Concrete pourers on employers' side January 14, 2008

By DAN RICHMAN P-I REPORTER

Angry concrete pourers in Western Washington are aligning with their employers and fighting the union they pay to represent them in a feud threatening to shut down more than a dozen construction sites.

"We pay them to negotiate for us, and they have their own agenda," said Chad MacDonald, 32, a disenchanted member of Bothell's International Union of Operating Engineers Local 302.

"I think what the union has done is absolutely, completely wrong."

Added Scott Platt, of Stanwood: "The union has notified contractors saying we're not members of the union. We're still dues-paying members, but the only way to be a member in good standing is to sign a contract, and the contract they want us to sign goes against everything we have worked for over the last six years."

The fight arose from negotiations over a new contract governing the relationship between the roughly 150 Local 302 members, who pour concrete at large commercial job sites, and about six companies employing those members.

A master contract between the local and each of those companies, which for about six years let workers choose among benefits, insurance and pension plans offered by the union or the company, expired on Dec. 31. The local dubbed that choice "two-tier," calling it divisive and seeking to eliminate it in the new contract.

On Dec. 30, the union members voted on whether to eliminate what they prefer to call the Unit A-Unit B offer, which gave them a choice of the union's or the employer's benefit package. The union and its members both say a majority of members voted against the A-B offer.

But MacDonald says the rejection was "based on some simple language we wanted changed" -- changes he says the union didn't pursue. Local 302 spokesman David Groves says it was "willing to do the two-tier deal, but the members rejected it."

The union said the members' rejection of the Dec. 30 offer caused the offer to expire. That, in turn, meant the local's members essentially stopped being union members and made their employers nonunion companies, Groves said.

On construction sites, most union workers are contractually bound not to work with nonunion employees and companies, and many general contractors won't hire such workers and companies.

About 18 concrete-pouring booms are in place at Seattle and Bellevue construction sites, and each site could be shut down either by a general walkout of union workers or by restrictions against nonunion workers coming onto the sites, MacDonald said. Local 302's Groves said the union does not plan to picket those sites or call for work to halt there.

The skirmishing continues.

Two pouring companies, Bothell's Conco Concrete Pouring and Federal Way-based All-American Concrete Pumping, and their workers have signed Local 302's master contract, which provides the union's benefits package. That means union business will flow to those companies, Groves said -- especially because the local acknowledged sending letters to every general contractor reminding them they can't hire nonunion companies or employees.

As for the companies that haven't signed the master agreement, "the longer they hold out, the more opportunity the other companies have to capture the business," Groves said.

Holdouts include Brundage-Bone Concrete Pumping, of Kent; Lucht's Concrete Pumping Inc., of Sheridan, Colo.; Pacific Concrete Pumping, of Kirkland; and Ralph's Concrete Pumping Inc., of Seattle.

The fight has caused workers to feel more loyalty to their employers than to their union.

"I love the company I work at (Brundage-Bone)," MacDonald said. "For the union to come in and take business away from them is unfair."

The disgruntled workers hired Seattle attorney Darryl Parker to file a federal lawsuit against the union this week.

"None of the union members had any idea their voting down the Dec. 30 offer would mean no further negotiations with those employers and would end the contract," Parker said. "I think that's a pretty important piece of information to have before you vote."

P-I reporter Dan Richman can be reached at 206-448-8032 or danrichman@seattlepi.com.