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International Operating Engineer - Fall 2019

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The quarterly magazine of the International Union of Operating Engineers.

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GEB Minutes can organize. He reported that the International Representatives spoke of Best Value Project Delivery Matrix and apprenticeship utilization on state funded projects. Director Railton concluded his report by stating that he feels the overall work picture continues to look strong throughout the Western Region for 2019. Case No. 19 Special Projects Report Director of Special Projects and Organizing Department Rick Rehberg reported on legislation to strengthen Washington State’s prevailing wage laws and a class action lawsuit concerning overtime on prevailing wage jobs in Pennsylvania are both progressing. Brother Rehberg reported that another class action lawsuit over excessive fees charged by nonunion benefit plans is also moving forward in Texas. Director Rehberg reported that in June 2019 a training on prevailing wage enforcement will be held at the International Training and Education Center. He reported that Local and Fair Contracting Foundation staff are welcome to attend. Director Rehberg reported to the Board with the latest developments in the crane rental industry for both union and nonunion companies with an emphasis on mergers, acquisitions, and private equity ownership of major crane companies. Director Rehberg reported on a large organizing campaign involving a hydro vac company with over 200 workers organized so far and potentially hundreds more to go. Brother Rehberg reported that seven Locals, International field staff from three regions, and International headquarters staff are coordinating efforts on this campaign. Director Rehberg reported that the Special Projects Department continues to collect databases of licensed stationary engineers from cities and other jurisdictions. He reported that after comparing these lists to our membership records, we are left with thousands of nonmembers to be organized. Case No. 20 Legal Report General Counsel Powers began his report by presenting the Board with a few financial matters regarding the International Training and Education (the “ITEC”) for their consideration. First, General Counsel Powers advised the Board that the ITEC was seeking to obtain an additional secured loan and a line of credit from the IUOE in the amount of ,554,700.00. He stated that this additional funding was necessary to assist the ITEC in paying for the costs of continuing operations at the ITEC. It was regularly moved and seconded to approve the additional secured loan and line of credit to the ITEC in the amount of ,554,700.00 and to fully authorize the March 28, 2019 General President to execute all of the necessary loan documents on the Board’s behalf. The motion was then put to a vote and was adopted unanimously. Next, General Counsel Powers updated the Board about the success of the IUOE Local Union loan program, and he also informed the Board as to the specific loans that were coming due in the 2019 calendar year. He then asked the Board to consider making offers of loan renewals to these Local Unions under similar terms and conditions. It was regularly moved and seconded that the IUOE make offers to applicable Local Unions to renew the short term loans coming due in 2019 at a 2.5% interest rate, and to authorize the General President to execute all of the necessary loan documents, including but not limited to, the execution of promissory notes. Thereafter, General Counsel Powers then provided the Board with an update regarding the status of three Local Union election protests as follows: (1) A Local 286 election protest was denied by the General Executive Board in 2017, and the complainants had then filed a separate complaint with the U.S. Department of Labor, Office of Labor Management Standards (the “DOL”). He reported that the DOL had agreed that there were irregularities with respect to the notice of nominations and elections, and a lawsuit was filed in the U.S. District Court for the Eastern District of Washington seeking a rerun election supervised by the DOL. However, due to the merger of Local 286 into Local 302, the DOL had agreed to voluntarily dismiss its lawsuit against Local 286. (2) A protest was filed following the most recent Local 49 election of officers. This appeal was denied by the General Executive Board and the complainants then filed a separate complaint to the DOL. However, the IUOE has been advised by Local 49 that the DOL has determined that the complaint was filed after the applicable statute of limitations had expired, and the complaint was therefore deemed untimely. (3) A protest was filed by certain candidates concerning the results of the most recent Local 3 election of officers. This protest was denied by the Board, and the complainants then filed a timely complaint with the DOL. The DOL found no merit in most of the allegations except for one which centered on positive comments made about the incumbent Business Manager in two articles by the President in the July and August issues of the Local 3 magazine. The DOL issued a preliminary finding that these comments constituted a violation of 401(g) of the LMRDA. Since the DOL had not yet issued a final determination, and any findings were merely preliminary, the IUOE Legal Department was able to join Local 3 in seeking a reconsideration of this finding. Specifically, General Counsel Powers, along with Dick Griffin and Andrew Bucci, met with the OLMS Director of Field Operations Steve Willertz and other OLMS staff members in order to argue the case. A final decision is still pending as of the time of this report. General Counsel Powers then advised the Board that if the DOL decides to seek a rerun of the election (which was won by the incumbent Local 3 administration by vote margins exceeding 70%), then the International will support Local 3 in litigating what he believes to be an overreach by the DOL. General Counsel Powers then concluded his report by advising the Board that this would be his final General Executive Board meeting due to the fact that he was retiring effective April 5, 2019. He thanked General President Callahan, General Secretary Treasurer Hickey, and the entire Board for the opportunity to serve as the IUOE General Counsel. He stated that it was an honor and privilege, and that his time with the IUOE was truly one of the highlights of his legal career. General President Callahan thanked General Counsel Powers for all of his dedication and hard work over the years on behalf of the entire IUOE membership, and he asked the Board to join him in wishing General Counsel Powers a long and happy retirement. Case No. 21 Appeals Associate General Counsel Andrew Bucci then provided the General Executive Board with his Appeals report, and the Board took the following action: “This is an appeal to the General Executive Board of Glen Johnson, IUOE Local 49, Minneapolis, Minnesota, appealing the Local 49 Executive Board’s decision, made at a pre-trial hearing, to dismiss charges he filed against fellow member Mark Wangerin. This appeal was heard by a panel earlier appointed pursuant to the provisions of Article V, Section 7 of the International Constitution. At this session of the meeting of the Board, the panel submitted a report containing its conclusions, findings of fact and recommendation. After consideration of the panel report and on motion duly made and seconded, the Board adopted the conclusions, findings of fact, and recommendation of the panel, ruling: •THAT the Local 49 Executive Board properly exercised its Constitutional authority to hold a pre-trial hearing. •THAT the Local 49 Executive Board complied with the International Constitution in its procedural handling of the charges. •THAT the Local 49 President Clayton Johnson was not required to recuse himself from the pre-trial hearing. •THAT the Local 49 Executive Board’s determination that the charges did not have merit, was reasonable and should not be overturned. Accordingly, the appeal is denied.” Case No. 22 General Secretary Treasurer’s Report General Secretary-Treasurer Brian Hickey reported that the International had completed the Audit Field Work in February with no issues anticipated. General Secretary-Treasurer Hickey reported that the LM-2 Report is in progress and expected to be filed by March 30, 2019. General Secretary-Treasurer Hickey reported that the IUOE has set up the new AMEX travel process through the Concur system for staff travel, booked through the IUOE’s two travel coordinators. General Secretary-Treasurer Hickey reported that all yearend PAC reports were filed on time. Case No. 23 2019 Meeting Locations General President Callahan advised the General Executive Board of the dates and locations for all upcoming meetings. Case No. 24 Good of the Order A variety of issues and subjects important to the welfare of the International Union were discussed. Case No. 245 Payment of Expenses in Holding Meeting It was regularly moved and seconded to authorize the General Secretary-Treasurer to pay all necessary and reasonable expenses incurred in connection with the meeting of the General Executive Board. The motion was put to a vote and was unanimously adopted by the Board. There being no further business to come before the General Executive Board, upon a motion made, seconded and carried unanimously, General President Callahan adjourned the meeting. I, Brian E. Hickey, General Secretary-Treasurer of the International Union of Operating Engineers, hereby certify that the foregoing is a true copy of the minutes of the General Executive Board Meeting on March 28, 2019. Fraternally yours, Brian E. Hickey General Secretary-Treasurer 32 INTERNATIONAL OPERATING ENGINEER FALL 2019 33

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