26th ANNUAL GOLF OUTING

WITH GREAT PLEASURE WE ANNOUNCE THE

  26th ANNUAL GOLF OUTING OF THE

SHEET METAL INDUSTRY PROMOTION FUND OF NEW YORK CITY

 

     Golf Invitation  pdf

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 ▼INDUSTRY TRANSITIONS TO 5-YEAR APPRENTICE PROGRAM

A group of 40 began their pre-apprentice program in February 2008.   After a 4-week orientation program at the school, they will be assigned out to employers on February 25.  Some information on the program follows.

  
     Apprentice Appraisal Form  pdf

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▼ NYC Comptroller's Office Matters

Prevailing News - NYC

The Winterr 2008 issue of Comptroller Thompson’s “Prevailing News - NYC” is posted below.

Issue: Winter 2008

Click here to view
Prevailing News - NYC
Winter 2008 - in pdf

 

 

NYC Construction Contractor Association Newsletter

NYC Construction Contractor Association Newsletter -in pdf

 

 

 

 

 

 

 

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▼The Industry Celebrates

 

"We had a great time." "What a wonderful place and the food was terrific." These were some of the enthusiastic reactions to New York City's Sheet Metal Industry Annual Holiday Party held at Russo's on the Bay, Friday evening, December 7.

The social event brought out twenty-eight contractors together with their spouses and guests, three retired Association members, and two associate members. Local Union No. 28 was well represented by Michael Belluzzi, President and Business Manager; John McGrath, Administrator of the Local Funds; Richard Knice, Recording/Financial Secretary-Treasurer; as well as many of the Union's Business Agents. Robin Delk, Training School Administrator; Thomas Doherty, Labor Management Committee Administrator; and William Rothberg, Executive Director of NYC SMACNA also participated in the merriment. With animated conversation, abundant food and dancing, all eighty-five guests enjoyed what they said was the Industry's best holiday party ever.

Michael Checchi, President of the Association, welcomed everyone and said he hoped these festivities in celebration of the holidays would be a precursor of exciting business opportunities ahead for the sheet metal industry. Mr. Belluzzi commented on the successful partnership between labor and management, and that he looked forward to making the future of the unionized sheet metal business a thriving segment of the New York City construction trades for both employers and the craftsmen they employ.

A highlight of the evening was the performance by “Uncle Floyd,” an old-school comedy act who engaged almost everyone in some sheet metal humor. He was a lot of fun. And what would a holiday party be without the appearance of Santa who distributed candy canes to the guests.

The photos taken at the party are available for viewing at www.pictage.com/416097 .

If you would like additional photographs, please highlight, copy and paste the following form to our e-mail address mail@nycsmacna.org

Please send a print of group # _____  photo # _____ 

to__________________ Name

   __________________Address

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▼ Incoming SMACNA President Ronald Palmerick’s Acceptance Speech

 

LAS VEGAS - Following is the incoming SMACNA President Ronald Palmerick’s acceptance speech delivered on Oct. 24 at the Sheet Metal and Air Conditioning Contractors’ National Association’s (SMACNA) 64th annual convention.

Good afternoon. I promise to keep this short. I feel like I know many of you having made the rounds speaking on the National Pension Fund. I’m really looking forward to a change of topics.

It is an honor to have been selected to lead SMACNA and follow through on the outstanding programs and industry initiatives put in place by the leadership before me. I look at this year as SMACNA president as simply taking my turn at the seat.

I, like my predecessors, plan to provide the continuity and consistency of programs and policies that have served the Association well for many years now. There will be no big shift in direction.

Work that began on technical manuals will continue, education programs will proceed, and Market Sector Councils will pursue issues and opportunities upon your behalf.

Our executive committee will continue to hold its twice-yearly meetings with the top leadership of the SMWIA. We’ll continue to sit around the table discussing everything BUT labor relations. You know, after these meetings I leave with a whole new outlook. It really opens your eyes when your labor partner earnestly brainstorms with you about increasing market share, or motivating the younger generation to care about this industry--the way you and I do.

I’m a first generation contractor who got started through the trades and like so many of you I’ve sat on both sides of the table--first struggling to make a living with the tools and then struggling to build a business.

As a result, I especially value and respect the national partnership we have with the SMWIA. As SMACNA President I would like to see more local areas build the same solid relationships with their local labor partners.

Without a strong partnership it is simply not possible to grow market share. For example, there’s nothing I’d like better than for more of our contractors to expand into other markets. Why not consider buying a non-union residential or service contractor. Many of you know of talented young people who have the desire to enter the contracting business. You may consider partnering with them, and guiding them to a market in which union control or market share is underrepresented.

There are many of you who are in a position to do just this. Having a close relationship with your local union could improve your chances for success.

Some of you may be thinking of retiring. Instead of selling your assets, why not consider selling your business to your employees and preserve union sheet metal market share? Again, your ability to accomplish this would improve if your relationship with your local union was strong.

This brings me back to the twice-yearly meetings we have with the SMWIA at the national level. Over the years these meetings have resulted in our joint Best Practices Market Expansion Task Force, our Partners in Progress magazine, our industry advertising campaign and the list keeps growing. All play a role in expanding market share for the unionized sheet metal industry.

This coming April I hope many of you and your labor partners will join us here back in Vegas for the Partners in Progress Conference. We’ll face the challenges and create solutions required to make SMACNA contractors more competitive. Don’t think that this is another national convention. The program will focus on regional and local issues and solutions. You will have the opportunity to sit face to face with local officials and exchange ideas on how we can expand our markets.

I recognize that our national organizations can only do so much at the national level. The real work needs to be done jointly in the trenches and there’s a lot of work to be done.

In closing, I am dedicated to continuing the programs and products my predecessors have begun. There will be no drastic shift in direction. SMACNA will continue to deliver programs and services that will enable our contractor firms to grow as industry leaders.

My ideas on expanding market share may be a little different, but they should make for some good conversation when Jane and I visit you this coming year. We’re looking forward to meeting as many of you as we possibly can.

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▼ New  Association Members

The Association is pleased to welcome four new members:

          *Bonland Industries, Inc., principal William Boniface;

          *Empire Sheet Metal, Inc., principal John Callaghan

          *A. Munder & Son, LLC, president Harold Munder;

          *WBE Sheet Metal, Inc., principal Rosemarie Gerenia-Friedman

We look forward to a mutually beneficial affiliation with these new members who bring added strength and diversification to our ranks.

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▼ New Supported and Hanging Scaffold Law

[PDF] New Supported Scaffold Law - Local Law 52 of 2005 Fact Sheet
... Local Law 52 of 2005 W ... The following updates have been made to the training requirements and to the list of training providers for Local Law 52 of 2005.

www.nyc.gov/html/dob/downloads/pdf/scaffold_ll52_factsheet.pdf - 2006-12-12

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Legal Column: New York State Scaffold Law

By William Rothberg, Esq., Executive Director NYC SMACNA

The New York Court of Appeals' interpretation of Labor Law Section 240 (1), which was enacted in 1885, is changing.

Labor Law 240 is commonly known as the Scaffold Law. It basically provides that all owners and contractors shall furnish scaffolds, hoists, ladders, etc., which are to be constructed, placed, and operated so as to give proper protection to workers.

For many years, New York State courts including the Court of Appeals, New York's highest court, have interpreted Section 240 (1) to impose strict liability upon the owner and contractor if an accident occurs. This liability was absolute even if the worker's negligence contributed to the injury. One of the cases that held this way involved a situation where ladders were present but the worker chose to scale a column without one and fell when he lost his grip. In another case, the worker had supplied his own ladder and had been negligent in regard to the maintenance of the ladder. Attempts over the years to have the law amended to take into account the contributory negligence of the workers have been unsuccessful.

In December 2003, the Court of Appeals in the Blake case reinterpreted the obligations of owners and contractors under Section 240 (1). The court addressed the question of whether a worker who was injured while using a ladder may prevail even when it was determined that the ladder was constructed and operated as to give him proper protection and that the sole cause of the injury was the fault of the worker. The court said no and found for the defendant. In this case, the worker had sought damages for injuries he sustained in a fall from an expansion ladder that accidentally retracted. The only explanation for the ladder's failure was the worker's failure to lock the extension clamps in place before climbing the rungs. The court said that owners and contractors should not be treated as insurers once they have provided a safe workplace. The court further said that the purpose of Section 240 (1) is to compel contractors and owners to comply with the law, not to penalize them when they have done so. The court concluded by stating A If the plaintiff is solely to blame for the injury, it necessarily means that there has been no statutory violation.

More recent decisions by the Court of Appeals have continued to broaden the interpretation of Section 240 (1). In one of these cases the worker failed to use an available safety line and in another the worker failed to use an available ladder. In both cases the worker lost. Basically, the court held that there were adequate safety devices available and the worker chose not to use them.

In conclusion, it appears that the Court of Appeals is no longer imposing absolute liability on owners and contractors the way it had for so many years holding that the obligations of owners and contractors do not extend beyond providing defect-free scaffolds and ladders to workers. If a worker then chooses not to use the ladder or scaffold or uses them in a negligent fashion and is injured as a result, the worker is solely responsible for his injuries and cannot recover under the statute.

This is a positive development for the construction industry. 1/9/06

                                                                                

 

 

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Designers' Guide for the Sheet Metal Industry

To help the engineering community understand the complexities of the labor agreement governing the trade that installs the systems it designs, NYC SMACNA has prepared the Designers' Guide for the Sheet Metal Industry. If you would like to receive a free copy of the Guide, please e-mail us at mail@nycsmacna.org or call 718-624-4600.

 

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Associate Membership Program Advantages

SMACNA MANUALS - SMACNA's technical manuals are the accepted standard in our industry. Through seminars, committees, and informal discussions, we keep the industry apprised of what manuals are available, explain how different manuals are best utilized, answer specific questions regarding the manuals, and seek the input of the engineering community as manuals are revised and new manuals developed. As an associate member you would be able to purchase SMACNA technical manuals at  greatly discounted prices.

TRAINING - Drafting, is an important part of our industry. We have extensive training programs for our employees and plan to develop drafting programs for employees in the mechanical engineering community.

DIALOG - Many issues arise in our industry in such areas as job specifications and shop standards, among others. Through informal luncheon meetings and the work of subcommittees, we hope to address the problems and seek to develop uniform documents for the New York City HVAC industry.

POLITICAL ACTION - We would jointly monitor proposed legislation to determine its impact on our industry and to see if we can develop a joint position. This would include input to proposed changes in the New York City Building Code.

Through the aforementioned as well as a continuing dialog at meetings and social functions, we believe that our associate membership program would be mutually beneficial to both you, the engineer, and the sheet metal contractor.

Associate membership is open to an individual, partnership, or corporation engaged in any facet of the HVAC industry. The annual membership dues are $400.00.  An "Application for Associate Membership Form" follows. Application Form for Associate Membership (PDF)  If you are interested in becoming an Associate member, please download and complete the form, keep a copy for your files, and return it by fax to 718-855-9468. Should you have any questions, please call.

We look forward to welcoming your firm into our associate membership program. We feel confident such a union will produce many shared benefits.

Local Union No. 28 Officials and Business Agents

President And Business Manager
Michael V Belluzzi

Financial Secretary-Treasurer
Richard Knice

Recording Secretary
Richard Knice

Vice President
Nat Brown

Business Agents (see agents' territories)
Frederick Buckheit
Kevin Connors
Brian McBrearty
Kevin McPike
Frank Nitto
Robert Rotolo
Dan Fox
Ray Minieri

Executive Board
Robert Amato
Rocco Baldini
James Martin

Eric Meslin
Arthur Tyburski tinstruct@aol.com

Edward J. Wilton

Nate Mays

John Moser
Rob Soto

Union Trustees
William Mason II
Tom "The Cat" Gallagher
Pete MacDonald

Warden
John Cuiffo

Conductor
Justin Orlando

Organizer
Elfren Reinaldo Torres

NEW --- 2008 Holiday Schedule - Local Union No. 28