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PHOTO FILE - March 21,
2006 LOBBY DAY IN ALBANY AT
THE N.Y. STATE LEGISLATURE
On Tuesday, March 21, 2006 , Plumbers Local 1
proudly sent a delegation to Albany, N.Y.
to meet with New York State Assembly members and New York State Senators
to express our continuing support of the longstanding WICKS LAW.
Teams of apprentices were given the opportunity to participate in the
Lobbying process
and to learn about how the laws made in Albany can effect the lives and
livelihoods of
Local 1 members and our good contractors. The apprentices learned the history
and present protections afforded by the Wicks Law and how to express
this
important message to the legislators. There are always forces at work trying
to strip away the safeguards and protections that our predecessors fought to
accomplish.
The job of maintaining these good laws falls to our generation and the next.
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For an explanation of the body of legislation known
collectively as
the "Wicks Law" go to the bottom of this page.
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5:30 A.M. we assembled to head to the State Capital on the bus.
Special shirts were
distributed to identify our "Lobby" to the legislators.
The Local 1 Lobby
Delegation on the Steps of the Empire State Plaza in Albany.
Organizers Richard
Garner and Bob Murray coordinated our Lobbying efforts.
Organizers Garner
and Murray laid out our plan of action.
Up into the offices
of the Assembly members and State Senators.
OUR APPRENTICES GOT THE WORD OUT TO
THE
LEGISLATORS THAT THE WICKS LAW IS NOT
GOING
TO BE SCRAPPED FOR THE GOOD OF SOME
GREEDY
NON-UNION CONTRACTORS, OR BECAUSE SOME
SCHOOL BOARD MEMBERS
HAVE BEEN GIVEN BAD
INFORMATION. WE TOLD THE TRUTH ABOUT
WICKS.
IT WORKS.
THE WICKS LAW HAS
BEEN PROTECTING NEW YORK,
AND NEW YORK TAXPAYERS, FOR OVER 75 YEARS!
A few snapshots of our meetings.
The Local 1 delegation heads
home.
They are tired, but happy to have
learned a little, and to have helped fight the good fight.
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WHAT IS THE WICKS
LAW?
As a result of frequent questions pertaining to what the Wicks Law is,
and how it affects us, the following information was provided courtesy of
Business Manager Larry Bulman of Local 773 in Glen's Falls, New York. Attorneys
working for Local 773 prepared this explanation. We hope this information clears
up any confusion and misunderstanding about the Wicks Law, and its affect on
organized labor and specifically the Pipe Trades.
WHAT IS THE WICKS LAW?
The Wicks Law, often called the Separate Contracts Law, is actually a series of
laws contained in the General Municipal Law, the Public Housing Law and the
State Finance Law. It requires public entities, such as the State and
municipalities, to separately bid the plumbing, heating and electrical and HVAC
work on public construction projects which exceed $50,000. It permits these
contractors to bid directly to the public entity for this work, and assures them
of receiving the work if they are the lowest responsible bidder. In a single bid
system, all subcontractors’ bids are combined and include as part of the General
Contractor single bid for the project.
HOW DOES THE WICKS LAW BENEFIT THE PUBLIC?
It primarily protects all of us as taxpayers by protecting against corruption,
cronyism and influence peddling by the General Contractors. Prior to Wicks,
after getting a construction contract, general contractors could and often would
go back and “squeeze” the subcontractors to take less than their original bid,
or else they wouldn’t get the job. After going back and squeezing the
subcontractors, the general contractors then would pocket the difference as
profit. What this resulted in is subcontractors artificially inflating their
initial bids, knowing the general contractors will try to squeeze them. This
resulted in an increased cost to the taxpayers throughout the state.
HOW DOES THE WICKS LAW PROTECT US AS UNION MEMBERS?
The Separate Contracts Law (a/k/a Wicks) has been the law of this state for many
years. As previously stated, the law makes it possible for contractors involved
in plumbing and steam fitting and electrical work to bid jobs directly to the
public entity, whether it be the City or the State. These contractors are then
assured of receiving the work if they are the lowest responsible bidder. As a
result of this system, Union Contractors have been able to do quality work and
still pay their work force. Where the Wicks Law does not apply, contractors are
forced to squeeze labor – when their bid gets squeezed by the General
Contractors. This gives an advantage to a non-union contractor, who is not bound
by a contract and who can squeeze his labor force, forcing them into unsafe
labor practices, so that he can make a profit on the now lowered amount he was
forced to give the general contractor.
WHY DO GENERAL CONTRACTORS WANT TO REPEAL WICKS?
The obvious reason is to put more money in their own pocket at the expense of
both the taxpaying public and responsible union contractors and members. Without
Wicks, these general contractors would be able to increase their profit margin
on each public works project by squeezing their subcontractor and pocketing the
difference. As it is more likely that non-union contractors, who can ignore
certain safety and union regulations, will be more able to afford to do the work
at these squeezed prices, the taxpayer gets low quality work at inflated costs
and the General Contractor’s increase their profit margin.
WHAT DOES THE PRIVATE SECTOR DO ON JOB BIDDING?
There is much misinformation around that Wicks increases prices on public works
construction jobs. If this were so, Wicks would never be used for private sector
construction. However, private developers in New York like Donald Trump, as well
as corporate developers like IBM, Xerox, and Kodak all use separate contract
systems. They are not required to, but choose to use separate bidding systems on
their construction jobs. This is proof that the use of separate bidding saves
money, as in private business, the bottom line means success or failure.
Obviously, private business will opt for the most cost effective means to build.
As the private developers use the separate bidding principals on their jobs, it
obviously costs less.
STUDIES HAVE SHOWN THE SEPARATE BIDDING REQUIREMENT RESULTS IN SUBSTANTIAL
SAVINGS TO STATE AND LOCAL GOVERNMENT AND THEIR AGENCIES.
Studies throughout the nation, including in New Jersey, Washington, Oregon,
Pennsylvania, Minnesota, Mississippi, Ohio, Illinois, North Dakota, North
Carolina, Montana, Wisconsin, Louisiana and Virginia have consistently shown in
comparative studies between the single and separate bidding procedures that
separate bidding procedures, such as the Wicks Law, save taxpayer money.
Contrary to what the General Contractors say, there is overwhelming evidence
that the Wicks Law results in substantial net savings for the state, local
government and its agencies.
As you can see, opponents of Wicks often distort the real impact of separate
bidding. The well-financed organizations behind the repeal of Wicks, including
the Building Contractors Association and the General Building Contractors of New
York, spend huge amounts of money each year in an attempt to repeal Wicks. But,
this just shows how important Wicks is to the state. They wouldn’t be spending
these enormous amounts of money, if their profits wouldn’t increase to cover
these costs.
Maintenance of the Wicks Law has and will continue to be one of our most
important legislative goals. As you can see, we are faced with tough opposition.
But, it only strengthens our resolve to maintain this vital law.
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