P r o f e s s i o n a l   L a n d   S u r v e y i n g		 Masters Contracting Corp.
544 Riverdale Drive
Glendale, CA 91204
Tele: (818) 500-0971
Fax: (818) 500-0980
Attention: John Harrington, Esq.
Regarding: I.U.O.E. - Local 12 Letter of Response

I have already cited our exclusions in my previous response of August 27th, 2002 (see online internet document at www.ruffservices.com/surveying/local12.htm). I need not have to reiterate that write up.
  • Be it known that the International Union of Operating Engineers (I.U.O.E.) has not taken issue with Section 3.7 of the Project Stabilization Agreement (PSA). They have chosen to hold to their own Master Labor Agreement rather than to the PSA Agreement as it is written.
  • Be it also known that "a Contractor performing Project Work is not required to become a Union-signatory Contractor".
  • In addition, Counsellor Koppelman also recognizes that Section 3.12 of the PSA Agreement reads, "where a subject covered by the provisions of this (PSA) Agreement is also covered by a Schedule A Agreement the provisions of this (PSA) Agreement shall prevail." {Schedule A Agreements are the local collective bargaining agreements of the signatory unions.} Thus, Section 3.7 of the PSA Agreement cannot be ignored or superceded by I.U.O.E.'s own Master Labor Agreement.
It is not my place, however, to take issue with the International Union of Operating Engineers regarding these matters. Land surveyors and survey crews have been working on LAUSD Proposition BB Projects since its inception with no past arguments on record. My professional advice is that I.U.O.E. be advised to present their argument to the Los Angeles Unified School District. If LAUSD finds validity to their argument, LAUSD will instruct all future field surveying on LAUSD Proposition BB Projects to abide by a new nature. Until such time, FIELD ENGINEERING remains excluded from the scope of the PSA Agreement regardless of I.U.O.E.'s position on the matter.

Of final note, the Governing Board of the Los Angeles Unified School District adopted the extension of the Project Stabilization Agreement with the Los Angeles and Orange Counties Building and Construction Trades Council in a Board Meeting dated 11-28-00 (see online internet document www.lausd.k12.ca.us/lausd/board/secretary/html/agendas/mt/mt11-28-00.html). They can also, at any time, elect to withdraw from that (PSA) Agreement, if they so choose. Let us hope that that be the coming case.


Respectfully,


Ruff Services - P.O. Box 1905 - Hawaiian Gardens, California 90716
Telephone: (562) 924-7121   Fax: (562) 924-7161   E-mail: surveyor@ruffservices.com