IBEW Local 2150

IBEW 2150 Governmental Affairs Update

Prepared for the IBEW & the Utility Workers Coalition

By: Forrest Ceel, President / Business Representative

(262) 252 - 2552 ext.223

Email:
fceel@ibewlocal2150.com

 

 

September 2008

 

“ If you’re not at the table, you’re probably on the menu. ” “ If you’re not at the table, you’re probably on the menu.”

 

Visit  ibewlocal2150.org  for additional information on these and other union issues

 

CURRENT ISSUES:

 

Midwest Governor’s Association:  Local 2150 is participating in the MGA’s committee on Renewables and Clean Coal technology.  The first meeting was held on May 19-20th in Indianapolis.  In attendance was representatives from Midwest states and Manitoba.  Wisconsin participants included PSC Commissioner Mark Meyer, Clean Wisconsin, American Transmission Company, and IBEW Local 2150.  Issues discussed will clearly impact transmission construction and power plant construction.  Local 2150 will continue to act as a participant on this committee since we see work opportunities for the utility, outside, inside, and manufacturing branches.  Next meeting is July 30th in Michigan.

 

Oak Creek Units 5-8:  The PSC in early July approved emissions upgrades for the remaining section of the Oak Creek Power Plant.  These improvements will add 15-20 years of life to the plant and will generate new construction jobs while retaining the current O&M workforce.  The result will be cleaner air and continued reliable baseload power generation.  Labor impact:  IBEW Utility & Inside branches

 

Cassville Power Plant:  Alliant Energy has submitted its proposal to build 300 megawatts of additional base-load power at their Cassville site.  The proposal includes burning coal and biofuels as the sources of fuels.  Opposition by some environmental groups is coalescing in opposition to any new coal at all.  A successful effort by the Sierra Club in Kansas to stop a coal plant has fueled the opposition in Wisconsin.  Local 2150, as a member of the Global Warming Task Force, continues to advocate that coal needs to remain an option going into the first decades of this century until both renewable power (likely wind), carbon capture & sequestration, and a revival of nuclear power takes hold.  Local 2150 is working along with Local 965, 953 and the building trades to support Alliant’s efforts to construct this plant.  IBEW Impacts: Utility, Inside, & Outside branches.

 

Wisconsin Wind Farm Projects:  All Wisconsin utilities are either building or buying power from wind farms in Wisconsin and other Midwest states.  Unions must engage with their utility managements to ensure that projects are constructed, operated, and maintained with union labor.  Failure to do so when the Global Warming Task Force is likely to recommend expansion of renewables will likely result in a loss of work for Wisconsin unionized workers.  IBEW Branch Impact:  Inside, Outside, Utility & Manufacturing.

 

Transmission Projects:  Local 2150 members, along with members of Local 953 construct most of the transmissions system in Wisconsin.  On going efforts, including the Access Initiative docket at the PSCW will likely lead to construction of other needed transmission projects for Wisconsin. For example, Local 2150 participated in grass routes level analysis of the growing transmission needs to serve Dane County.  As a result of that process most stakeholders (including the Citizens Utility Board) recognize the increased need for access to power.  Local opposition is still prevalent when specific routes are announced (i.e. Dane County).  Local 2150 and other UWC members have joined a stakeholder group to support needed Dane County improvements.  ATC has submitted an application to the PSC and the process for consideration will take up to a year to be completed.  IBEW Branch Impact: Utility, Outside, & Manufacturing.

 

Governor Doyle’s Task Force on Global Warming:    Industry, Environmental, and Labor organizations are represented on this task force to determine if Wisconsin can become a leader on mitigating global warming.  Local 2150 is represented on this task force that has meeting since May of 2007.  The electric generation area is a large contributor to carbon dioxide levels in the atmosphere.    Local 2150 serves on the Electric Generation Workgroup and chaired the workgroup considering the impact of global warming on low income citizens.  Key issues are the expansion of the Renewable Portfolio Standard to 25% in 2025, a cap & trade system, and opening the door to new nuclear.  Their final draft report was approved on June 26th, 2008.  Details are on the DNR website.    IBEW Branch Impact:  Inside, Outside, Utility & Manufacturing.

 

 

ONGOING:

 

Railroads Adverse Impact on Electric Rates & Jobs:   A lack of federal oversight of our nations railroads has led to near dictatorial rate and supply situations by many of the nations railroads.  This has led to higher shipping rates regarding coal shipments to power plants.  In Wisconsin this has concerned utilities, business, consumer, and labor groups to form BadgerCURE (Consumers United for Rail Equity).  The coalition seeks to break the stranglehold by railroads on coal shipments from the western states that lead to higher electric rates.  Higher electric rates impact on Wisconsin’s economic development that eventually impacts jobs, wages, and benefits of Wisconsin workers.  BadgerCURE is now lobbying the states congressional delegation to seek legislative relief from Washington that could lead to additional supply sources of coal.   Local 2150 has joined BadgerCURE in an effort to mitigate higher energy prices in Wisconsin that could negatively impact jobs and wages.  Labor Impact:  Wisconsin workers’ energy costs are negatively impacted by higher coal shipping costs.

 

 

Healthy Wisconsin: While the Healthy Wisconsin plan did not survive the Wisconsin budget process, the proposal will live on as separate legislation during this legislative session.  With the expectation that the Republican controlled Assembly will bow to anti-reform lobbying interests, the plan will become a major campaign issue in the 2008 elections cycle.  A recent proposal by a coalition of national businesses recommends a plan that is similar to Healthy Wisconsin regarding financing through a payroll method that would be universal.  The report was also critical of so called health savings accounts as not being able to address the issues on cost containment and universal coverage.  Impact:  All residents and workers in the State of Wisconsin

 

Special Committee on Nuclear Power & Resulting Legislation:  Wisconsin State Legislature has created an 18 members committee to discuss the future of nuclear power in Wisconsin.  Special focus was on the moratorium on nuclear plant construction.  Local 2150 was selected to serve on the committee along with legislators of both parties, industry stakeholders, environmental groups, consumer groups, and citizens at large.  The Committee toured the Point Beach Plant and the Yucca Mountain storage facility. The Special Committee completed its work in January and recommended that the moratorium should be repealed under AB 346.  Associated bills are AB 347 that requires the PSC to plan for energy needs once current licensing expires and directs the PSC to lobby for opening of a permanent storage facility as under AB 348. The Assembly passed AB 346 with the help of 7 Democrats that realize the value of nuclear power to reduce emissions from base-load sources.   Labor Impact: IBEW Utility and Inside branches and the Building Trades.

 

Utility Service & Maintenance Rules (PSC 113):  The Utility branch is working through the Utility Workers Coalition to ensure enforcement of rules that govern the operation and maintenance of power plants, transmission, distribution, and call centers at electric facilities in Wisconsin. A letter has been sent to the Public Service Commission requesting action on these rules. Local 2150 has long advocated to We-Energies and to the PSC the need to replace and/or maintain its fleet of substations throughout its system.  Gratefully, the PSC has allocated funding in the recent We-Energies rate case directing substantial funding towards substation replacement and maintenance.  IBEW Branch Impact: Inside, Outside, Utility.

 

Kentucky River Decision:  In the fall of 2006 the Bush appointed majority to the National Labor Relations Board issued a decision stating that nurses who hold titles that give them the authority to direct work may be reclassified as supervisors and stripped of their rights to belong to a union.  The ramifications to the rest of the union movement is unclear at this point, but it appears that over 70 years of labor law defining the difference of leads and supervisors is threatened by this anti-union board.  Concern in utility industry is that titles like lead lineman, foreman, and others that direct work on a day to day basis may loose their rights to union representation.  There are likely to be years of rulings and court cases as American workers have their rights to organize placed in jeopardy.  Labor impact:  All American workers currently unionized in “lead” positions and workers who may want to be represented.

 

 

PSC Dockets to Revise Natural Gas Rules:  The Utility branch, through the Utility Workers Coalition, is working on both PSC 134 and 135 regarding the state’s oversight of the natural gas industry.  The PSC has not yet put this issue on its agenda.  The UWC plans will continue to urge action on revising these rules.  On January 25th representatives from USW 2006 & IBEW 2150 met with the CUB and determined that a letter would be drafted on behalf of the UWC to urge the PSC to open these dockets. A meeting was held on April 25th with Chairperson Dan Ebert and Commissioner Mark Meyer to review status of potential docket with UWC delegates. IBEW Branch Impact:  Inside, Outside and Utility.

 

PUHCA/WUHCA:  The Public Utility Holding Company Act was passed during the 1930’s “New Deal” era of Franklin Roosevelt when government action to protect the public’s interest from huge corporate interest was viewed as good citizenship.  The legislation put some parameters and restrictions on the urges to merge electric utilities into large multi-state conglomerates with little accountability.  The Congress passed a Bush supported Energy Bill in which PUCHA was repealed. Fortunately, IBEW lobbying efforts helped place provisions in the bill that address mergers, reliability, and utility industry skill shortages.  IBEW Utility Locals remain vigilant to any efforts to undermine the Wisconsin version (WUHCA).  A new concern is that the WPS merger with Peoples Gas may raise issues regarding WUHCA’s application regarding this interstate merger.  IBEW Branch Impact:  Utility, Outside, Inside, and Manufacturing.

 

Apollo Alliance:  This coalition of labor, environmental, and community groups continues to lay the groundwork for energy efficiency, renewable, and conservation projects in Wisconsin.  Manufacturing of high efficiency equipment (for example: transformers at Waukesha Electric by members of Local 2150) is being promoted as part of the states energy and economic development policy.  Good jobs and a clean environment are mutual goals to attain. The Apollo Alliance helped lobby the passage SB 459: the Energy Task Force Bill. Local 2150 serves on the Wisconsin Apollo Steering Committee. IBEW Branch Impact: Inside & Manufacturing.

 

 

ARCHIVED:

 

SEA: Strategic Energy Assessment: Workforce Planning Issues. Refer to the SEA report from the PSC that includes references to the UWC report on Workforce Planning Issues.  PSC seven year outlook for assessing state’s energy needs.  Would offer better planning method for needed projects. The Utility Workers Coalition has supported this effort to restore some semblance of planning for Wisconsin’s energy needs.  A priority for our industry is succession planning for utilities to ensure that there is a qualified workforce trained to staff the utility industry.  IBEW Utility & Construction locals are working within the Utility Workers Coalition to spotlight this issue in front of state government officials   a report compiled by the Utility Workers Coalition was presented to representatives of the PSC in the spring of 2007.  As a result, three Workforce Roundtable meetings sponsored by the PSC and the Department of Workforce Development have been held since April with the goal of recruiting, hiring, and training new energy workers for Wisconsin.  Unfortunately, with little support of the investor owned utilities (with the exception of ATC), there is a reluctance to take action on what will be an acute worker shortage within a few short years. Local 2304 included testimony on this issue in the MG&E rate case. Local 2150, through its membership in the Customers First! Coalition met with the president of the state’s technical colleges to update and ask for their leadership on training the next generation of energy workers.  IBEW Branch Impact:  Utility, Outside, Inside

 

Electrician’s Licensing is now law in Wisconsin: Would increase safety of the general public by having trained, tested, and licensed inside electricians. This is an excellent opportunity for IBEW to be seen as the source of safety and quality work.  IBEW 2150 has been working with the Wisconsin Federation of Cooperatives and the IBEW inside branch in the drafting of this bill.  All branches of the IBEW and Utility Workers Coalition reviewed the bill.  Local 2150 testified in favor of the bill at the Senate Utilities Committee Hearing on September 28th and at the Assembly Labor & Industry Committee Hearing on October 17th.   Local 2150 lobbied the legislature and assisted the Inside Branch in passing this important legislation. The Department of Commerce will be responsible for final rule writing.  Local 2150 intends to participate in regards to exemptions in the law for utility, manufacturing, and outside construction.  For more information contact David Boetcher at IBEW 159, Lobbyist for the Inside Construction Electricians.  IBEW Branch Impact: Utility, Inside, manufacturing, & Outside

 

Power the Future: On June 28th the Supreme Court by a 4-2 decision overturned a lower court decision that had thwarted the PSCW’s authority to approve CPCNs.  While the case directly focused on Wisconsin Energy’s PTF plan, had the lower court been upheld, there would have been negative ramifications regarding future projects by other utilities.  Wisconsin Energy began breaking ground on June 30th.  IBEW 2150 and IUOE 317, on behalf of this UWC supported project, engaged in lobbying the legislature and participating as a full party to the Public Service Commission’s proceedings since PTF was proposed over 4 years ago.  The leadership of Local 2150 thanks its membership for their help in having Port Washington and Oak Creek continue as generators of power for decades to come.  Construction continues despite continued litigation regarding water intake and discharge issues.  IBEW Branch Impact: Outside, Inside, Utility, & Manufacturing

 

Arrowhead-Weston Transmission Line:  After almost six years of federal, state, county, municipal legislative action in addition to Public Service Commission, DNR, EPA, and National Park Service approvals the 250 mile long transmission line from Duluth to Wausau finally started construction in August of 2005.  The 345KV line is a much needed support link for Wisconsin’s transmission system.  The job put hundreds of IBEW outside construction members from Locals 953 & 2150 to work. It was successfully energized in February 2008.  Impact: Outside and Utility branches.

 

Kewaunee Nuclear Plant Sale: On July 5, 2005 Wisconsin Public Service Corporation announced that the Kewaunee Nuclear Power Plant had been officially transferred over to Dominion Corporation.  While the Utility Workers Coalition did not have consensus on the this transaction (IUOE 310 supported the sale), IBEW 2150 opposed the sale of the Kewaunee plant primarily based on the loss of state regulatory oversight of the plant.  While the transfer of ownership has concluded, IBEW 2150 had joined with other interested parties in a court case challenging whether the PSCW has the power to enforce conditions agreed to as part of their approval of the sale on April 21st, 2005.   A court ruling on December 6th has rejected the case and stated that IBEW 2150 and MEUW (Municipal Electric Utilities of Wisconsin) do not have “standing” in the case.  Both MEUW & IBEW 2150 have withdrawn any further involvement in the case.  IBEW Branch Impact:  Inside and Utility.

 

Municipal Employment Issues:

 

NOTE: Both issues are archived as a result of the November 2006 elections.  The re-election of Governor Doyle and labor friendly Democrats taking control of the State Senate renders the below issues as “dead”.  Elections do matter.

 

So Called “Tax-Payer Protection Act” Attacks Municipal Employees:  In the 2005-06 session the Republican controlled Assembly Ways & Means Committee voted 7-6 to push a constitutional amendment to force restrictions on how local government governs your communities.  The so-called Taxpayer Protection Act (TPA) adds the additional control over wages and benefits paid to county, city, village, town, and school district employees.  Wage caps would be established similar to those imposed on school teachers by the Thompson administration back in the 1990’s.  If passed by the legislature it could not be vetoed by the Governor.  It would go on the November ballot as a referendum.  This onerous proposal would affect thousands of employees who work at municipal electric and water utilities across Wisconsin.  In the end, Democrats along with a few Republicans, held fast against these proposals.  TABOR, TPA, whatever….these anti-worker attacks need to be defeated.

 

Municipal Employment Law:    Local 2150 represents over 20 municipal employee contracts in Wisconsin.  Dozens of other municipal electric, gas, water & sewer contracts are represented by several other labor organizations across Wisconsin. There are several bills being proposed by the State Legislature that would undermine labor’s ability to collectively bargain contracts for municipal employees throughout Wisconsin.  Here are the bills:

AB 268: would make it easier to contract the work of public employees.

AB 361:  would delay the retirement age of public employees.

AB 515:  would give greater management latitude over health care carriers.

AB 518: would require arbitrator to alter long-standing factors in awarding cases.

AB 857:  would establish a version of the “QEO” for municipal employees

 

Municipal Employment Law:  Local 2150 represents over 20 municipal employee contracts in Wisconsin. There are several bills are being proposed by the State Legislature that would undermine labor’s ability to collectively bargain contracts for municipal employees throughout Wisconsin.  The bills, all sponsored by Republicans, attack Mediation/Arbitration law (AB 518), delayed retirement age (AB 361), health care coverage (SB 242), and contracting out of work (SB 268).   In Wisconsin, the IBEW represent most of the municipal electric power utilities in the state.  Local 2150 is working with other unions to oppose the attack on utility workers in Wisconsin.  IBEW Branch Impact: Utility, Outside, Inside.

 

The “Wal-Mart”  Health Care Bill - AB 860 (2006 Session) bill would assess “large employers” (10,000 or more employees) who provide little or no health care benefits an amount  determined by the State of Wisconsin for the cost of health care to citizens who work for these employers.  Wal-Mart currently refers more employees to be covered by Badger Care than any other employer in the state.  This results in Wisconsin taxpayers having to pay for care not provided by Wal-Mart.  Local 2150 appeared at the hearing in support of the bill.  Business groups lined up in opposition.  Wal-Mart has only been licensed to lobby for less than a year.  Their “pocket change” of approximately $50,000 in reported lobbying expenses buys them millions of dollars in savings in health care costs.  Much of those costs are dumped on taxpayers.  When a motion was made by the Democratic leadership on March 9th to bring this to a vote, the motion was defeated 59 to 35.  57 Republicans and 2 Democrats voted to keep your taxes higher.  35 Democrats voted to lower your taxes.  No Republicans opposed this form of corporate welfare.  Wal-Mart’s $50,000 lobbying investment paid off.   Impact: Workers paychecks and taxes.

 

Governor’s Energy Task Force on Efficiency & Renewables:  IBEW 2150 served on this task force that recommends increased reliance on energy efficiency and renewable energy.  On November 11th both the State Senate and State Assembly Utility Committees sponsored legislation aimed at making these recommendations state statute and a permanent part of energy policy for the state of Wisconsin.  A variety of stakeholders will review the details of the legislation with the intention of passing a bipartisan bill aimed at returning Wisconsin to a leadership role on energy policy among the 50 states.  The IBEW sees this legislation as an opportunity to participate in the new high efficiency and renewable projects that will improve Wisconsin’s economy and quality of life.   IBEW Branch  Impact:  Inside, Utility, Outside, Manufacturing

 

Governor’s Energy Task Force on Efficiency & Renewables- SB 459:  On Friday, March 17th Governor Doyle signed the Energy Task Force bill in Green Bay.  The site for the bill signing was Solar Mining Company.  They manufacture solar water heating systems for schools, hospitals, and other large facilities.  Local 2150, represented by its President, Forrest Ceel, introduced Governor Doyle at the ceremonies to a crowd that included Senator Rob Cowles, Representative Phil Montgomery, and PSC Chair Dan Ebert.  The Governor commented on how Wisconsin was going to be a leader in energy efficiency and renewable projects.  Millions of dollars of investments will open up job opportunities for the construction, operations, and maintenance for hundreds of megawatts of wind and solar energy projects.  IBEW Branch Impact:  Inside, Utility, Outside, Manufacturing.  

 

Firearms Discharge Toward Transmission Facilities – AB 748:  Local 2150 attended the bill signing ceremonies for AB 748.  With Governor Doyle signature this statute will impose strict penalties (jail and/or fines) if a firearm is discharged in the direction of transmission facilities.  Local 2150 testified in favor of the bill citing the threats of vandalism and violence toward construction and utility workers who build, operate, and maintain the interstate transmission system.  IBEW Branch Impact: Utility, Inside & Outside Construction

 

Drug & Alcohol Testing on Prevailing Wage Jobs – AB 736:  On Wednesday, March 22nd Local 2150 was invited to attend the bill signing ceremony by Governor Doyle for AB 736.  This bill will require that employers on a “prevailing wage” job have in place a written program for the prevention of substance abuse among its employees.  Virtually all employees in the utility industry in safety sensitive occupations have to (first responders gas or electric, nuclear power plant employees, dispatchers, etc.) work under similar rules.  This bill would require employees who perform similar work to meet the same standards.  IBEW Branch Impact: Utility, Outside, Inside

 

Point Beach Sale to Florida Power& Light:  In December 2006 Wisconsin Energy Corporation announced the sale of Point Beach Nuclear Power Plant to Florida Power & Light.  Point Beach has two units each producing over 500 megawatts of non-emission power. Local 2150 has four contracts representing over 450 workers and has maintained a relationship with the current owner that has kept almost all contracted work done by union labor at the plant.   Local 2150 opposed the sale of the Kewaunee Nuclear Power Plant to Dominion Corporation three years ago on the clear grounds such sales to out of state ownership can only be characterized as a step toward deregulating the electric power industry in Wisconsin.  But because the Public Service Commission’s approval of the transfer set a precedent for more merchant power plant owners, Local 2150 decided to reluctantly support the Point Beach sale as in the best interests of our 450 members represented under four labor contracts.  The sale was approved by the PSC in September and our members now are employees of Florida Power & Light.  Labor Impact:  IBEW Locals 2150 & 158 and Building Trades.

 

Workforce Successor Statute in Act 9 of Reliability 2000:   This historic and groundbreaking legislation was driven by the Utility Workers Coalition to protect utility workers in the event their place of employment was transferred to new ownership.  Lobbied heavily by members of the coalition the result is job security, wage, and benefit protections for our members for up to a 30 month period after the transfer of ownership. Several situations have required our monitoring of the enforcement of this statute including the transfer of ownership of Kewaunee and Point Beach nuclear plants to out of state owners.  Impact: Utility Workers in Wisconsin.