President
Terry Givens, Jr.
MONDAY
1st Vice-President
Lewis Frain
2nd Vice-President
Jess Zuniga
3rd Vice-President
August 12, 2002 David Smith
M RNING Treasurer
Jeffrey Withers
Governor
POLITICO ALERT – July 31, 2001 Tom Curran
2002 BUDGET DEBATE the traditional design-bid-build public works Directors
Robert Daoust
projects is becoming more prevalent. Bradley Gill
As you may know the California State Eugene Gini
Legislature has yet to pass the state budget. A job order-contracting bill (AB 2841) is Michael Lindheim
Although discussions may seem insignificant, moving through the legislature this session. Gregory Long
Rob Magoon, Jr.
the outcome will have a serious impact on The bill provides for a pilot project for use of Ruben Perez
capital outlay projects, taxes, and vehicle the job order contracting procedure in the Los Patricia Raposo
licensing fees. While there is no indication Angles Unified School District. While we are Gary Walker
when a budget will pass, we do not anticipate opposed to the concept of job order contracting,
payment problems for completed and accepted we have ensured that the bill contains all the Executive Director
work until after September. protections of the Subletting and Subcontracting Peter J. Marana
Fair Practices Act, as well as a reporting
DESIGN-BUILD requirement, a sunset date and legislative intent
language to ensure that this new bidding
Two design-build bills are making their way Look What’s Inside!
procedure does not proliferate until it can be
through the State Legislature. AB 1000, fully assessed. These amendments were added
authorizing design-build authority for with the cooperation of the California State
Employer Penalized
community colleges, contains all the protections Building and Construction Trades Council who for Failure to Send
we have fought for in past design-build support the bill. COBRA Notice to
measures such as pre-qualification and labor Terminated
compliance programs. SB 1759 extends the PREVAILING WAGE Employee .......Page 2
sunset date to January 1, 2006, for certain cities
to continue to use the design-build contracting AB 1506 requires an awarding body that
procedures. chooses to use funds derived from the school Calendar…….Page 3
bond acts on the November ballot to initiate and
PRE-QUALIFICATION enforce (or contract with a third party to initiate
and enforce) a labor compliance program. This
Work is underway with the Department of bill ensures that all contractors working on
Industrial Relations (DIR) to develop pre-
qualification guidelines that can be applied to (Continued on page 2)
design-build school projects. Currently, the
DIR is working on provisions to require pre-
qualification of all electrical contractors used on Apprentices Available
design-build school projects prior to submission
of bids. We are waiting for the DIR to issue the Currently, there are approximately 20
final draft document for review. apprentices available for work through the
Alameda JATC. Last week, the Summer Helper
Memorandum of Understanding was distributed
PUBLIC WORKS
to Chapter members. Please remember that
The issue of new bidding procedures for public this option is only available after all apprentices
are employed. Please call the Alameda JATC at
works projects continues to surface in
510/351-5282 and put an apprentice to work
legislation. New procedures such as design-
today!
build and job order contracting are being
carefully evaluated. The movement away from
Employer Penalized for Failure to Send COBRA Notice to Terminated Employee
Ivory Scott sued his former employer, Suncoast company has contracted with a third-party
Beverage Sales, claiming he did not receive his administrator to provide COBRA notice, without
COBRA notice. The employer argued that it had providing any actual evidence of mailing, is
complied with COBRA by providing a third-party inadequate to avoid a COBRA violation. Perhaps
administrator with the necessary COBRA information Suncoast Beverage Sales never provided evidence
and instructing the administrator to properly send a that the COBRA notice had been mailed either
COBRA election notice to Mr. Scott. However, the because the administrator had not mailed the notice
employer did not provide any evidence that the or it had no record of having done so.
COBRA notice had actually been sent.
The lesson for employers: Be cautious when
A federal appeals court recently found that the contracting with third-party administrators to send
employer did not meet its COBRA obligations and COBRA notices. Be sure that the contract spells out
upheld a penalty of $10,800 against the employer in detail the administrator’s duties and documentation
under ERISA. responsibilities. Also, consider requiring the
administrator to provide periodic proof of its
Many court cases have found that when an employer compliance with the contract. Finally, consider
can provide evidence that the COBRA election notice requiring the third-party administrator to indemnify
was mailed, even if the employee denies receiving it, your company for any violation of COBRA. (Scott v.
no COBRA violation has occurred. In this case, Suncoast Beverage Sales, LTD; 11th Circuit Court of
however, Suncoast Beverage Sales provided no Appeals, June 2002.)
evidence that the notice was ever mailed by the third-
party administrator. Merely declaring that the Source: Simpson, Garrity & Innes Professional Corporation
Politico Alert (Continued from page 1)
projects built with these funds will be in compliance provide a sufficient number of washing facilities at all
with all prevailing wage laws. construction jobsites where toilet facilities are
required. Additionally, the original proposal required
MECHANICS’ LIEN that washing facilities:
The Law Revision Commission has made its report to ! provide a flow of water sufficient for effective
the legislature and a bill has been amended to imple- washing;
ment the recommendation. The legislation (AB 568)
will remove the rights of laborers, subcontractors and ! have a readily available supply of soap or other
suppliers to perfect their mechanics' liens and stop suitable cleaning agent; and
notices claims to the extent that the homeowner has
made good faith payments to the contractor on home ! have a readily available supply of single-use
improvement projects under $25,000. As in the past, towels.
we will work against any attempt to remove mechanics' Washing facilities on jobsites where employees are
lien rights. engaging in the application of hazardous substances
The most recent discussions on the issue have led would be required to provide both hot and cold running
toward leaving mechanics' lien rights intact and water.
requiring a payment/performance bond on home Discussions have led Cal/OSHA to reassess the
improvement projects of up to $25,000. This proposal practicality of these proposed regulations and they will
should be in writing soon and will be made available at be releasing a revised version of the proposed changes
that time for review. later this month. Once released, the public comment
period will reopen.
WAGE, HOURS AND WORKING CONDITIONS
We are continuing to work with Cal/OSHA on proposed Submitted by Ron Barrow, Politico Group
requirements for washing facilities on construction
jobsites. The original proposal required employers to
2
Calendar
Mon 12 12:00 PM Alameda S&C JATC Training Center, San Leandro
12 5:30 PM Alameda JATC Training Center, San Leandro
Tue 13 4:00 PM Solano/Napa S&C JATC Training Center, Napa
Wed 21 11:00 AM Marketing Roundtable Training Center, San Leandro
21 11:30 AM Sound & Communications Contractors Chapter Office, Pleasanton
21 12:00 PM Solano/Napa ECT Jonesy’s, Napa
21 4:30 PM Solano/Napa JATC & TFFC Training Center, Napa
Fri 30 Holiday/Carpenters Off Day
Mon 2 Labor Day Holiday Chapter Office Closed
Wed 4 9:00 AM Solano/Napa Health & Welfare Trust Training Center, Napa
Thu 5 4:00 PM Stockton JATC Training Center, Stockton
Mon 9 Admission Day Holiday - L.U. 595W Inside
Tue 10 6:00 PM Annual Membership Meeting Crow Canyon Country Club, Danville
Wed 11 9:00 AM Solano/Napa Pension Trust Training Center, Napa
Sun-Tue 15-17 Board of Directors Retreat Ritz-Carlton, Half Moon Bay
Tue 17 5:00 PM Codes & Standards Kincaid’s, Jack London Square
17 7:00 PM EBUCC Training Center, San Leandro
Wed 18 11:30 AM Sound & Communication Contractors Chapter Office, Pleasanton
18 4:30 PM Solano/Napa JATC & TFFC Training Center, Napa
Reminder… Friday, August 30th, is a holiday for District 9 Sound & Communications. Friday, August 30th,
is a Carpenters Off-Day for L.U. 595W Inside and L.U. 180 Inside. Monday, September 2nd is a holiday
for all agreements. Monday, September 9th is a holiday for L.U. 595W Inside.
Check labor agreements for specific provisions!
Upcoming Events
September 10, 2002 Annual Membership Meeting Crow Canyon Country Club, Danville
October 4-5, 2002 Board of Governors Fairmont Hotel, Chicago, IL
October 5-8, 2002 NECA Convention Chicago, IL
December 13, 2002 Installation of Officers/Holiday Dinner Castlewood Country Club, Pleasanton
3
Northern California Chapter Members
Alameda County Branch
A&G Electric
ACS Dataline of the Northwest, Inc.
AECO Systems, Inc.
Alcar Electric Co.
Allied Crane, Inc.
Amelco Electric
W.F. Anderson Electric, Inc. The Education Fund was created as an incentive for
Bay Systems Integrators, Inc.
H.A. Bowen Electric, Inc.
Northern California Chapter members to participate in
Brayer Electric educational and industry events. The goal is for every
Broadmoor Electric Co. member to participate in NECA events.
California Electric Co.
Coast Business Communications, Inc.
Columbia Electric, Inc. Don’t forget… unused credits terminate at the end of
Connective Corp. each year.
Control Systems Specialists
Del Monte Electric Co., Inc.
E.T. Electric, Inc.
Eilbacher Electric
Emcor Service
Gildersleeve Electric, Inc.
Gill’s Electric Co., Inc.
Givens Electric, Inc.
Gregersen Company
Harris Electric
A.J. Hicks & Son Electric, Inc.
MONDAY
Intrepid Electronic Systems, Inc.
JWB Electric
K&W Electric
Livermore’s Electric
Lloyd F. McKinney Associates, Inc. M RNING
Niles Electric Co., Inc.
Northern States Electric
Pacific Data Electric, Inc. Monday Morning is the weekly newsletter of the Northern
R.T.S. Systems & Design California Chapter, National Electrical Contractors
Red Top Electric Co., Emeryville, Inc. Association, Inc. NECA is a membership organization that
Redwood City Electric represents, promotes and advances the interests of the
St. Francis Electric electrical contracting industry.
Schwartz & Lindheim, Inc.
Signawest Systems Northern California Chapter
Smith and Sons Electric, Inc. 4900 Hopyard Road, Suite 120
D.C. Sousa Electric Pleasanton, CA 94588-3345
Syserco, Inc. (925) 737-0460
Union Electric Construction, Inc. (925) 737-0369 Fax
Walker Communications, Inc. www.nocalneca.org
Solano & Napa Counties Branch Chapter Staff
CADCO Construction & Repair Peter J. Marana - Executive Director
Givens Electric, Inc. Pete L. Halver - Assistant Chapter Manager
Long Electric
Margie L. McCauley - Manager of Member Services
R.D. Melton Company, Inc.
Darlene R. Besst - Operations Manager
Napa Electric Shop
Angie S. Schader - Receptionist/Administrative Assistant
Sasco Electric
Schwartz & Lindheim, Inc. Janet L. Siemens - Administrative Assistant
Spartan Electric
Stevenson’s Electric, Inc.
Ty’s Electric
Walker Communications, Inc.
ZECO Electric Company
Enclosures:
Stockton Branch
Bockmon & Woody Electric Co., Inc.
1) L.U. 180 Apprenticeship Listing - S/N Branch Members
Collins Electrical Co., Inc.
Con J. Franke Electric, Inc.
L&J Electric
Quality Sound
Stanley Electric Motor Company
Affiliate Members
Direct Network
Greenlee Textron
PLATT Electric Supply
Rexel Norcal Valley Electrical Supplies
4