New regulations in Massachusetts have recently been implemented for the first time requiring licensing of sheet metal workers. The safety requirements have been put into place to prevent another tragedy from happening as in 2007 when two Boston firefighters were killed at a fire in a West Roxbury restaurant. The fire was determined to have been caused by shoddy kitchen duct work.
The statute requiring the licensing of sheet metal workers was enacted in 2008 and the regulations were drafted by a newly established Sheet Metal Licensing Board appointed in 2009.
Public Input
The board has a combined 125 years of experience in the industry. Members of the board include business owners of two of the most respected sheet metal companies in the industry, and two experienced sheet metal journeymen who represent 3,600 craft workers.
Not only do these board members have hands-on experience in the industry, they have experience in training the next generation of sheet metal workers.
The Sheet Metal Licensing Board held public hearings, received written comments and convened meetings to allow public access to its deliberations over the new regulations, which went into effect Feb. 19.
The new rules are supported by the vast majority of sheet metal contractors in Massachusetts including Robert Nee of Hamilton-Nee Air Systems. According to Nee, who has been in the business for 10 years and has made a considerable investment in employee training, “Safety is never too expensive when it comes to saving someone’s life. The new regulations are not expensive to sheet metal contractors because they will ensure that the safest and smartest sheet metal workers will be on the job. We make an investment in training and this comes back tenfold in an educated workforce and a superior product. The new regulations raise the industry standards for sheet metal workers to be better and safer.”
A recent lawsuit by a small group of contractors trying to stop the regulations from being implemented was thrown out because it lacked merit. One may ask why these contractors would spend so much money in legal fees and aggressive public relations campaigns to fight the new rules instead of using the money towards training sheet metal workers.
Much of the “controversy” over the regulations focuses on apprentice to journey worker ratios that are established for construction projects. However, these ratios will ensure that apprentices receive appropriate on-the-job training in a safe work environment rather than being relegated to perform menial work.
The new sheet metal rules put the public’s safety first and are not a union or non-union issue. The public deserves to be safe when they enter a building in the commonwealth and any additional training required by these regulations will be a worthwhile investment in saving lives.
Mary Vogel is the executive director of The Construction Institute (www.builtbest.org), a Boston-based nonprofit.
Con: Licensing will drive up costs
The unemployment rate in Massachusetts and nationally is approaching double digits. In construction, things are even worse. Last year, the nation lost 13 percent of its construction jobs; Massachusetts lost 18 percent, according to the Associated General Contractors of America.
Those numbers and the wake-up call delivered by Scott Brown’s election to the U.S. Senate have politicians claiming that jobs are their top priority. But that rhetoric only makes voters angrier when those same politicians support policies that kill jobs.
Numbers Game
Take the licensing of Massachusetts sheet metal workers. Virtually the entire industry supports it, but rather than using licensing to promote safety, training and the public interest, politically wired unions have used it to tilt the construction playing field by forcing the bloated union cost structure on non-union contractors.
Non-union contractors don’t hire labor from a union hiring hall for a single project, only to lay them off when the job ends. Instead, we recruit and train workers with the goal of long-term employment. This encourages a workforce with the skills, flexibility and loyalty to best serve our customers’ needs.
Since Paul Revere and Benjamin Franklin were apprentices, virtually every trade has used one experienced, higher-paid journeyperson to mentor each apprentice. But the new regulations would allow 1:1 ratios only for jobs with four or fewer workers.
For larger jobs, 14 journeypersons would be required for every six apprentices. On Massachusetts public construction projects, a journeyperson sheet metal worker earns up to $61/hour, an apprentice starts at $24/hour.
In this economy, construction companies can’t afford to hire more journeypersons. Instead, complying with the regulations will require them to lay off apprentices.
The regulations also require five years of training to achieve journeyperson status. Not only is it more than is required for electricians and plumbers — two far more complex trades — but even longer than it takes to earn a bachelor's degree.
The unions achieved their goals by using political clout to deny the open shop majority any representation on the state’s new Board of Examiners of Sheet Metal Workers, which regulates the industry. All five gubernatorial appointments to the board are either union officials or executives from union firms.
Contractors unwilling to accept business as usual have formed the Coalition for Fair Licensing, which has filed suit against the Sheet Metal Board and its regulations. Whether in a courtroom or the court of public opinion during the upcoming election season, we look forward to educating the public about the differences between what our elected leaders say and what they do.
Paul O’Loughlin chairs the Coalition for Fair Licensing. Donald Chaisson is president of the New England Chapter of Air Conditioning Contractors of America.
Hi there. This is WBJ Editor Christina Davis. I just wanted to let you know that we're no longer accepting comments on this particular article. We feel like both sides have had their chance to comment, react, and comment some more. Thanks for reading!
Mass. Ranks 13th In Construction Jobs Decline
By Shaun Tolson
Worcester Business Journal Staff Writer
Yesterday
Is this what has got you so scared Eddy M?
Eddy M, you guys held Deval's signs and then he packed the board with union business managers, quid pro quo, then your board wasted a year of it's time trying to impose a 4 to1 hiring ratio on air conditioning, heating and ventilation contractors, instead of doing what you were supposed to be doing, that is writing regulations and code that we all can be proud of, that can stand the light of day and that would serve as a model for industry imrovement! The law states the ratio is to be 1 to1, your own union contract (which by the way you can never seem to find unless it serves your argument) states that each apprentice is to be supervised by a journeyman. So stop with the crap about safety, 4 to 1 supervision is inheretly unsafe and will act to prevent people from an opportunity to earn a living. Most apprentices on your jobs are sealing duct work and taking coffee orders. SMACNA Boston has one goal clearly stated on their web site, to level the playing field, to influence state politiicans and help them create a more favorable market place for union sheetmetal contractors. On a union job there is one apprentice being supervised by one journeyman, but the contract only allows one apprentice hired for each 6 journeymen hired on an annual basis, the only purpose of this to to protect journeyman jobs and drive up wages. Thats fine, why can't you admit that you have had the board insert langauge into state regulations to protect and enhance union journeymens employment prospects. Don't you have any courage Eddy M? It is what you agreed to Eddy M, so why can't your well tained work force compete in an open market? Why do you need to impose langauge from the standard form of union agreement on workers who have chosen not to be associated with you or your backward thinking associates?
wrong again Charlie. The process in the unionfor an apprentice program is much MORE involved than the state,also the ciriculum far exeeds any ABC or independant training program (we actualy have shops , computers and drafting tables.It is not about clout it is about dedicated contractors who want the finest trained individuals in the industry to deliver a good product to their customers. If you knew the industry you would be aware that SMACNA is the standard and in a lot of cases the law. SMACNA is union contractors commited to being on the cutting edge to deliver the best value for the public and the customer.Your statement regarding "Union process for registering apprentices " is incorrect and vague
Gee Eddy, do you think the reason most of the apprentices registered with the state are union might be because you've used your political clout to get the state to adopt the union process for registering apprentices?
If it's about firefighter safety, why won't the Boston firefighters agree to drug testing?
If it is about pubic safety what is wrong with having the 95% of the residential contractors that are not union have a say in these regulations?
When was the last time a union hired an employee? as I understand it companies hire employees, why is membership waining in unions, could it be that they cannot deliver what they promise? or maybe they do deliver to a chosen few and the rank and file sees thru this.
Why are the Governor appointments so one sided? why couldn't they be balanced. It does not seem unreasonable to ask and the citizens deserve an answer.
And I ask, how many of the nine employees attained the goals promised and how many are still in your group?
All reasonable questions and in my mind easy to answer.
Once again we have suspect information.If Mary Gilgallon claims she is in such a large coalition how come all those groups combined only account for 22% of sheet metal apprentices from 1997 - 2007 that is very far from a majority ( which would be 51% , Mary) maybe you could start a coalition for fair rhetoric. And you and Chieppo can attend math class together to improve your skills with percentages and fractions
The Coalition for Fair Licensing has brought forth this lawsuit and is far from “a small group contractors”. We are a state registered organization created to represented the majority of the Sheet Metal Industry for Fairness with this License. The Coalition for Fair Licensing represents three National Trade Associations, The Air Conditioning Contractors of America, Associated Builders and Contractors and The Mass Oil Heat Council and many hundreds of businesses in the industry in MA. None of the qualified representatives of these three groups were selected to sit on the Board to have input to this regulations, despite the extensive qualifications of the many who applied.
Interesting that Mary Vogel, who holds a degree from Georgetown Law School, seems to have temporarily forgotten the difference between a motion for an injunction being rejected and a case being "thrown out." But it's not out of character at all when you learn that the "Construction Institute" is actually affliliated with construction unions -- another fact Mary mysteriously forgets to mention. The Coalition for Fair Licensing, that "small group of contractors" Vogel references, actually represents the 80 percent of the sheet metal industry that have no representation on the Sheet Metal Board. And contrary to what the article may imply, the Coalition does support licensing. Our differences with Vogel are explained by our name. Unlike her, we support FAIR licensing.
I find the words of Mr. O'loughlin regarding educating the public very amusing.Simply because in 2003 12 of his 20 employees approached me to help them obtain more training to enhance their skills,more flexibility from O'loughlin and some loyalty from their employer who they shed sweat and blood for.9 of these employees left to attain these goals and 2 others were too afraid because they were in the country illegaly and O'loughlin threatened them with calling immigration.I wonder if he would publicly address these issues to educate the public