March 26, 2020
Related to recent ECA messages regarding COVID-19, the link below is a message from Fitzgerald Jacobs, Chairman of the Southern California Cement Masons (SCCM) Negotiating Committee regarding actions SCCM has undertaken specific to the COVID-19 situation. As you may know, several of our member contractors employ Cement Masons, and the ECA will continue working with the SCCM and all of our affiliated unions—sharing information as it becomes available.
Please note; regarding Emergency Paid Sick Leave (the final bullet point in the SCCM letter) there are legal questions that remain unanswered at this point. ECA member Anthony Niccoli of Atkinson, Andelson, Loya, Ruud, & Romo (AALRR) notes the following:
“The collective bargaining exemption to HR 6201 does not apply to contractors signed to MLAs with the trades in California. Thus, all contractors who employ less than 500 employees must provide 80 hours of paid sick leave and 10 weeks of paid family leave. The feds allow the contractors to use these payments as a direct tax credit or if needed money from the feds. The unresolved issue is whether the contractors will be required to pay trust fund contributions on these payments. To the extent that the feds will not reimburse the contractors, the contractors do not believe they should be required to make trust fund Contributions.”
These points by AALRR will likely be an issue moving forward with all of our various affiliated unions, so there will be more information to follow.
If you have any questions, please call the ECA office number or my mobile phone: 657-281-9720
Ray M. Baca