On the Level: Fall 2021 by Anne Atchison

The Quarterly Associations Publication of: Construction Contractors • Sheet Metal & Roofing Contractors • Fabricators Erectors & Reinforcing Contractors

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THE OTHER FOUR YEAR DEGREE APPRENTICES LEARN WITHOUT THE DEBT

CONSTRUCTION INDUSTRY NEAR TOP OF VACCINATION REFUSAL RATE SUPPORT FOR LABOR UNIONS AT HIGHEST MARK IN HALF A CENTURY

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INSIDE: SUPPORT FOR LABOR UNIONS AT HIGHEST MARK IN HALF A CENTURY 34

08 APPRENTICESHIP: A DEGREE WITHOUT THE DEBT

CONSTRUCTION INDUSTRY NEAR TOP OF VACCINATION REFUSAL RATE 26

Understand the Reporting Change to Leases Before 2021 Ends

PharmaCann Expands Medical Marijuana Facility in Orange

NY Senate Passes Wage Theft Law that Aids Construction Workers

Economists: Warehouse Construction Leads Post-Pandemic Recovery

Should Investors Try to Anticipate Market Declines?

As the Years Increase, So Do the Aches and Pains

More than a Load of Rubbish: Contractor Awarded Over 100k from DOT following County’s Waste Disposal Law

Is Your Company’s Sexual Harassment Policy Working?

BOARD OF DIRECTORS Fabricators, Erectors & Reinforcing Construction Contractors Association Contractors Association Daniel J. O’Kane, Jr. – President Justin E. Darrow – Chairman Mark Stier – 1st Vice-President Jake Bidosky – Vice-Chairman Mike Adams – 2nd Vice president Bernie Hillman – Secretary Ron Bloomer Daniel Teutul – Treasurer Scott Dianis Ira Gold Jay Harrison SMACNA of Southeastern NY Joseph Jerkowski Lou Doro – President Robert Kaehler James D’Annibale – Vice President James McGowan Steve Mulholland – Secretary Joseph Perez Daniel C. Harden – Treasurer Alfred D. Torreggiani Mark DiPasquale – Past President Charlotte Van Horn Richard K. Berg Dom DiVesti Walter “Chip” Greenwood Bill Haskel Dennis Lavopa, Jr.

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Association Staff: Alan Seidman – Executive Director Barry Lewis – Vice President of Communications Patty Dalton – Executive Assistant Millie Rodriguez – Administrative Assistant

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Advertising with us is a great way to showcase your brand to a wide variety of construction industry and business professionals including large construction companies and small equipment stores. It is circulated quarterly throughout the Hudson Valley, Catskills, and Southwest Connecticut and seen internationally via www.ccahv.com. On the LEVEL offers in-depth coverage and analysis of construction news, provides health and safety information, financial and economic insights, and authoritative comment from industry experts on laws and regulations affecting contractors.

The CCA welcomes our members and guests to a full schedule of direct networking events in 2022. But there is still one special event before 2021 comes to a close:

Still to Come CCA ANNUAL HOLIDAY GET-TOEGTHER & CHARITY EVENT Monday, November 29 Powelton Club in Newburgh. Help celebrate the season of giving by attending this festive celebration that helps raise money for regional charities.

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ANNUAL LOBSTER BAKE Wednesday, September 7, 2022 Pavilion at Laborers Local 17

CCA ANNUAL HOLIDAY GET-TOEGTHER & CHARITY EVENT Monday, November 28, 2022 Powelton Club in Newburgh. For any updated information on all upcoming CCA events, please visit our website, www.ccahv.com or call 845-562-4280

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DIRECTOR’S MESSAGE Learn from the past, plan for the future, but stay focused on today. I love sports quotes and analogies, so I will start with a sports quote. Brooks Koepka (professional golfer) passes on a thought that I think pertains to business as well: “When you are thinking about the past, that’s ego…When you start thinking of mistakes or screw ups or how you missed that shot or this shot, that’s just your ego being hurt. If you keep staying in the present, you’re fine. The other part is you can’t look too far into the future. There’s a fine little balance in there.” When you look at that thought process, it’s similar in personal life and business. When we look back at our successes, we should be proud-it’s our resume and yes, our ego. Our past failures hopefully are teaching moments. Robin is all too happy to share my past screwups, but I try to excel by only making new mistakes, not repeating prior ones. Since we are in the fall, let’s talk about Mr. October, Reggie Jackson. While Reggie hit 563 career home runs, was an American League All-Star 14 times, won five World Series and an MVP Award he also struck out 2,597 times in his major league career. I think Koepka’s quote misses slightly on what we learn by reflecting on the past - just don’t dwell on it. Planning for a hopeful backlog, particularly in the construction industry, is beneficial. But there are a lot of curveballs when we plan too far in the future. The derailment caused by COVID since early 2020 is a prime example of the curve balls thrown into our personal and business life. We should all have goals and ambitions, rather than just being rudderless and floating into the future. But business and life plans need to be tweaked and updated constantly. It’s the time of year, that we budget -if you haven’t already done so - for the coming year. We evaluate staffing, equipment and work outlook. Good leaders are constantly doing this but not just once a year. Planning several years down the road is fine, just as long as you don’t carve it in stone and are willing to adjust. Where I think Koepka is right on target, is implementation. Don’t focus so much on the past or the future. It takes an eye on today’s job and business to implement your plans and run your projects and businesses for the utmost success. Wishing you much success for the rest of this year and I hope your plans come to fruition in the coming years.

Alan Seidman Alan Seidman Executive Director

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APPRENTICESHIP:

A DEGREE WITHOUT THE DEBT By Barry Lewis, Vice President of Communications for CCA

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New Study finds union construction apprenticeships rival college degrees on key economic and social metrics.

While higher education is often seen

financial stability while becoming

as the main route into the American

skilled tradespeople, allows them to

middle class, it is accompanied by

make connections in the construction

the high cost of tuition and fees, as

industry that will assist in finding

well as enduring student loan debt

future employment, and provides

for the majority of students.

construction employers with a supply

Across the United States, the average

of skilled labor.

student borrower has more than

A new national study has found that

$39,000 in student loan debt. This

on average, graduates of joint

financial barrier prevents many

labor-management (union)

Americans from pursuing higher

apprenticeship programs in the

education at colleges and univer-

construction industry are able to

sities. An estimated 95 percent of

achieve near wage and benefits

American colleges are unaffordable

parity with other types of workers

to students from low-income

with four-year college degrees.

and middle-class households. An alternative to college exists in registered apprenticeship programs.

The study by the Illinois Economic Policy Institute (ILEPI), which analyzed ten years of data from the

Unlike higher education, registered

Current Population Survey’s Annual

apprenticeships have little to no

Social and Economic Supplement

upfront cost. Registered apprentices

released by the U.S. Department of

get the opportunity to “earn while

Labor and U.S. Census Bureau, comes

they learn” and obtain portable,

as Congress is considering over $1

nationally-recognized credentials

trillion dollars in new infrastructure

while being compensated for their

investment that is expected to increase

time and labor. This offers apprentices

demand for skilled trades workers. continued...

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Apprenticeship: A Degree Without the Debt ticeship programs achieve outcomes most similar to other workers with bachelor’s degrees and associate degrees, while outcomes for nonunion construction workers more closely mirrored other workers with high school diplomas or GEDs. “The data reveals that broad stigmas that have long been associated with vocational training alternatives to college are simply not grounded in fact,” said study ILEPI Policy Director Frank Manzo IV. “Compared with two- and four-year colleges, joint labor-management apprenticeships in construction deliver a more robust training regimen, similar diversity outcomes, competitive wage and benefit levels, and comparable tax revenue for states and local governments, while leaving graduates entirely free of burdensome student loan debt.” In its examination of core economic, fiscal and social metrics, the study found that graduates of union appren-

Overall, the study found that nonunion construction workers earned an average $18,300 less per year than their unionized counterparts, were significantly less likely to have access to health insurance or a retirement plan at work, were more than twice as likely to be living in poverty, were nearly three times more likely to be reliant on Medicaid, and were significantly less likely to be married—a metric that other research has linked to social stability and upward economic mobility. “The data unequivocally shows that attending college is not the only pathway into the American middle class,” added Manzo. “However, it is clear that the most viable

THE FUTURE OF CONSTRUCTION MIGHT DEPEND ON H.S. STUDENTS Across the country, the demand for construction labor is continuing to grow—and the supply is continuing to dwindle. From a continued flood of retiring construction workers to a significant decrease in the availability of immigrant labor, numerous factors are affecting the construction labor pool and making it more difficult for companies to hire top talent. While all levels of the construction

After years of being cut from

industry are affected by the labor

educational budgets at middle and high

shortage, the trades have been hit

school levels, shop classes are making a

especially hard. The industry is starting

comeback. Some schools are developing

by reaching out to an unexpected

courses to bring awareness to the

source for help: young students.

construction industry and how much it

Yahir Martinez, a 2021 graduate of The Mount Academy Welding Program

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can offer up-and-coming workers. FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Apprenticeship: A Degree Without the Debt such pathway in construction runs through the joint

programs consistently deliver bachelor’s degree-level

labor-management apprenticeships and the unionized side

outcomes,” Manzo concluded. “That’s great news for

of the industry.”

workers looking for alternatives to college, and an

Prior studies examining construction apprenticeship programs have shown that they also offer a substantially

instructive framework for policymakers looking for ways to grow America’s middle class.”

more rigorous training curriculum than either two-year

Joint labor-management apprenticeship programs are the

colleges or four-year universities. Recent studies have

bachelor’s degrees of the construction industry, delivering

concluded that construction apprenticeships offer up to 41

training hours, diversity outcomes, competitive earnings

percent more hours of training than bachelor’s programs

and benefits, and positive social and fiscal impacts

at public universities, and up to 183 percent more than

that rival universities and community colleges. Joint

associate degrees at community colleges.

labor-management apprenticeship programs do not just

Relative to public universities, this research also found that more often joint-labor management programs enrolled a higher share of Black, Hispanic or Latinx trainees. Research also indicates that joint labor-management programs tend to have higher standards for apprentices, resulting in better training and fewer on-the-job injuries. “By providing more people from more backgrounds with

strengthen the talent pool in construction, they deliver middle-class lifestyles for blue-collar workers. For young workers, the unionized building trades’ registered apprenticeship programs continue to offer excellent alternatives to achieving upward mobility and economic security. blewis@ccahv.com

the in-demand skills needed to secure good-paying jobs, the data shows that joint labor-management apprenticeship

Many students are unaware that they can make a living in

how the economy is doing, people will always need

trade jobs or through construction labor—without racking

skilled plumbers, electricians, and construction laborers.

up tens of thousands of dollars in debt by pursuing a four-year degree. In fact, the reality is that much of the technology and many of the programs taught in four-year construction programs are obsolete by the time students

REACHING THEM WHILE THEY’RE YOUNG In an effort to reach students before their confidence and interest levels in this type of education drop, some

graduate. Trade-specific high school programs, which

programs are even reaching out at the elementary level.

are often taught by industry professionals, may be more

At San Miguel Academy, a co-ed faith-based

practical and a better value.

independent middle school in Newburgh that serves

Shop classes are helping educate students on what it really means to work in the construction industry.

mostly underprivileged youngsters of color, many of the students have parents, mainly fathers, involved in

They’re also exposing students to the knowledge that

the construction industry.

STEM careers exist outside of software development and

“There are some who in the process of discerning high

other high-profile tech fields. And unlike many STEM careers, jobs in the trades are recession-proof: No matter

school say to themselves, ‘I’d like to do that, maybe even at a higher level than my father,’ says Father continued...

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Apprenticeship: A Degree Without the Debt

Shop classes are helping edcuate students on what it really means to work in the industry. Habitat for Humanity. It’s definitely something we are all involved with, and we have our best students get involved in the welding and carpentry – not just students struggling academically.” At both San Miguel and Mount Academy, about 70 percent of the kids go on to college. Father Connell says Mount Academy student works on construction of a Habitat House.

the remaining 30 percent of his students often enlist in the armed services. He says the struggle is educate parents

Mark Connell, who leads the school. For many of those

that the trades are a viable option, and for the unions to

students who have shown an interest in construction,

figure out how to bring in students who expressed an

he says, a high school option is the Mount Academy

interest in going into the trades.

in Esopus. “Because of the relationship we have with them, I tell the boys ‘the Mount Academy would be a good choice for you because they do a superlative job in welding, metal work and carpentry – if that’s something you would like to learn in high school.’”

“For our parents, they want their children to be the first generation to go to college. There’s a prestige in that. They don’t see their children doing what they’re doing. They would prefer that they go into some professional business field. I think that really is the challenge for the

The Mount Academy is a four-year high school founded

construction industry to say to the potential future leaders

by the Bruderhof, a Christian community movement.

that you can come into the trades.”

School Principal Paul Button says the community members build most of their own buildings and do most of their businesses with metalworking and woodworking. “We do welding, machine shop, construction in two forms (post and beam, the way they used to make building structures as in the past, and we do the standard construction),” said Button. “In the welding we’ve been giving AWS (American Welding Society) certifications. We do also teach safety aspects; we have an instructor come in and do OSHA courses, so they do get a certificate along with their knowledge in the construction end.” He says the school stresses educating the whole child, giving students a solid academic program (the head,) teaching them to serve and be there for others (the heart,) and learning to work with their hands. “The boys are right now building an entire house for 12

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The Mount Academy Welding Program

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Apprenticeship: A Degree Without the Debt

SUNY Sullivan

CARPENTERS, SUNY SCHOOLS LOOK TO PARTNER ON JOINT DEGREE PROGRAM The journey toward a career often starts at a fork in the road. One path points toward on-the-job training. The other takes a detour through college. They have different benefits and barriers, but both can seem like one-way streets—no U-turns allowed.

Now, a potential partnership

choice - that’s not true,” says Matt

between the North Atlantic States

Ross, Council Representative for

Regional Council of Carpenters and

Carpenters Local 279 and one of the

colleges in the SUNY education

driving forces in working to bring

system aims to help people pursue

this education program to fruition.

both paths.

“They don’t look at our apprentice-

Operating in conjunction with the union, the program would allow apprentices who earn as they learn, to participate in on-the-job training and hands-on instruction at a training facility and then take classroom-based instruction either online or at a college site on other

ship program as continued education because it’s not attached to education. This partnership will attract a wide range of apprentices. I think of a lot of time kids want to come to the trades but because of the stigmatism that you’re not smart if you’re in the trades. This will bridge that.”

components. Coupled together,

He adds, “If you’re looking for an

this would lead to a completion of

education but you can’t afford it, and

both in an associate’s degree from

you don’t have the means, then you

a SUNY school and the required

fall into that gap where there is no

elements of the apprenticeship

financing for you. All we’re asking

through the union.

for you is to come here, be able to

“The trades sometimes get looked on not as a first choice but as a last

work and be willing to learn and we’ll do the rest.” continued...

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Apprenticeship: A Degree Without the Debt “Few people took advantage of it. The idea is to

SUNY Orange

attract talent, through the BOCES system, through high schools and say not only will you get a four-year apprenticeship certificate with a NYS registered apprenticeship program, but in addition to that, you have the opportunity upon completion of your four-year program to have an associate degree.” As an added incentive, Ross said for any apprentice that graduates with an associate degree, the union will reimburse the tuition costs. All done without tax dollars. “We’re doing in-house with our own money. Doesn’t

Ultimately the degree program would be around 60-62 credits, with conceivably half the credits provided through the on-the-job training and the apprenticeship

require any money from the taxpayers. So yes, we’re providing a two-year degree free with no input or money from state or federal government.”

work. Ross and other union leaders have met with

Over the summer in a ZOOM chat that included Ross,

administrators from both SUNY Orange and SUNY

Hayes, Assist Exec. Secretary Treasurer of the Council

Sullivan in the hope that program would be offered in

Bill Banfield and State Sen. James Skoufis, Dr. Erika

the fall of 2022.

Hackman, Vice President for Academic Affairs said there’s a lot of shared vision to be sure.

“What we’re really trying to do is entice a new group of workers into union rolls,” says SUNY Sullivan President Jay Quaintance.

“This is exactly the type of work the college is set up to do, it to build these ladders of opportunity,” said Dr. Hackman in looking over some of the shared courses that include math and science. She shared with the group that her father was a carpenter. “I have a great appreciation and respect for what you do. There is a lot of flexibility. What I want to do is map out what you’re

“It’s partially an education process, getting young

looking for what we have to offer and how they align.

people and career changers to understand that these

It’s a lot quicker for us to be responsive if it’s a degree

jobs, although they are construction trades, are not kind

program that we already offer.”

of the construction trades of 50-60 years ago. These are very high-tech industries now. The completion of both the work experience coupled with the college degree

Ross shared his vision with the group for what he would like to see happen:

provides an avenue for a great, long-term career within

“When we have a graduation day, I would love to see

the union structure.”

our kids wear something special that shows that they

Jim Hayes, Assistant Exec. Training Director for NASRCC Local 279 noted that a similar partnership between the union and Alfred State College, located about 100 miles east of Buffalo was in place about 10 years ago but said both the distance and a commitment

are not only graduates of the apprenticeship program but also part of the New York State SUNY System. We usually have 60 students graduate. If 10 are SUNY students…that’s the dream.” blewis@ccahv.com

from the school made it hard for the program to take off. 14

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Apprenticeship: A Degree Without the Debt

Workforce Development Institute is a statewide non-profit that works to grow and keep good jobs in NYS. WDI began in 2003 as a partner to the NYS AFL-CIO and Area Labor Federations to provide workforce training and education services to regional and local unions.

WDI WORKS TO END STIGMA OF ‘COLLEGE-ONLY’ OPTION They use a range of tools — including “boots on the ground” information, workforce expertise, and funding — to facilitate projects that build workforce skills and strengthen employers’ ability to hire, promote, and retain workers. WDI partnered this summer with the Hudson Valley Building and Construction Trades Council for the inaugural Pre-Apprentices in the Hudson Valley Build-N-Beyond program for minorities and women.

Dan Cullen, the Director of Field Services and Mary Jane Bertram, the Hudson Valley Regional Director attended the graduation ceremony and discussed how important these programs are for the trades and the hurdles faced in attracted minority and women applicants for apprenticeship programs. continued...

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FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Apprenticeship: A Degree Without the Debt How do you attract minorities to the pre-apprentice

with guidance offices and help educate them so they can

programs?

educate their students. I’ve seen guidance counselors

Dan Cullen: Best thing to do is find trust in those

come around on this, I’ve seen schools have trade days

communities, people who know that you are committed

which is a great step in the right direction. We actually

to the success of the people who they are going to

find that its sometimes more the parents that are the

help you recruit. Todd (Diorio) connected with the

barriers. They don’t understand that their student is

NAACP, some church groups, that’s the beginning of

going to be successful. They’re going to be able to be

the blueprint. These students who graduated today are

independent and not live with mom and dad forever.

going to be the future ambassadors who are going to make that job so much easier. It’s a true word of mouth from people who have been successful and then tell other people here’s how you can follow me. There is a stigma attached to not going to college Mary Jane Bertram: A lot of times what you heard is that college is the only track. If you want to be successful, if you want a middle-class future, if you want to be able to retire with dignity your only option

MB: If they go into an apprenticeship program, they are paid for getting their education and training as opposed to taking out huge student loans to go through a four-year college program. Parents forget this is a good alternative DC: I’m 17 years out of college and I paid a student loan payment this morning and I’d like to stop doing that someday.

is college. When you need a plumber, when you need

Are people more aware of the apprentice programs?

an electrician, a carpenter, a laborer, when you need to

MB: I think the word apprentice is gaining some

repair the roads and you have to have those flaggers out

traction. I think there is still a lot of work to be done in

there directing traffic - all of these are important jobs

sharing the opportunities that exist in a union apprentice

to our society, and they give a middle-class future to

program with the building trades.

those who go through the apprentice program. It’s not a traditional college, it’s an untraditional college but it is

DC: We’ve heard about worker shortages, obviously

educational.

a lot since COVID, but in the last 5-7 years, it’s made

DC: We hear schools talk about STEM careers quite

to schools to try and find that solution in 5-10 years

a bit, but they often forget about the trades as STEM careers. Young folks who graduate today are going to be working in technology and engineering. The science comes in when they’re working at medical sites, chip fab plants and places that are being built in our region are at the cutting edge of technology. The last part of STEM is math. Ask the students about the math they had to pass in order to go through this program and they’ll tell you they sweated a little bit over it like so

employers and unions more likely to start reaching out down the road. How do you convince youngsters there is a route for them? DC: Get a kid in a car and bring them over to a union training center while classes are going on some night and have them take a look at all the pretty expensive beautiful new trucks that are in the parking lot and say, ‘you know how you get one of those? You go to class in here.’ I’ll

many of us do.

tell you do that in any one of the number of places around

Where is the wrong message coming from?

do I do that?’ ‘let me tell you how you do that, you do

here over the next few months. It’s a fantastic way. ‘How

DC: Guidance counselors get a bad rap. They have a tough job and they have to try and help a lot of students. It’s important that employers and the trades connect

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that through a union apprenticeship.’ blewis@ccahv.com

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Apprenticeship: A Degree Without the Debt

PRE-APPRENTICE GRADS LOOK TO A CAREER IN THE TRADES The Hudson Valley Building and Construction Trades Council working with the Hudson Valley Workforce Development Institute graduated the first class of the Pre-Apprentices in the Hudson Valley Build-N-Beyond program in August.

The seven graduates completed the

do it right, good pay and good

8-week, 160-hours program that

benefits so that you can take of

included academic classroom and

yourself and your family. That’s a

hands-on training with instructors

big deal.”

from Laborers Local 17 and visits to various trade union training centers before selecting which trade they wanted to join. Funding for the program came from a $200,000 grant secured by State Sen. James Skoufis.

Raymond Russell, 30, from Newburgh agrees that the pre-apprentice program is a life changing experience and explains why he selected Laborers Local 17. “Not doing one thing my whole life, doing multiple things. One

“We wanted to offer an opportunity

day you could be digging a

to young people like yourselves

trench pouring concrete, drywall,

who otherwise would not have an

demotion, you never know. That’s

opportunity, to get into the trades,”

what I like about it. Exciting.”

said Skoufis to the graduates. “I hopefully don’t need to tell you that this is a life-changing chance you’ve got here, where you’re going to have a job for life if you

Caroline Krzeminski, 20, graduated from Valley Central and planned to get a job as an electrician but couldn’t find any jobs. After doing

continued... ON THE LEVEL:

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Apprenticeship: A Degree Without the Debt The Pre-Apprenticeship Program allows for direct entry into local unions affiliated with the Hudson Valley Building and Construction Trades Council. “The funding secured for this program gives minorities and women the opportunity to enter a trade of their choice and begin a career in the construction industry,” said Todd Diorio, President of the Hudson Valley Building and Construction Trades Council. “These are good jobs with good benefits and will allow these individuals to work in the community they live.” Raymond Russell

one-on-one work with kids she got into the pre-apprenticeship program and choose Operating Engineers Local 825. Her friends and family are surprised but supportive of her decision. “I tell them and then they get really excited for me,” said Krzeminski. “They tell me this is a great opportunity, I don’t have to worry about any of those finances to pay for college. Then they get jealous about this and they wish they were a part of this program and then they wouldn’t have to worry about college and they’d just be getting right to work with a great job and great pay.” Javier Bravo, 18, graduated from Pine Bush and is now in the Laborers Local 17 apprentice program. He says this is the right choice for his future. “I have a lot of friends who went to college just because family tell them to go to college.” He added, “I had a friend who went to college for about a month. He dropped out and he was in debt. He didn’t get anything out of it. Everybody says it’s about the college experience. But I didn’t want to take the chance of getting nothing out of it.”

ON THE LEVEL:

> WATCH THE VIDEO https://www.ccahv.com/cca/pre-apprentice-graduateslook-forward-to-a-career-in-the-trades/ FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Apprenticeship: A Degree Without the Debt

THE CONSTRUCTION INDUSTRY’S CHALLENGE TO ATTRACT WORKERS By Earl R Hall

Ten years ago, construction industry executives anticipated that in just a few years there would be national and local shortage of skilled craftsmen and craftswomen.

Earl Hall,Executive Director Syracuse Builders Exchange

The data suggested a large percentage of those eligible would retire, and the next generation worker was not being attracted and retained to fill those positions. In addition, the increased construction activity across the country, in particular the larger urban cities and surrounding regions, would require an increased supply of labor to support construction building and highway demand.

continued...

ON THE LEVEL:

19 F A L L 2 0 2 1 Q>UWATCH A R T ETHE R LY P U B L I C AT I O N VIDEO: https://www.ccahv.com/cca/iron-workers-bring-tub-

Apprenticeship: A Degree Without the Debt

Today the industry continues to address challenges associated with a skilled labor shortage. New York State is at the epicenter of the issue, struggling to attract apprentices and journeymen and women alike into a very physically demanding industry, which also ranks as one of the most dangerous professions in the United States. THE CHALLENGE

TODAY’S ENVIRONMENT

Attracting people into the industry throughout central New

Elected officials and bureaucrats alike have required that

York has always been a challenge. For decades employers

workforce development and contract award goals be

and union apprenticeship programs have attempted to

included on public work projects. Those noble goals may

identify and attract people of all sexes, races, skin color

be in the form of contract awards to minority, women, and

and ethnicity. Unfortunately, in some cases a person might

service-disabled veteran owned businesses (“M/W/SDV”),

hold an adverse opinion of construction professions.

preferential bid discounts afforded to the above or diversity

Others may be dissuaded from exploring a career in

hiring goals of employees. Although such are well

construction because of the physical demands and working

intended goals, too often capacity to achieve such goals

at times in difficult working and environmental conditions.

may not exist in the region where such goals are assigned.

Others have complained the average construction worker may only work 1,600 — 1,800 hours per year. Recently, a barrier to entry for some is the lack of transportation and childcare. Those reasons are not to be ignored and must be addressed when attempting to attract future candidates into the industry.

Local and regional socio-economic issues championed by community leaders, activists and politicians have also delivered a narrative on the necessity of diverse workforces in the industry. While laudable and desired, capacity problems remain in that such required targeted people in society have not been attracted to the industry for reasons stated previously.

AN EMPLOYER’S VISION Employers and union apprenticeship programs today have evolved to adapt to the challenges identified above. Both union and non-union employers alike strive for long-term, career-oriented employees in their companies for a variety of reasons. Employers want people who are self-motivated, safety-conscious, reliable, and hardworking who can

How do employers, and the industry in general, overcome these issues and attract people of all races, color, sex, and ethnicities to create a diverse workforce in the construction industry?

get to and from their place of employment daily. One of the top priorities of employers is to provide their employees with a safe working environment, all the

SOLUTIONS

necessary safety equipment and all the necessary and

Creating and maintaining a sustainable workforce

required education and safety training. A safe workforce

development program must be inclusive. Local and

is a productive workforce. Workers’ compensation claims

regional initiatives should be embraced so long as they do

are a lose-lose situation for any employer as one of their

not adversely impact existing career construction workers

employees is now injured, and the company’s workers

or the employers who hire them.

compensation insurance premium will increase. Keeping employees safe on dangerous job sites is paramount to an employer’s ability to be successful and profitable.

ON THE LEVEL:

Focusing on training potential workers for specific, short-term construction projects should be used as a launching pad for the next generation construction

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Apprenticeship: A Degree Without the Debt worker. Identifying those candidates

Over the years, I have served on

from socio-economic challenged

the Syracuse City School District’s

and low-income segments of our

(“SCSD”) Career and Technical

society is difficult, yet an initiative

Education (“CTE”) Advisory Board

worth pursuing for many reasons.

to help develop curriculum in the

I challenge those involved in such

construction related pathways offered

initiatives to think long-term and

to students in the SCSD. The CTE

focus on creating a career construction

program attracts students entering

worker. A construction worker who

middle school who may not have an

will stay engaged in the industry and

interest in higher education, and who

make construction his or her career.

would rather choose a career pathway

While community leaders, elected

to enter the workforce upon high

officials and bureaucrats look to

school graduation. It targets students

address local problems that impact

of all races, color, sex, and ethnicities,

local constituents, the construction

and serves as a resource to nurturing

industry should take advantage of

young students into career pathways

this in an effort to promote a career in

for which the industry is in dire need.

construction and the amazing benefits and opportunities the industry has to offer on a long-term basis.

ON THE LEVEL:

Jesse Omderdonk of Monroe, a third-year apprentice at the Carpenters renovated training center in Rock Tavern.

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

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Local 754 Rockland County, NY Stephen Reich Business Manager Kenneth Lewis President

Lorenzo Henderson Vice President

Kevin Wagner Recording Secretary

Robert Bonomolo Secretary Treasurer

Bradley Ashford Sergeant at Arms

Executive Board Members: Joseph Coskey Brian Barbera, Jr.

215 Old Nyack Turnpike Chestnut Ridge, NY 10977 Phone 845-425-5073 www.local754.com

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FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

IRONWORKERS Local Union 417 Newburgh, NY 583 Route 32 Wallkill, NY 12589 Telephone: 845-566-8417 Fax: 845-566-8420 www.ironworkers417.org

Michael Gaydos, Business Manager/FST Matthew Stoddard, President/BA Michael Dunn, Vice President Keith Eisgruber, Recording Secretary

EXECUTIVE COMMITTEE Brian Fries James Gardner III James Hubbard James McGrath John McGuire

BOARD OF TRUSTEES Mark Gaydos Christopher Kunze Richard Schroder

BUILDING THE HUDSON VALLEY SINCE 1927

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FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Construction Industry Near Top of Vaccination Refusal Rate By Barry Lewis, Vice President of Communications for CCA

Almost half, 46.4 percent, of U.S. construction/extraction workers—union and non-union combined—said they probably or definitely would not get vaccinated against the still-potent coronavirus, a new study shows. That’s the highest refusal rate among all occupations, researchers at Carnegie Mellon University and the University of Pittsburgh report. It’s also consistent with previous studies, the researchers

president of Clean Air Quality

found. The reasons the workers cited include lack of

Service, Inc. and President

trust in the vaccines’ effectiveness, general distrust in

of Southeast New

government, concern about side effects, and a general

York Chapter of

belief that vaccination is unnecessary.

SMACNA.

The study, which has ranged over months since the start of the year, covered more than 732,000 workers in all occupations, ranging up to the age of 65. People over 65 were not included because the study covered active workers and because the oldest were in the highest-risk group and thus got the vaccines first, anyway. The least-hesitant workers—with under 10 percent resistance to vaccination— were educators and people working in life, physical or social sciences, the researchers said. Almost half (47.9 percent) of workers who resisted were concerned about side effects. A third, combined, didn’t believe they needed the shots, didn’t trust the government, didn’t trust the vaccine, or were waiting for more information. “A lot of the younger guys specifically feel they don’t need it and they don’t want to run the risk of any future health risks that they heard about,” said Lou Doro, vice

ON THE LEVEL:

“That’s why they’re hesitant. They flat out said, `we’ll sit home.’ You’re not going to change their mind. They feel they’re healthy, they’re fine, if they get COVID they’re fine. They’d rather risk getting it than risk any effects that might come the vaccine.” The lack of trust points scored highest with the groups of workers who were most vaccine-resistant, led by construction, but including a few other groups, the researchers added.

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Construction Industry Near Top of Vaccination Refusal Rate

“

Todd Diorio It’s amazing how the numbers are in construction. A survey was done at a job recently, last 10 days and only 22 percent of the hundred guys were vaccinated. I believe it (Banfield numbers).”

Prior to the pandemic, a survey by other researchers indicated construction workers are among the least likely to seek seasonal flu vaccines. Still other research showed a high percentage of construction workers had risk factors such as smoking or respiratory disease. Construction union leaders have urged members repeatedly to be vaccinated since working conditions on construction sites are often not fit for other anti-viral measures, notably physical distancing. Bill Banfield, Assist. Exec. Secretary of the Council of Carpenters Local 279 said, “Social distancing isn’t just not a problem now; it was when the pandemic started. I am concerned that the un-vaccinated will cause undo threats of spreading the illness and the cycle will continue.”

*Construction occupations may include non-construction workers. **Questions related to distrust of vaccines were not asked between survey start dates May 24th and July 11th, nor after survey start date July 25. Data Source: Delphi Group (2021). COVID-19 Trends and Impact Survey. https://cmu-delphi.github.io/delphi-epidata/symptom-survey/

“

Bill Banfield

At the same time, with the economy picking up and

We have nothing but push back from the members with getting the vaccine.

construction booming—at least in certain areas— discussions have begun about whether employers should, or if they could, mandate employees receive the anti-COVID-19 vaccine in order to report to work. “We recommend to the guys and I try to tell them - you’re limiting yourself where you can work,” explained Todd Diorio, President of the Building Trades Council of the Hudson Valley and Business Manager for Laborers Local 17. “A lot of job sites do require you to be vaccinated. A lot of hospitals require it. I’m guessing about one-third of our guys are vaccinated. I’ve told them, `If you don’t have your vaccination card you’re going to be limited to where you can work.’ Eventually they’ll figure it out.” ON THE LEVEL:

We have taken incentives to our members by raffling off a GMC Sierra Pick Up Truck worth $80,000 and a number of other monetary gifts for any active member that provides proof of vaccination. We have approximately 20,000 active members and of that only 2,327 (11 percent) have taken advantage. When we inform the membership and encourage them to get vaccinated and join the raffle, we get inundated with derogatory comments of those not willing to get the vaccine.”

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Construction Industry Near Top of Vaccination Refusal Rate With a large percentage of construction workers

For the union construction industry, this is a complicated

unvaccinated, job sites could be ripe for future outbreaks,

matter, fueled by a building boom in many regions of the

which would cripple the ability of contractors to finish

country and established collective bargaining agreements.

projects on schedule.

However, many of the leaders are urging their members to

An outbreak on any job site has the potential to shut down

get the vaccine, as they walk a fine line between pushing

the project for up to two weeks, leaving the remaining

vaccination, respecting a worker’s personal medical

healthy workers without a paycheck as the worksite is

decision, and placing signatory contractors in a potentially

disinfected and workers who are sick or were exposed are

perilous situation if an outbreak would occur.

forced to quarantine. Combine this with ongoing worker shortages in many parts of the country, and contractors face hard choices. Doro thinks that a motivating factor for workers to get vaccinated could be the loss of a job.

Banfield said they will continue to push the message and need for vaccinations. “Construction workers are stubborn, opinionated and at times we think we are invincible. The jobs will get done and the Council will continue to educate our members on

“We already see it. Only a matter of time before most

wearing PPE and the importance of getting vaccinated,

corporations will want their employees protected as well.

not only to protect your co-worker but most importantly

If guys have to sit home and it hurts them in the wallet that

your family.”

may be a deciding factor.”

“

Lou Doro We actually did a poll of all of our employees over the last week and we found out only 50 percent have been vaccinated.

That’s 90 employees between office and field staff. It surprised me. Down the road, I honestly think we’ll probably get another 25 percent vaccinated. But I think the holdouts will depend on how long they can stay out of work. New construction sites, probably by end of the year, will be requiring the vaccine.”

ON THE LEVEL:

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

What Contractors, Unions and Workers Need to Know about Vaccination Issues. By Thomas Tripodianos Thomas Tripodianos is a Partner at Welby, Brady & Greenblatt, LLP, where he is involved in all aspects of construction, labor and real estate law. ttripodianos@wbgllp.com

Contractors must adhere to the ground

Unions are not employers

rules surrounding a job I recommend they take into account the environment of the job. Will they be working with a population that either can’t be vaccinated (children) or somehow is immune compromised? Is the project in a hospital or nursing home? I think with the FDA approval of the vaccine, the employer hiring the contractor would be on much more solid footing to turn around and say, ‘hey, you have to be vaccinated if you’re going to work on those types of projects.’ The contractor can tell his workforce if there aren’t enough other jobs there could be layoffs.

They don’t have as direct concern as the contractor would. However, if they can’t supply the employer member with workers then that employer is free to go out and find an alternate work force in order to complete a project. From a practical standpoint, the unions are going to feel pressure because they’re not going to be able to put all their members to work. If the members don’t have the qualifications (being vaccinated) to work, then they’re going to sit on the bench and wait. The trend is that more and more jobs are going to require vaccination. The workforce will start dwindling if more workers don’t get vaccinated.

Contractor first obligation to its employees

What are rules about asking

They have to commit to providing a safe work environment. Even before FDA approval the employer needed to maintain other safety protocols in terms of masks and social distancing. Now, requirements are coming from up above. A hospital says, ‘all medical personnel have to be vaccinated, that’s our policy, and we’re pushing that down the line to everybody, not just our own hospital employees but every outside independent contractor that comes to work.’ Now it’s a change in work conditions on that project. Either the employee meets those requirements, or they don’t. It’s simple. Like, either you have an OSHA 10 card - or you don’t. If you don’t, you can’t work.

You’re well within your right to ask, ‘are you vaccinated?’ It’s limited to that yes or no question. ‘Are you or are you not?’ If the answer is yes, you can ask for proof of a vaccination. You don’t have to do it on the honor policy. They can show the Excelsior Pass or vaccination card. I would treat it similar to requesting documentation to fill out an I-9. They don’t need to make a photocopy and send it. It just needs to be seen by a supervisory person, office manager or a job foreman. It shouldn’t be common knowledge, or that everyone holds up their card. The only information the employer should keep track of is the person’s name, did they provide proof of vaccination, when are they scheduled to get or when they did get a second shot. Now you have one piece of paper with all employees listed and only the critical info that you need. A lot easier to track and keep secure. continued

ON THE LEVEL:

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

What Contractors, Unions and Workers Need to Know about Vaccination Issues What can’t you ask an employee? ‘Why?’ ‘Are You not getting vaccinated?’ I would not ask the question, ‘Do you intend to be vaccinated?’ It seems harmless. I’m sure other people might disagree with that and tell you it’s a proper question to ask. I think the safer bet is, if you are an employer, is to make sure you have a legitimate reason to ask the question, ‘Are you going to be vaccinated?’ You might want to ask to plan your workforce needs. You have a job that is going to require vaccinated personnel. Can you count on that employee to be available? You could say, `I’m considering you for this job, your start date will be this, and in order for you to work you have to be vaccinated by this date. Will you be eligible to work this job?’ You’re getting the same information, but you’re telling them why you are asking the question.

Should a company have one standard for everyone? Should I mandate that my back-office personnel who basically come and sit at their desk all day and then go home, should they have to be vaccinated just because we have a people in the field who are working at a hospital – no. It can’t be an across-the-board situation. Those people similarly situated, yes, they all should be treated the same.

What do you hear from the trades? They are very concerned about having enough workers available. That was a concern before COVID and had nothing to do with a vaccine. Now, it’s just becoming even worse. There’s even a smaller percentage of those people who are going to be available. The trend is more and more job sites are requiring vaccinated-only personnel.

What options are available to union members? All orders are directed at the employer. The union is not the employer. They have no direct skin in the game. They can’t say, ‘in order to be a member of Local 17 you have to be vaccinated.’ That’s not going to happen. But from a practical standpoint, if they want their members to work they should engage in an informational campaign to let the workforce know that’s the situation, explain that executive orders and private mandates are valid, they’re enforceable, and not something the union is going to challenge. You can’t harass someone based on their vaccination status

ON THE LEVEL:

It’s no different than discriminating against someone based upon race, creed, sexual orientation, gender. Is it one of the protected classes? No. But certainly a case could be made in court that discrimination because of vaccination status is a form of creating a hostile work environment.

Rules can change at a job site Plan your workforce accordingly. If you’re going to work on jobs or bid on jobs that require vaccination, if you’re on a job and now you’re getting these mandates coming down, be vigilant. You have to put in a notice of claim. The owner, or the GC, if you’re a sub, is now requiring an additional condition and a job qualification for the workforce that didn’t exist at the time you bid or contracted. It’s a change condition so you should put in a claim. ‘You’re mandating a vaccine. I may not be able to field the job anymore. I’ll need additional time to complete this because I don’t have the workforce available and potentially I’m going to need additional money because in trying to meet this requirement, I’m going to engage in a campaign to get my people vaccinated. Incentivize them. Or, I’m going to have to pay vaccinated workers a premium; they can work on job a or b, they can choose an employer who will pay more per hour. Maybe even pay more than prevailing wage or union rate.’

What’s the next six months like? I think you’re going to see a higher trend of jobs that are going to require vaccinations, as all three vaccines receive FDA approval. You had owners and large-scale companies that were on the fence that wanted to mandate vaccines but wouldn’t pull that trigger until there was an FDA approval. It’s a lot easier to take a philosophical or political stance when it doesn’t hit you in the pocket. You can maintain the position that `no one can tell me I should or shouldn’t be vaccinated, that’s my personal choice,’ but if that is coupled with the realization you might not be getting a paycheck, a lot of people are going to change their tune. That’s my suspicion. There are going to be fewer and fewer jobs for the unvaccinated.

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

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FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

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Understand the Reporting Change to Leases Before 2021 Ends By Michael Turturro

As a part of daily operations, most contractors have leased vehicles, buildings, trucks, construction equipment or other items to keep costs down and business running smoothly. Did you know that, in a matter of months, your leases will be accounted for differently due to the new lease accounting standard? While previously only capital leases were recorded on the balance sheet, effective for fiscal years beginning after December 15, 2021, all leases will be on the balance sheet. That translates to January 1, 2022 for calendar year entities, and fiscal 2023 for non-calendar year end entities. What does this mean moving forward? It means contractors need to make sure they have a thorough handle on all of their leases. Now is the time to review and evaluate contracts.

New definition of a lease The new definition under ASC 842 says, “a contract, or part of a contract, that conveys the right to control the use of identified property, plant, or equipment (an identified asset) for a period of time in exchange for consideration.” This slight change means that all contracts should be evaluated to determine if they fall within the scope of this new criteria. Contracts that were previously considered leases may no

longer meet the lease criteria and vice versa. Be mindful of lease language when you are reviewing your contracts.

Two categories of leases The leases formerly known as capital will now be called finance leases. The classification criteria remain essentially the same as under the existing standard; the only major difference is the elimination of the bright-line percentages. All leases that do not meet one of those criteria will be classified as operating. If a lease contract includes a non-lease element, that non-lease component must be accounted for as a separate contract distinct from the lease itself. For example, the cost of an equipment lease that includes a maintenance contract must be allocated between the two elements and accounted for separately. Lease liabilities for operating and finance leases will all be accounted for in the liability section the same way capital leases currently are: split between current and long-term. The offset to the liability will be a right of use (ROU) asset. There will be two lines: a ROU asset - operating lease line, and a ROU asset - finance lease line. These ROU assets are all long-term. The new standard was designed so that there should be minimal impact to your income statement. Operating leases will continue to be recognized as a straightline expense over the life of the lease. Finance leases will continue to be

ON THE LEVEL:

Michael Turturro, CPA, is a Managing Partner with RBT CPA’s and in charge of the firm’s Technology Committee. He can be reached at 845-567-9000 Ext. 236 or at mturturro@rbtcpas.com

frontend loaded because the interest is higher at the beginning of the lease than at the end.

Important impact The most significant impact will be on the company’s current ratio. Because the ROU assets are all long-term but the lease liability is split between current and long-term, the current ratio will be negatively impacted. This change will be particularly important for entities with debt covenants that reference the current ratio. If you have significant operating leases that may create an issue with your debt covenants, connect with your bankers now and make sure that they are aware of the new standard.

Key to know Ultimately, it’s important that both the borrower and the lender understand that this is a reporting change, not a change in a company’s financial situation. Having this conversation early on instead of waiting until the last minute will avoid confusion, and a lot of headaches. If you’d like to get a head start so you aren’t scrambling to figure out the logistics once January arrives, the time to act is now.

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

SUPPORT FOR LABOR UNIONS AT HIGHEST MARK IN HALF A CENTURY By Barry Lewis, Vice President of Communications for CCA

Even as the U.S. grapples with the coronavirus pandemic and economic conditions in the U.S. remain tenuous, American’s support for unions is at its highest percentage in over 55 years. Sixty-eight percent of Americans approve of labor unions, according to a recent Gallop poll.

That’s the highest percentage Gallup

since 2016, except among union

according to the poll. In 1953,

has recorded since 1965, when 71

members, whose approval fell to

when overall approval reached

percent of Americans said they

86 percent from a recent high of 93

the all-time high of 75 percent,

approved of labor unions. It’s a slight

percent in 2019.

Democrats’ approval was 79

uptick from recent years, and far above the all-time low 48 percent mark from 2009, during the Great

Gallup found that 90 percent of Democrats approve of unions, the

percent and Republicans’ approval was 64 percent.

best mark in two decades. Two-thirds

Previous Gallup data have found that

of independents and 47 percent of

while Americans largely think unions

Union approval increased among

Republicans approve of unions, the

help their own workers, they are less

nearly all demographic subgroups

highest percentage in recent years,

inclined to say they are helpful to

Recession.

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FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Democrats, Republicans have moved further apart in views of labor unions

% who say labor unions have a positive effect on the way things are going in the country

The PRO Act is meant to counter right-to-work laws and corporations’ aggressive anti-union campaigns that labor advocates say have contributed to declining union membership. Gallup’s annual Work and Education poll conducted Aug. 2-17, 2021, found: • At least 68 percent of Americans approve of labor unions, statistically similar to last year’s finding of 65

Source: Survey of U.S. adults conducted July 8-18, 2021 PEW RESEARCH CENTER

percent. The current reading is the highest since Gallup found a 71 percent approval in 1965.

the U.S. economy overall. As such, support for unions has

• Approval has increased among nearly all major

been weaker during challenging economic times.

demographic subgroups since 2016, with the one exception

Americans’ continued high approval of unions may result from a current focus on issues other than the economy. Generally, when economic indicators have been negative, the economy has been viewed as the most important

being labor union members, whose approval has been no lower than 75 percent since 2001. Currently, 86 percent of union members approve of unions, down from the recent high of 93 percent in 2019.

problem facing the nation, but that is not the case now.

• Approval is relatively high among young adults

The public is divided in its assessments of the biggest

aged 18-34 (77 percent) and those with annual household

U.S. problem, with roughly one in five each citing the

incomes under $40,000 (72 percent).

coronavirus, the economy, race relations and leadership.

• Democrats are the most approving of unions. Their

The percentage of American workers who belong to a

latest approval of 90 percent is the highest it has been in

labor union has declined in recent decades, despite a slight

the past two decades and up seven points since last year.

uptick last year amid the pandemic. In 2020, 10.8 percent

Republicans’ (47 percent) and independents’ (66 percent)

of wage and salary workers ages 16 and older belonged to

approval is essentially unchanged from a year ago.

a labor union, down from 13.4 percent in 2000, according to the Bureau of Labor Statistics. Six-in-ten U.S. adults say the large reduction in the percentage of workers represented by unions over the past several decades has been very or somewhat bad for working people, while a similar share (56 percent) say it

Demographic differences in American’s views of labor unions

% who say labor unions have a positive effect on the way things are going in the country

has been very or somewhat bad for the country, according to an April 2021 Pew Research Center survey. In 2018, researchers at MIT found that approximately 48 percent of nonunion workers would join a union if they could — representing some 58 million workers and nearly half of the nonunion workforce. Labor unions capitalized on the findings, using them to

*Asians adults were interviewed in English only. Note: White, Black and asian adults include those who report being only one race and are not Hispanic. Hispanics are of any race. Source: Survey of U.S. adults conducted July 8-18, 2021 PEW RESEARCH CENTER

renew calls on Congress to pass the PRO Act, sweeping pro-union legislation that would make it easier for workers

blewis@ccahv.com

to organize. ON THE LEVEL:

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ON THE LEVEL:

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PharmaCann Expands Medical Marijuana Facility in Orange

Holt Leads Construction in $32 Million Project By Barry Lewis, Vice President of Communications for CCA

Phillip Wagner repeats the word “relationship” throughout the rare, behind-the scenes tour he gives of PharmaCann as he discusses the $32 million renovation and expansion managed by Holt Construction at the company’s highly complex medical marijuana cultivation and manufacturing facility in Hamptonburgh. “Construction is going better here than anywhere in our company,” said Wagner who is the Operations Manager for PharmaCann, the first company in New York State to be issued a license to manufacture medicinal cannabis. “It’s been about the relationship with Holt and the relationship they have with the trades people and with the vendors and doing everything they can to exceed expectations. That’s been a real success story for this site and a first for PharmaCann.”

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continued

PharmaCann Expands Medical Marijuana Facility in Orange

Wagner believes that relationship has made all the difference in terms of managing timelines, delivering on expectations and delivering on the quality of work, especially through COVID. Holt officially broke ground in June. Expectations are to

a result of the pandemic and the regulations tied to the

have the construction project completed by the fall

medical marijuana industry.

of 2022.

“Everything from foam insulation to metal steel studs,

The project, just under a total of 50,000 square feet, calls

you name it, electrical equipment, everything has been

for a complete renovation of PharmaCann’s existing

delayed and the dates keep changing so it’s like trying to hit

facility as well as tripling the greenhouse capacity for

a moving target. It’s why we try to do as much as we can,

growing. It will finish construction on a greenhouse that

when we can, and look forward to precuring more of the

was partially erected in the first round of construction on

materials that we need. Luckily in this job there are multiple

the site about six years ago and add a third indoor grow

phases and some of them will overlap,” said Chippa.

to the rear of the facility, bringing it to about three acres total for cultivation capacity and a complete renovation to bring the headhouse processing areas to good manufac-

Chippa said there are about 130 trade members working on the project running multiple shifts.

turing practices (GMP) food processing pharmaceutical

He added, “We had to early on identify things that could

processing standards.

have been 30 weeks out and we only had 15 weeks. OK,

Christopher Chippa, Project Manager on the site and a Senior Project Manager at Holt said that extensive lead times had to be made in both manpower and materials as

we’ve got to get that transformer ordered now, we’ve got to communicate with Central Hudson now, deal with all those things so lead times get absorbed. You have to get ahead of it before the project starts.”

Phillip Wagner, Operations Manager for PharmaCann

> WATCH THE VIDEO https://www.ccahv.com/cca/holt-leads-construction-of-32m-medical-marijuana-facility-in-orange/ 38

ON THE LEVEL:

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

PharmaCann Expands Medical Marijuana Facility in Orange

Wagner said they knew there was going to be challenges. “We started this planning process going back into last year. Because of COVID we were dealing with PPE requirements, in the heat of the impact there was maximum employment density in areas, managing social distancing, hand washing capabilities, face masks, air exchanges we knew that stuff would be a barrier to manage on an active construction site,” he said, adding that everything was executed flawlessly with an agreement with the trades. Among those working on the project are Darling Associates, Perreca Electric, MDS HVAC-R and Tri-State Drywall.

only for cannabis products, Wagner says the company is preparing for future growth. “At the height of the pandemic we did see increased demand for medical cannabis products, so we need to make sure we have the existing capacity and future capacity, even looking out 6-12 months. This expansion process has helped us to ensure that we’re able to serve those medical patients. Halfway through the year we did get the adult use planning process approved for New York State so we will make sure that we have the capacity available to even serve the future adult-use market in New York. While the marijuana grow house is a first for Holt, Chippa said the construction company and its subs deal with it like

“The project will allow us to move to super-efficient cutting-edge LED technology for lighting, improving our air flow to improve the health and the quality of our plants and reduce the humidity that the plants demand. It will also improve the ergonomics and conditions for our employees to work on the plants, improve bench and racking systems to improve accessibility to the plants. They do take quite a bit of maintenance from topping to pruning and removing undergrowth and the harvest can be quite labor intensive,” said Wagner.

Although PharmaCann is limited in a medical market

any other project. “Yes, it’s our first cannabis experience but when you get right down to it, all the drawings and specs, it all boils down to basic construction and we treat any room as we would any other medical facility.” He adds, “the best part about it has been enjoying and learning about their processes so you do have to take into consideration the harvest schedules and all the equipment and things that they need to produce their product.”

Wagner circles back to the word “relationship” and how that has made a difference both financially and quality-wise for PharmaCann during the renovation and expansion project. “It would have been easy for a contractor to come in and say, ‘yep, tear everything out, we need everything new,’ take that money and pocket the difference even though there was perfectly usable, perfectly accessible electrical equipment. But that’s the relationship we have with our vendors, our longtime contractors, like Perreca working with Holt and Chris, managing the construction project so that we can find those opportunities that result in cost-savings, increase safety and increase reliability. That is something we haven’t had from contractors in the past.”

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Economists: Warehouse Construction Leads Post-Pandemic Recovery Recent economic data from the construction industry depict an upswing from the fiscal downfalls associated with the pandemic, but those numbers are being skewed by specific construction sectors that have exploded in the last year. Warehouse and data center construction have shown meteoric growth, while nearly all other sectors have declined and are only recently showing signs of recovery.

The good news is that most analysts predict a surge in spending in the coming months. “Projects entering the planning stage remain at levels not seen in several years,” Branch says, “and forward progress on an infrastructure program and the federal budget provides hope that brighter days are ahead.” He says the importance of the five-year infrastructure bill cannot be overemphasized. “Our models are suggesting that thanks to the $550 billion infrastructure package, the total nonbuilding starts will increase by 34 percent from 2021 till the end of our forecast window in 2026.” Dodge has not included the bill in this year’s forecast for

According to the third-quarter construction outlook

total construction spending.

released in late August by Dodge Data & Analytics, the

Cost of materials impacts spending

economy — at least for the construction industry — is

The numbers this year remain sluggish, but eight

“moving sideways.” Steady growth is being hampered by

construction economists from varying investment

skyrocketing material prices, shortages of skilled labor,

and consulting firms that make up the Washington,

the threat of runaway inflation, and a surge in the delta

D.C.-based American Institute of Architects’ midyear

variant of the coronavirus.

Consensus Construction Forecast panel predict a

Dodge predicts a 7 percent increase in total construction spending, totaling $855 billion by year’s end, which would be similar to pre-pandemic totals in 2019. However,

4.6 percent increase in nonresidential construction spending in 2022, compared with a decrease of 3.9 percent this year.

Dodge chief economist Richard Branch notes that if

The rising cost of construction materials threatens to

residential construction data were removed from the total,

stagnate construction spending throughout the U.S. in

“we are looking at another year, potentially two years,

the coming months. In general, construction material

before nonresidential building is back to its 2019 peak.”

costs have risen more than 33 percent in the last year,

ON THE LEVEL:

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

according to data from the U.S. Bureau of Labor

$1.4 billion. During the first eight months of this year,

Statistics. Branch says that recent data suggest that

construction spending rose 7.0 percent above the same

lumber prices are beginning to stabilize and even slightly

period in 2020.

decline, but the cost of other materials like metals and plastics continues to rise dramatically.

• Nonresidential construction was at a seasonally adjusted annual rate of $455.6 billion in August, 1.0

When it comes to material prices, he notes that “we are likely to see escalated prices at least till the midpoint of 2022.” This will continue to exert downward pressure on construction starts, according to Branch.

percent below the revised July estimate. • Public Construction spending in August was at an estimated seasonally adjusted annual rate of $341.9 billion, 0.5 percent above the revised July estimate.

For commercial building starts, Dodge predicts a 9 percent growth rate for 2021, led by the warehouse subcategory. If the warehouse category is removed from the commercial construction starts data, growth in 2021 becomes just 2 percent for the year.

• Educational construction was at a seasonally adjusted annual rate of $79.8 billion, 1.1 percent above the revised July estimate. • Highway construction was at a seasonally adjusted

While companies are desperately searching for labor and are offering hiring bonuses and higher wages,

annual rate of $98.3 billion, 1.6 percent above the revised July estimate.

amid a record number of unfilled job openings, still

The COVID-19 pandemic brought a halt to the growth

6.1 million fewer people were working in July than

of the construction industry nationwide which, prior

before the pandemic, and 13 million people were still

to the pandemic, had been growing strongly. This was

claiming state or federal unemployment benefits. But this

especially true in New York State and New York City.

weird phenomenon is showing signs of loosening up. Employment in construction rose by 11,000 workers in July, after two months of declines, for a net decline over those three months of 18,000 workers, to 7.4 million workers.

Construction spending saw modest gains Construction spending during August 2021 was estimated at a seasonally adjusted annual rate of $1.5 billion, virtually unchanged from the revised July estimate, according to the U.S. Census Bureau. The August figure is 8.9 percent above the August 2020 estimate of

ON THE LEVEL:

Before 2020, the nation’s construction employment increased for nine consecutive years, though it never met the peak reached before the Great Recession. However, in the State and the City, jobs reached a record high by 2015. As the overall picture of the construction industry economy depicts a sluggish recovery, Branch says that “significant dollars in the pipeline gives us hope that construction starts will begin to post more modest and broad-based growth patterns as we transition from 2021 into 2022.”

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Should Investors Try to Anticipate Market Declines? Market Corrections, Recoveries and Long-term Returns By Lon Birnholz

With the media and investment commentators’ constant focus on predicting the next market downturn, it is easy to lose the proper long-term perspective, to get spooked out of the market unnecessarily, or to try to sell in advance of an “expected pullback”. The main problems with this thinking are that the feared pullback might occur after the market has made a further significant advance, or that the investor is slow to return to the market, waiting for an “all-clear” sign, thereby potentially missing an important part of the next move upward. The objective for many investors is to find a stock/bond mix that participates in good markets, provides a desired level of protection during market declines, and allows one to sleep at night. The most difficult part of succeeding is sticking with the plan, especially when the environment seems ripe for a sell-off. To put market selloffs in perspective, we recently studied a near three-decade period of market pullbacks, corrections, and bear markets, the subsequent time to recover back to the previous high, and the total returns through the stock market’s ups and downs. Over the study period from Dec. 31, 1992 – June 30, 2021, using the S&P 500 ETF as a proxy for the stock market, we found there were 34 market pullbacks of 5 percent or

more, an average of 1.2 pullbacks per year. Twenty-one were in the 5-10 percent range, 10 were in the 10-20 percent range, and only three were over 20 percent. The time between corrections varied, as did the magnitude of the decline. Overall, the average pullback lasted for 2.9 months and took 4.8 months to return to the previous high. The average pullback was -12.9 percent. Each decline that occurred during the study period was followed by a rebound, and the market moved to new highs thereafter. Market volatility, corrections, and bear markets are part-and-parcel of equity investing. Even including these negative periods, however, investing in stocks has resulted in attractive returns over time. For the full 28½ years studied, stocks returned 1,572 percent cumulatively or 10.4 percent compounded annually, an attractive rate of return. Three-quarters of the time, stock investors achieved 10-year annualized returns of at least 6 percent. And only 10 percent of time were 10-year annualized returns -0.1 percent or worse.

Patience will be rewarded The key takeaway is that over time, stocks have provided favorable returns, including the downturns. While stocks have and will likely continue to earn favorable returns over time, returns for any future

ON THE LEVEL:

Lon Birnholz is senior managing director for Matrix Asset Advisors, overseeing fixed income portfolio management and heads business development and client services activities. lon@matrixassetadvisors.com

212-486-2004

period are entirely unpredictable. Sell-offs can occur at any time and are difficult, if not impossible, to predict, especially with any level of consistency. Of course, pullbacks can be scary and very uncomfortable, but they historically have been followed by equally robust recovery. Most of the rebounds have occurred at a surprisingly fast pace and started when least expected. We believe the best course of action is to set an appropriate asset allocation and stay with it through the ups, downs, and subsequent ups of the market. Market downturns have proven to be temporary, with each correction returning to, and then exceeding, its previous high. A skilled and experienced investment adviser can be a trusted partner to you or your business, helping provide data, knowledge, and support in uncertain times, and aren’t times always uncertain?

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

When you want reliable professionals, you hire union carpenters.

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There’s no greater asset in the building industry than a worker who shows up wellprepared and ready to go. It can mean the difference between a project that runs smoothly and a project that runs out of time. The Carpenters union recognizes this and has provided contractors with world-class quality and professionalism for 130 years – in addition to a can-do spirit to step up to meet any challenge. It’s not just a relationship, it’s a true partnership, and the entire building community benefits.

The North Atlantic States Regional Council of Carpenters. It’s time to build. To learn more, visit NASRCC.org

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BARRETT INC.

ROOFING & SHEET METAL CONTRACTORS 106 Mill Plain Road, Danbury, CT 06811 www.barrettroofing.com

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Barrett offers a full line of commercial roofing services. Quality and Service since 1934!

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Celebrating Excellence

Innovation

Integrity

Y e a rs

Guided by a desire to provide excellent and comprehensive legal representation, the attorneys at Catania, Mahon & Rider, PLLC offer strategic and cost-efficient solutions to businesses and their owners. www.cmrlaw.com • (845) 565-1100 • 641 Broadway Newburgh

CORPORATE SERVICES • Acquisitions, Sales and Mergers • Business Succession Planning and Estate Planning • Financing • Commercial Transactions and Leasing • Partnership Agreements and Business Breakups • Employment Law and Regulatory Compliance • Trademarks and Copyrights Michelle Rider mrider@cmrlaw.com

• Corporate Governance

CONSTRUCTION SERVICES Contract Drafting, Negotiation and Review • AIA, Consensus Docs, EJCDC, State/Agency Specific Insurance Review (IRMI Certified)

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ON THE LEVEL:

Michael Catania mcatania@cmrlaw.com

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Alan Seidman, Patricia Zugibe, Jack Holt, Bill Helmer and Carrie Helmer

Annual CCA Dinner featured Members Honored, Stories Shared and Birthday Wishes After a year delay, the annual CCA Dinner

A Newburgh native, Darling was the White

returned to the Powelton Club in Newburgh,

House Airlift Operations Officer who was in

much to the delight of the nearly 140

the White House bunker during the attack.

association members, friends and family who attended one of the premier networking events of the year.

Marine Corps Lt. Robert J. Darling, who gave a riveting presentation on how the American government reacted minutes and hours after

ON THE LEVEL:

Construction and Holt Construction for their 50-year-long membership, leadership and

The evening featuring guest speaker Retired

being attacked on 9/11.

Awards were presented to Helmer-Cronin

support of the CCA. The evening was made even more special as everyone got to wish Joan Cusack-McGuirk, Montefiore St. Luke’s Cornwall CEO and President a happy birthday.

FA L L 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Retired Marine Corps Lt. Robert J. Darling

Matt Stoddard and CCA Board President Daniel O’Kane

Paul Ernenwein and Orange County Sheriff Carl DuBois

Orange County DA David Hoovler, Charlotte Van Horn, Mike Adams and Clint Van Horn

State Sen. Mike Martucchi, Orange County Executive Steve Neuhaus, Orange County District Attorney David Hoovler and Joan Cusack-McGuirk after she was surprised with a birthday cake.

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International Union of Operating Engineers Local 137

JEFF LOUGHLIN WAYNE HELLER JAMES SASSO JOHN MCGILL JOE SCHNEIDER DANIEL FENYO MICHAEL MILLER

BUSINESS MANAGER PRESIDENT VICE PRESIDENT/BUS. AGENT RECORDING CORR. SECRETARY TREASURER FINANCIAL SECRETARY BUSINESS AGENT

Executive Board John Belardi – Ronald Burgess – Rocco Miceli – Michael Miller David Ryan - Rocco Sanseverino

1360 Pleasantville Road Briarcliff Manor, NY 10510 (914)762-0600 48

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As the Years Increase, So Do the Aches and Pains By Barry Lovell

Do older workers have more frequent and severe occupational injuries? Common sense would suggest that as workers age, they would be more prone to injury. Loss data have largely confirmed this assumption. A 2019 study from the Workers’ Compensation Research institute found that most indicators of claims expense increased by age cohort. For example, 44 percent of claims filed by workers 55 to 64 require surgery, while for workers 25 to 29, the percentage is 26 percent. Older workers are also much more likely to die on the job than younger workers. 2017 data from the Bureau of Labor Statistics found that the fatality rate for all workers was 3.5 per 100,000 full time equivalent workers while the rate for workers between 55 and 64 was 4.6 per 100,000 full time workers. For workers over 65, the rate jumps to 10.3 per 100,000 full time equivalent workers. Unfortunately, we do still see lots of claims for younger workers, and the claims that we see tend to be qualitatively different from claims to older workers. Workers between the ages of 55 to 64, according National Safety Council data, have a much higher rate of injuries from falls or overexertion than workers from 20 to 24, while younger workers are much more likely to be injured through contact with electricity, chemicals, or a machine.

Based upon the thousands of accident descriptions that we review every year, here is how I would characterize the difference: older workers often are inured performing the same task they had performed hundreds of times before, while younger workers are more likely to be injured based upon poor judgement or inexperience. Take, for example, this description of a fall from a ladder which occurred to a 22-year-old: “screw was giving him trouble, the ladder shifted, and threw him off balance.” When we reviewed occupational injury data in construction, and controlled for age and labor market participation, we found that injury rates for workers’ between 20 and 24 were slightly higher than injury rates for workers 55 to 65, but that both groups had a higher injury rate than workers between 35 and 44. Something like this phenomenon might explain another counter-intuitive statistic. Claims costs in construction tend to increase at a greater rate when the construction economy exits a recession. The hypothesis is that as newer employees are brought into the workforce, their lack of experience and knowledge causes an uptick in claims.

Barry Lovell is the President of Lovell Safety Management Co., LLC. He can be reached at 212-709-8600 or blovell@lovellsafety.com.

New York it is illegal to hire a minor for most construction work, including wrecking, demolition, roofing, excavation, painting, or exterior cleaning from an elevated surface. Under the workers’ compensation law, if a minor working in violation of the labor law is injured, compensation is doubled, and the award is not paid by the insurance company. The additional payment must come from the employer. There is, however, an important exception to this rule regarding the employment of minors. Some occupational provisions do not apply to minors younger than 18 years of age who are apprentices in recognized apprenticeship programs. So while it is difficult to ignore the influence of aging in a physical occupation like construction, one should never overlook the impact of training and skill. Particularly in construction, the data suggests that knowledge and experience are key determinants when it comes to preventing injuries, especially for younger or newer workers.

State labor laws seek to protect workers under the age of 18 from the hazards of certain occupations. In

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Knowledge & Know-how WB&G’s comprehensive knowledge and insights into the intricacies of the construction and real estate industries are invaluable resources for companies, municipalities and business organizations seeking pragmatic and successful approaches to solve their legal challenges. For more than forty years, WB&G’s commitment and dedication to provide exceptional legal service have infused the firm with the knowledge and know-how to achieve practical and favorable results for its clients.

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More than a Load of Rubbish: Contractor awarded over 100k from DOT following County’s Waste Disposal Law By Michael Catania

In 2010, New York State’s Department of Transportation (DOT) entered into a multi-year agreement with GC Anthony Construction Corp. to reconstruct and replace certain bridges on Route 59 in Rockland County. The work included the removal and disposal of construction debris to a DOT permitted reuse/ recovery/recycling facility. These private facilities paid for certain demo materials, such as concrete, and Anthony Construction was allowed keep the sales proceeds. However, in the project’s second year, Rockland County’s Solid Waste Management Authority gave notice to the contractor that all future removals would be subject to Rockland County’s Flow Control Law. The Flow law required that demolition debris be disposed of exclusively at Rockland County owned facilities. Although it was on the books for several years, and in effect at the time Contractor signed its agreement with the DOT, it had never before been enforced—likely because Rockland County did not previously own any disposal facilities. The Flow Law further allowed Rockland’s Solid Waste Management Authority to charge disposal fees and required the debris to be segregated. For Anthony Construction and Servidone Inc., the sub-contractor, the Flow Law enforcement resulted in increased labor costs, lost sales revenue and unanticipated fees. The companies filed a Notice of Claim with the DOT, objecting to these new requirements and alleging that the

Agency’s decision to enforce the Flow Law was a “significant” change in their scope of work. This change would result in increased costs and lost revenue, so Anthony Construction and Servidone sought a Contract Sum adjustment. The DOT rejected the claim, pointing out that the contractors were contractually obligated to comply with all “applicable laws” as part of its work. Regardless of lack of prior enforcement, the Authority’s Flow law was in effect at the time of contract formation and thus “applicable” to the Project. After years of litigation, including a non-jury trial, a Court of Claims judge recently ruled that the enforcement of the Flow Control Law was a “significant change in the character of the work,” both because it deprived the contractors of a “commodity that could be sold and had been sold” and “the necessity to separate and transport the debris to the Rockland County facility entailed more labor” and the use of contractor’s trucks. The Court further determined that the phrase “applicable law” was ambiguous and looked to the parties’ actions to determine its actual meaning. One such “action” was the DOT’s issuance of a written objection to Rockland County shortly after Anthony Construction was notified of the Flow Law enforcement. The DOT complained to the Solid Waste Management Authority that, as it was a State Project, it should be immune from county laws such as the Flow Law. The Court accepted this as an admission by the DOT that, at least at the time of

ON THE LEVEL:

Michael Catania is a Managing Partner with Catania, Mahon & Rider PLLC and head of the Construction Practice Group. mcatania@cmrlaw.com

contract formation, it did not consider the Flow law to be an “applicable law.”

TAKEAWAYS Know Applicable Law: This is easier said than done - as proven by the above case. However, if you know what local laws, regulations and ordinances are on the books, you can deal with their “applicability” upfront. If both you and the Owner agree that a particular law should not apply to your scope of work, you can memorialize this agreement via an assumption, a scope exclusion, or a change to the “applicable law” section. You can also send an RFI and request clarification. Just make sure the response or resulting addendum to the bid documents is included as a final contract document. Follow Contractual Claim Provisions: Too often, contractors’ legitimate claims get thrown out because of a failure to strictly comply with contractual notice provisions. That was not the case here. Anthony Construction and Servidone followed the DOT’s claim procedure, filed a timely notice of claim, continued its work under protest after the claim was denied, and commenced the subsequent litigation within the statute of limitations.

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FROM THE OFFICERS & MEMBERS OF LOCAL 21

BUSINESS MANAGER

RON DIAZ

BUSINESS AGENTS THOMAS CAREY SEAN CAREY JOSEPH DULLEA THOMAS O’BRIEN PRESIDENT John Stalker

VICE PRESIDENT Don Calabrese

EXECUTIVE BOARD Nick Cassetta Joe Molella Mike Sweeney Mike Zottola Paul Abbatello

FINANCE COMMITTEE James Buckley

Paul Cancellaro

EXAMINING BOARD Larry Muir Frank DeJesus John Ellis Sean Nickerson INSIDE GUARD Anthony Maselli

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Damage Prevention With you for every step.

For Safety. For Family. For Community.

www.DigSafelyNewYork.com

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PARAMOUNT BUILDING CONSTRUCTION INC. 28 WINDSOR HIGHWAY NEW WINDSOR, NY 12553 845.569.0970

GENERAL CONTRACTOR        

Metal Framing Drywall Insulation Carpentry ACT Ceilings Doors/Hardware Millwork Specialty Construction

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Let’s Play Two! CCA Holds Second Golf Outing in 2021 CCA directors, members and their guests were thrilled for a second opportunity to play this summer at Trump National Golf Club Hudson Valley in Hopewell Junction. A total of 98 golfers took part in the 2021 CCA Golf Outing on July 26, which took place just over a month after the year-delayed 2020 CCA Golf Outing, also at Trump National. The winning team, shooting a 59, was led by CCA 1st Vice-President Board of Director member Mark

The winning team: CCA 1st Vice-President Board of Director member Mark Stier, right, from Tectonic Engineering, Jim Orcutt, center, and Brian Figurski.

T HANK YOU T O OUR SPONSO R S GOLD SPONSORS BAC 1NY Barrett Roofing Beam Enterprises Catania, Mahon & Rider, PLLC Laborers Local #235 LeChase Construction Services MDS HVAC-R, Inc. North Atlantic States Regional Council of Carpenters SMACNA of Southeastern NY Tectonic Engineering Consultants, Geologists & Land Surveyors Tri-State Drywall & Acoustical, Inc. BRONZE SPONSORS The Affinity Group Armistead Mechanical, Inc. Holt Construction Corp. Ironworkers Local #417 Profex, Inc. TDX Construction Corp. Walden Savings Bank AWARDS RECEPTION SPONSOR Plumbers & Steamfitters Local 21

Stier from Tectonic Engineering and included Jim Orcutt and Brian Figurski.

LUNCH SPONSOR Advance Testing Company, Inc.

Here is a photo gallery of all 26 teams.

CIGAR SPONSOR D.L. Flow Tech GOLF CART SPONSORS Fabricators, Erectors & Reinforcers Contractors Association

Laborers Local 17 Field Representative. Rich Whitney tees off.

Matt Stoddard, President of Ironworkers Local 417, reacts to his putt while Local 417 Business Manager Mike Gaydos looks on.

BEVERAGE CART SPONSORS Enviro-Clean Ironworkers Local 417 Lovell Safety Management Co., LLC M.E. Engineering HOLE-IN-ONE SPONSORS Colandrea GMC Buick TEE/GREEN SPONSORS ABM Air Conditioning F & F Mechanical Enterprises Patrick DiCerbo/Northwestern Mutual O’Kane Enterprises, LTD Orange County Chamber Sheet Metal Workers Local 38 GOLF BALL SPONSORS Beam Enterprises, Inc. Bricklayers and Allied Crafts Local #1 Orange County Ironworks, LLC Profex, Inc

Orange County District Attorney Dave Hoovler shows his putting form.

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GLOBALFOUNDRIES MALTA, NY

Building Projects & Building Partnerships in Eastern New York On your next project, select a partner who can provide with a customized approach to achieve your facility’s goals.

Our Capabilities

Our footprint in ENY started with GlobalFoundries. Over time we have had many projects developing a partnership that would help them achieve their goals.

Let’s start a conversation, contact us today! 1.844.JWD.1884 | info@jwdanforth.com

Our Latest Project:

Specializing in Commercial Buildings • • • •

Brick & Block Precast Units Tuckpointing Repairs

• • • •

Decorative Wall Construction Pointing and Repointing Stone Veneer Cultured Stone

Red Hook High School 103 W Market St Red Hook, NY

Over 27 Years of Experience in All Phases of Masonry BUILT ON EXPERIENCE AND TRUST Contact James McGowan 845.339.0329 jim@mcgowanmasonry.com 5 Railroad Avenue, Kingston, NY 12401 62

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JOIN THE CCA! For over 60 years the Construction Contractors Association of the Hudson Valley

has had a hand in almost every significant construction project across the region. With its strategy of providing quality management coupled with outstanding workmanship by highly skilled local labor, CCA is the right choice to get the job done right, on time and within budget.

Membership to the CCA includes: • Promote your business or company on all CCA social media platforms

Members can take advantage of our health insurance plans that offer: • Multiple plans to choose from

• Contact list of professional contractors, suppliers and service providers

• Favorable premium rates not available in the open market

• Direct networking with our members at golf outings, lobster bake and holiday gathering

• Highly rated national insurance companies • Extensive lists of preferred providers

• Availability of PPE supplies

FOR MEMBERSHIP: Call 845-562-4280 or info@ccahv.com

FOR ASSISTANCE WTH CCA HEALTH PLANS: Contact Robin Seidman at rseidman@ccahv.com or Millie Rodriguez at mrodriguez@ccahv.com

845-562-4280 ON THE LEVEL:

ccahv.com

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OVER 100 YEARS OF CONSTRUCTION EXCELLENCE A national network headquartered in the Hudson Valley

Holt Construction is a full-service Construction Management and General Contracting firm offering a broad range of services in markets that include transportation, education, corporate interiors, aviation, healthcare, hospitality, retail, and food & beverage.

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NEW MEMBER Perfezione Painting, Inc., a NYS WBE, established in 2012. Specializing in painting and coatings, the firm is located at 19 Eastern Parkway, Saugerties, NY. Owner Patti Heins can be reached at 845-338-3638 or pheins@perfezionepainting.com.

MILESTONES

Advance Testing Company, Inc.

Callanan Industries, Inc.

Perreca Electric, Inc.

U.W. Marx, Inc.,

Campbell Hall, NY

Albany, NY

Newburgh, NY

Troy, NY

www.callanan.com

www.perreca.com

www.uwmarx.com

www.advancetesting.com

Andron Construction Corp.

Ferrari & Sons, Inc.

ModernfoldStyles

Goldens Bridge, NY

Poughkeepsie, NY

South Hackensack, NJ

www.androncc.com

www.ferrariandsonsinc.com

www.modernfoldstyles.com

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Go to CCAHV.com Advocacy. Community. Projects. News. Events. On your computer, laptop or mobile device.

VISIT. EXPLORE. SIGN UP NOW.

Providing the calm after the storm

Since 1928

Helping contractors and businesses in New York

with their insurance needs

Liability • Property • Workers’ Compensation • Surety

Call us to review your insurance today!

380 Broadway

85 Civic Center Plaza

Newburgh, NY 12550 Poughkeepsie, NY 12601 845.561.1706

30 Scott’s Corners Dr. Montgomery, NY 12549

845.485.6300

www.wasmithandson.com 66

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845.561.1706

WE’RE HERE FOR YOU Your health and safety have always been our priority. Learn more about what MSLC is doing to keep you healthy and safe at www.MontefioreSLC.org

OUR HEALTHCARE PROFESSIONALS ARE READY TO SERVE YOUR NEEDS.

Cornwall

Newburgh

• Emergency Department • Littman Cancer Center including • Level III Trauma Center Radiation Oncology and Infusion Center • Surgical Services • Ear, Nose and Throat Services • Cardiovascular Institute • Kreisberg Center for Pain Management • Metabolic and Bariatric Surgery • Orthopedics and Total Joint Replacement • Wound Healing and Hyperbaric Medicine • The Medical Group at Montefiore St. • Imaging Services Luke’s Cornwall • Diabetes Management • Center for Sleep Medicine • Nutrition Counseling • Dialysis Center • Laboratory Services • Thoracic Surgery • Diabetes Management • Men’s Health and Urology • Rehabilitative Services including Physical, • Birthing Center Occupational and Speech Therapies, • Neonatal Intensive Care Unit Fishkill

• Center for Rehabilitation • Center for Sleep Medicine

ON THE LEVEL:

Driver Evaluation and Advisement, Center for Cognitive and Memory Services and Cardiopulmonary Rehabilitation

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Is Your Company’s Sexual Harassment Policy Working? By Robin Seidman

With claims of sexual harassment back in the headlines, it is the perfect opportunity for the business owner to take a look at the workplace, the employees and their interactions to ensure harassing behavior is not occurring. By reviewing and/or re-evaluating the company sexual harassment policy as well as conducting NYS-mandated annual sexual harassment training with the workforce, the business owner can take the necessary steps to protect the employees, the business and the customers. Let’s start with a refresher of the definition of sexual harassment. Many people think it is just inappropriate touching, but it is much more. It is unwelcome sexual advances and requests for sexual favors. It includes harassment based on sex,

sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender. In addition, verbal, written, electronic or physical conduct of a sexual nature that affects an individual’s employment, unreasonably interferes with work performance or creates an intimidating, hostile or offensive work environment is also included in the NYS sexual harassment law. Any harassment or discrimination that is based on a protected class is covered under the law as well. That means any acts, jokes, language, etc. that are aimed at someone’s age, race, creed, color, national origin, military status, disability, marital status, or domestic victim status is prohibited in the workplace. As you can see, there is a lot of ground covered under the law and many employers are unaware of all the behaviors they should be observing

ON THE LEVEL:

Robin Seidman specializes in NYS Sexual Harassment training and general HR policy and procedures. robin@rjshrsolutionsllc.com

and correcting within their business. However, taking a commonsense approach to what constitutes acceptable workplace conduct and having a sexual harassment policy (also required by the law) that has been shared with the workers makes it easier to notice and correct behavior before it becomes a problem. First of all, business owners, management and supervisors are expected to model acceptable workplace behavior. While this sounds like a no-brainer, it all too common for inappropriate speech (think curse words and profanity) and harassing or discriminatory actions to occur at the top of the workforce. Once employees see or hear

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management making jokes or comments about a person’s sexual identity, ethnicity or any of the protected classes, the message becomes clear: it’s okay for all employees to act similarly. While many business owners are not involved in the day-to-day activities in their workshops, factories or the field, supervisors generally are. They are the eyes and ears of management and should be trained to recognize, report and stop harassing behaviors during their watch. The NYS Sexual Harassment law states that supervisors must report harassment they notice even when nobody is objecting to the behavior, even if the supervisor thinks it is trivial, even if the offended employee asks that it not be reported. A supervisor that doesn’t take this responsibility seriously can result in a liability for the company. Keep in mind, when we talk of sexual harassment, it is not just the employees that can be targeted. Customers, vendors and workplace visitors can also be engaging in harassing behavior, or they can be the recipients of this behavior. Harassment can occur not only in the workplace, but at work-related events such as offsite trainings, business meetings, client businesses or homes. The savvy business owner must be prepared to address harassment at all levels of company interaction. In addition to enhanced observation of employee behavior, the required annual sexual harassment training for all employees, interns and temps is the next best tool to alleviate harassment in the workplace. Sample policy, complaint forms, signage, training materials (in multiple languages) are available at https://www.ny.gov/ combating-sexual-harassment-workplace/employers free ON THE LEVEL:

of charge. The requirements for compliance are clearly stated as is the employer’s responsibility. Many businesses choose to bring in outside sources to deliver the training. Some insurance companies and payroll services may also offer training support to their customers. No matter how it is delivered, annual training is essential to keeping a harassment-free work environment.

It takes only one complaint to start a cycle of sexual harassment claims. There can be monetary loss to the company as well as reputational loss. There can be a loss of good employees and customers. The “Best Defense is a Good Offense” strategy works well here: • Model the acceptable behavior • Provide in-depth supervisor training • Conduct annual harassment training to all employee and more often if needed • Provide each employee with a copy of the company harassment policy • Keep an open-door policy • Take each complaint seriously and handle immediately With these steps, employers can lessen the chance that their company will be the target of sexual harassment claims.

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CCA ANNUAL LOBSTER BAKE A SUCCESS!

CCA’s Patt

The Association held its annual Lobster Bake on

y Dalton a

nd Millie

Rodrigue

Wednesday, September 1 at the Pavilion at Laborers Local 17. More than 120 members and their guests braved a heavy down pour to attend the event that allowed them after a year’s delay to catch up with friends and enjoy a wonderful buffet. The food was prepared by the talented folks at T & M II Go in Washingtonville.

Joseph rd members

CCA Boa

Perez and

Gowan

James Mc

Kane Armistead, Tim Bewick and Joe Jerkowski

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z keeps e

verything

organized

Kevin Viana, Thomas Tripodianos and Anthony Carlucci

Mary Bonura, Maria

d Charlie Milich

Colandrea, Peggy an

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OUR MEMBERS ABM Air Conditioning Enviro-Clean Paramount Building Construction, Inc. Advanced Disaster Recovery, Inc. F & F Mechanical Partner Equipment Rentals, LLC Advance Testing Company, Inc. Fairway Testing Co., Inc. Pattern for Progress The Affinity Group Federated Mutual Insurance Co. PCC Contracting Alfandre Architecture, P.C. Ferrari & Sons, Inc Pearl River Sheet Metal All Bright Electric Focus Media Penlyn Construction Corporation AMX Contracting Corp. Goldinson Cor. Perreca Electric, Inc. Andron Construction Corp Grassi & Co. CPAs Perfezione Painting, Inc. Antalek & Moore Insurance Agency Halmar International, LLC The Pike Company, Inc. Architectural Door & Hardware of NY Harden Sheet metal, Inc. Pittman & Brown, Inc. Argenio Brothers, Inc. Hauser Bros., Inc. PKF O’Connor Davies, LLP Armistead Mechanical, Inc. Helmer-Cronin Construction, Inc. Printeks Construction Atlas Security Services – Herzog’s Home & Paint Centers Documentation Services Guards & Patrols Hesnor Engineering Associates, PLLC RAL Supply Group Barone Construction Group, Inc. Holt Construction Corp. Raritan Group, Inc. Barrett Sheet Metal Co., Inc. iSER Consulting, LLC RBT CPAs Basec Corp. J & M Heating & AC, Inc. Rider, Weiner & Frankel, P.C. Beam Enterprises, Inc. Key Construction Services Riverside Bank BNY Mellon Keystone Management Associates RKB Sheet Metal The Bonadio Group Lakeland Bank Rockland Business Association Stacey Braun Associates, Inc. LeChase Construction Services Ross-Ellis & Associates, LLC Broadfield Insurance Liberty Mutual Steven A. Scala, CPA, P.C. Butler Construction Group, Inc. Link Metal Finishing Corp. Schumacher Systems, Inc. Callanan Industries, Inc. Liscum McCormack VanVoorhis Service Scaffold Company, Inc. Carey & Walsh, Inc. Lovell Safety Management William A. Smith & Son Insurance Casler Masonry, Inc. H.T. Lyons, Inc. Sterling National Bank Catania, Mahon & Rider, PLLC M & T Bank C.B. Strain & Co. Central Hudson Gas & Electric Corp. Marshall & Sterling Sullivan Construction Group, LLC Clean Air Quality Services, Inc. U.W. Marx Construction Company Sullivan County Partnership CohnReznick, LLP Matrix Asset Advisors, Inc. Sullivan Fire Protection Corp. Colliers Engineering & Design McGoey Hauser & Edsall Consulting Taconic Heating & Cooling D.A. Collins Construction Co., Inc. Engineers, DPC Taylor Montgomery, LLC Con-Tech Construction Technology, Inc. James McGowan & Son Masonry, Inc. TDX Construction Corporation Couch White, LLP MDS HVAC-R, Inc. Tectonic Engineering Consultants, Council of Industry of Southeastern NY Merrill Lynch Geologists & Land Surveyors, DPC CSG Partners – ESOP Advisory B. Miller Masonry, Inc. Tri-State Associated Services, Inc. Custom Exterior Systems Milliman, Inc. Tri-State Drywall & Acoustical, Inc. D & G Electrical Supply Co., Inc. ModernfoldStyles Turner Mechanical Service John W. Danforth Company Nadoka Luxury Cleaning U.S. Test & Balance Corp. Darlind Associates, Inc. NEXGEN Protection Services, LLC Ulster Savings Bank DeBrino Caulking Associates Northwestern Mutual United Rentals D.L. Flow Tech NXG Insurance Group Upstate Electrical, LLC Delaware Engineering O’Kane Enterprises, Ltd. Walden Savings Bank Ductmate Industries Olori Crane Service, Inc. Wallkill Valley Federal Savings Bank Durante Rentals Orange Bank & Trust Welby, Brady & Greenblatt, LLP Dutchess County Regional Chamber Orange County Chamber of Commerce World Insurance Associates of Commerce Orange County Ironworks, LLC ECCO III Enterprises Orange & Rockland Utilities EMF Technical Services Ray S. Pantel, Inc.

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1.800.264.PIKE | www.thepikecompany.com | pike@pikeco.com 74

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ADVERTISERS INDEX Advance Testing Company, Inc......................................................................................Page 76 Alfandre Architecture, P.C..............................................................................................Page 21 Armistead Mechanical, Inc.............................................................................................Page 23 Barrett, Inc..................................................................................................................... . Page 44 Beam Enterprises, Inc.................................................................................................... .Page 72 Bricklayers & Mason Local 1 NY................................................................................. .Page 52 Catania, Mahon & Rider, P.L.L.C................................................................................. .Page 45 Couch White, LLP...........................................................................................................Page 56 John W. Danforth Company.......................................................................................... .Page 62 Darlind Associates, Inc.................................................................................................. .Page 5 DL Flow Tech..................................................................................................................Page 66 Holt Construction Corp...................................................................................................Page 64 Ironworkers Local 417.................................................................................................... Page 25 Key Construction Services..............................................................................................Page 22 Laborers Local 17 L.E.C.E.T.......................................................................................... Page 66 Laborers Local 235......................................................................................................... Page 55 Laborers Local 754......................................................................................................... Page 24 Lovell Safety Management Co....................................................................................... Page 2 M&T Bank.......................................................................................................................Page 32 Marshall & Sterling........................................................................................................ Page 31 Montefiore St. Luke’s Cornwall......................................................................................Page 67 James McGowan & Son Masonry, Inc........................................................................... Page 62 North Atlantic States Regional Council of Carpenters.................................................. Page 43 Northwestern Mutual...................................................................................................... Page 6 Olori Crane Service, Inc................................................................................................. Page 56 Operating Engineers Local 137...................................................................................... Page 48 Orange & Rockland Utilities – Dig Safely..................................................................... Page 59 Paramount Building Construction, Inc........................................................................... Page 60 Perreca Electric, Inc........................................................................................................ Page 23 The Pike Company.......................................................................................................... Page 74 Plumbers & Steamfitters Local 21..................................................................................Page 58 Printeks Construction Documentation Services.............................................................Page 32 RBT CPAs.......................................................................................................................Page 53 William A. Smith & Son Insurance................................................................................ Page 66 Taylor-Montgomery, LLC...............................................................................................Page 50 Tectonic Engineering Consultants, Geologists & Land Surveyors, D.P.C. ..................Page 36 Tri-State Drywall & Acoustical, Inc............................................................................... Page 51 Welby, Brady & Greenblatt, LLP....................................................................................Page 54

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CONSTRUCTION MATERIALS TESTING + INSPECTION ....................................................................... BUILDINGS | HIGHWAYS | BRIDGES | AIRPORTS | TUNNELS

845.496.1600 • www.advancetesting.com

On the Level: Fall 2021

Articles inside

Is Your Company’s Sexual Harassment Policy Working?

NY Senate Passes Wage Theft Law that Aids Construction Workers

Should Investors Try to Anticipate Market Declines?

As the Years Increase, So Do the Aches and Pains

Understand the Reporting Change to Leases Before 2021 Ends

PharmaCann Expands Medical Marijuana Facility in Orange

Economists: Warehouse Construction Leads Post-Pandemic Recovery