Build Houston June July 2015

www.buildhoustononline.com

June/July 2015

OXFORD
BUILDERS INC.

• Industry Leaders Face Growing Employment Issues
• NLRB’s New Quickie Election Rules Go Into Effect
• Local Woman Wins National Craft Professional Award

July 2015   BuildHoustonOnline.com
A B C DIR E C T ORY AND C ONS T R UC T ION R E S OUR CEJune /GUIDE

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BuildHoustonOnline.com June / July 2015

Letter from the Chair
Darlene
east

Holes Incorporated
2015 ABC Greater Houston Chair

A Walk on

the Hill
For the construction industry, one of our biggest challenges over the past two decades has been attracting workers
and expanding the worker base. As we – and organizations like Associated Builders and Contractors (ABC)- offered
more training and opportunities we discovered that many people still chose industries and fields with less opportunity,
pay, and benefits. On top of that challenge, government regulation and interference continue to plague our ability to
attract and recruit workers.
For many generations, construction has relied on an immigrant workforce. However, with government failure to
protect the borders of our country and lack of tamper proof identification, our industry and many others have watched
skilled illegal workers be forced off legitimate payrolls and into the cash economy. The politicizing of what to do with
the illegal immigrants in the country and the lack of leadership in our government has left us in a stalemate. No real
solutions have been developed to address the need for hard working individuals in many industries, and the large
number of available workers who cannot work legally.
June is the month that ABC members from across the country join together and lobby our federal government on issues
that affect us. In the past when we talked to our elected representatives about the opportunities in construction,
including pay and benefits, they have been amazed that it is not the message they hear from unions and others. They
believe that construction is a minimum wage job, where training and safety are nonexistent. While that may be true
in some cases it is by far the minority and not the majority of jobs. I urge all of you to join ABC on our walk on the Hill
in Washington D.C. on June 22-25. Visit www.abchouston.org to learn more.

June / July 2015   BuildHoustonOnline.com

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ABC LEADERSHIP
Chair
Darlene East
Holes Incorporated
Chair Elect
Mike Holland
Marek Brothers Systems, Inc.
Vice Chair
Warren Adamson
S&B Engineers and Constructors
Secretary
Matt Frey
Skanska USA Building Inc.
Treasurer
Todd Fry
Karsten Interior Services
2015 BOARD OF DIRECTORS
Brian Anderson
G.R. Birdwell Construction
Rusty Barnhill
Force Corporation
Leonard Bedell
Mobil Steel International
Kerry Bennett
ISC Constructors, LLC
Robert Burelsmith
E. E. Reed Construction, L. P.
Tahnee Coulston
Zachry Industrial
Sam Craig
Craig & Heidt, Inc.
Matt Daniel
KBR Building Group
Matt Elliott
SpawGlass Construction Corp.
Laura Price Gautreau
Polk Mechanical
Dinesh Ghia
Gilbane Building Company
John Golashesky
Turner Industries Group, LLC
Brandon Mabile
Performance Contractors, Inc.
John Marshall
Satterfield & Pontikes Construction Inc.
David McCleskey
KBR
Rod Molyneau
JACOBS
Phillip Morgan
CB&I
Joe Orr
Baker Concrete Construction, Ind.
Rodney Page
Ref-Chem L.P.
Tim Ricketts
Channel BioRefinery & Terminals
Wendell Rychlik
W.T. Byler Company
William Sanchez
Oxford Builders Inc.
Christina Stone
Gaughan, Stone & Thiagarajan
Henry Villarreal
Turner Construction
Ben Westcott
Andrews Myers
Mark Williams
Bechtel Construction Services
Lohn Zylicz
D.E. Harvey Builders, Inc.
Build Houston Magazine
3910 Kirby Drive, Suite 131
Houston, Texas 77098
(713)523-6222
Publisher/Owner:
Associated Builders & Contractors of Greater Houston
Executive Editor: Jennifer Woodruff
Assistant Editor: Megan Brann
Account Manager: Janice Peters
Graphic Design: Robert Chevis

 

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BuildHoustonOnline.com June / July 2015

Cover Story

15

Contents

Oxford Builders

Oxford works on a wide spectrum of commercial projects
which includes but not limited to, schools, airports,
universities, hospitals, churches, fire stations, water
treatment plants, dormitories and assisted living centers.

Also in this issue

6 A Roadmap to Compliance
9 NLRB’s New Quickie Election Rules
10 KBR Employee Wins ABC National Construction Award
12 Workplace Wellness Can Boost Productivity and Reduce Costs
16 Does a Workforce Lie Or Just Do What It Thinks You Want?
12 A Tall Man With Short Character
20 Industry Leaders Must Now Face Growing Employment Issues
Best Practices to Protect Against Whistleblower & Retaliation Claims

On April 15, 2015, the NLRB’s new quickie election rule went into effect,
expediting election procedures in union-targeted workplaces.

The national award is bestowed on the craft professional who demonstrated a
commitment to safety and training, as well as a commitment to excellence.

You don’t need to be a large corporation with a big budget to institute a
comprehensive employee wellness program that reduces your costs.

Part three in a series further explores the thought of an ingrained survival
instinct on the jobsite..

Projects can take on a personality and culture of their own. How safety works
into that culture can be the true key to success. .

The Construction Industry Faces Complex And Interwoven Issues Concerning
Employment In The Next Decade.

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Oxford Builders....................................15
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June / July 2015   BuildHoustonOnline.com

5

A Roadmap to
Compliance
Best Practices to Protect
Against Whistleblower &
Retaliation Claims
ABOUT THE AUTHOR
G. Mark Jodon, office managing shareholder
for Littler’s Houston office, is board-certified
in labor and employment law by the Texas
Board of Legal Specialization. Mark represents
companies in all aspects of HR and employmentrelated matters. He can be reached at
(713) 652-4739 and [email protected].

 

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BuildHoustonOnline.com June / July 2015

T

he Whistleblower Protection Advisory Committee (WPAC), a
group consisting of legal experts from labor and management
perspectives, corporate safety and compliance directors,
public policy professionals, union representatives, academics
and present and former regulators, has submitted to the U.S.
Secretary of Labor a series of “best practices” for the DOL to
consider adopting which would provide a roadmap to compliance
with whistleblower laws and statutes prohibiting retaliation. 
The WPAC best practices consist of the following six components
to establish an effective whistleblower protection and antiretaliation system: (1) leadership commitment; (2) a true “speak
up” organizational culture that is the basis of a prevention-oriented
program that encourages raising and fair resolution of issues;
(3) independent, protected resolution systems for allegations of
retaliation; (4) specific training to teach workers their rights and
about available internal and external protection programs, and for
managers to learn these along with related skills, behaviors and
obligations to act; (5) monitoring and measurements that don’t
contribute to suppression of reporting and which measure the
effort and effectiveness of inputs to a speak-up and non-retaliation
culture; and (6) independent auditing to determine if the program
is actually working.

Implement a Retaliation Response System
Any effective response system requires an independent complaint
review process which includes an independent reporting line that
can reach upper management.  The system must be known and
accessible to all.  Employers should be transparent as to how
investigations are conducted.  Steps need to be taken to avoid
conflicts of interest; for example, consider using independent
third party investigators as necessary.   An appeal mechanism
should also be incorporated into the system.
Anti-retaliation Training
Do not assume people intuitively know what does and does not
constitute retaliation.  Training should cover (a) what constitutes
retaliation especially since subtle or less obvious behaviors such as
peer pressure, ostracizing, mocking and exclusions from meetings
could rise to the level of retaliation; (b) how to respond to a report
of retaliation without engaging in retaliation in the process; (c)
techniques and skills for defusing and stopping retaliation in a
work group; and (d) relevant laws, rights of employees, and the
risks and consequences of not responding appropriately.  Training
should include the specific requirements and rights pertaining to
the employer’s organization and industry.

“The best way to avoid retaliation and whistleblower claims is to address
the concerns internally in a timely and effective manner through a strong
prevention program supported by upper management.”
Leadership
The best way to avoid retaliation and whistleblower claims is
to address the concerns internally in a timely and effective
manner through a strong prevention program supported by
upper management.  Business owners must take the lead in
implementing a whistleblower-protection and anti-retaliation
system that includes training on how to identify retaliation, carry
out independent and thorough investigations and undertake
effective remedial action as necessary.  Managers should be held
accountable for supporting such programs through performance
reviews that are tied to compensation decisions.  Companies
should enact strong codes of conduct and ethics programs to
support fair treatment of employees who report issues internally,
to agencies, and in response to government inquiries.
Foster a “Speak Up” Culture
The prevalence of retaliation in the workplace can be greatly
reduced by implementing a culture that encourages employees
to raise issues of concern.  This requires effective reporting
mechanisms with assurances of no punishment for reporting
concerns or incidents.  Promote early reporting and early
resolution of concerns for the sooner the issue is raised the easier
it will be to resolve. 

Monitoring Progress
Identifying trends in the workplace is crucial for preventing
retaliation.  Incentive systems, such as rewarding employees for
low accident rates or safety incidents, can suppress reporting and
actually foster retaliation.  Consequently, companies need to be
careful encouraging such rewards.  Higher reporting numbers
allow a company to identify where retaliation may be taking place
and offer an opportunity to address the issue before an employee
takes the concern to a government agency for investigation.
Audits
Periodic review of the anti-retaliation program is recommended. 
Management may be too close to the situation to see shortcomings
in the program.  To ensure that the program is working effectively,
employers should consider engaging independent evaluators or
auditors to review the entire program.  An important component
of the audit should be feedback from employees.  This can be a
valuable resource for identifying what works best in the program
and what needs to be improved. u

June / July 2015   BuildHoustonOnline.com

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BuildHoustonOnline.com June / July 2015

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NLRB’s New Quickie Election Rules
Went into Effect April 15, 2015

n April 15, 2015, the NLRB’s new quickie election rule
went into effect, expediting election procedures in
union-targeted workplaces so that union elections
can occur in as little as 13 days after a union files a
Petition for Election with the NLRB. Union elections traditionally
occurred at least 35 days after the union’s Petition was filed, giving
employers substantially more time to both address issues raised
in the Union Petition, and try to persuade employees to reject the
organizing effort.

also include all employee names, work locations, shifts
and job classifications for the petitioned for unit and any
proposed alteration of the unit sought by the employer.
Under the previous rules, employers were not required
to disclose information about their employees until after
the NLRB issued a Decision and Direction of Election.
•

Once the Hearing occurs, and the Union responds to
the issues raised by the employer in its Statement of
Position, the NLRB will now issue a Decision and Direction
of Election (“DDE”), which will set out the election details
and time.

•

Within two (2) business days of the issuance of the DDE,
the employer must serve on the union the Excelsior list
of eligible voters including their names, addresses, cell
phone and home phone numbers.

The NLRB’s recent changes, which now give employers less than
half the time they previously had to respond, include:
•

Unions are now allowed to file election petitions,
setting out the proposed unit for union representation,
electronically with the NLRB. Previously, petitioners were
required to submit election petitions by mail, fax or inperson. The new rule permits electronic transmission of
petitions, election notices, and voter lists. Moreover, the
rule permits the NLRB regional offices to communicate
with parties by e-mail rather than mail in certain cases.

•

The NLRB can now issue a Notice of Election within two
(2) business days after the service of the union Petition
on an employer. The employer is now required to then
post the NLRB’s Notice of Election. The former rules left
education concerning the election to the union and the
employer without NLRB involvement.

•

A Notice of Hearing regarding the union’s Petition for an
Election will now generally accompany the service of the
union’s petition on the employer. The hearing will be set
to occur 8 days from the service of the notice of election.

•

Employers are now required to file and serve upon the
union, a Statement of Position in advance of the election
hearing. The election hearing will be limited to the issues
outlined within this Statement of Position, which must

The prevailing belief is that unions have a better chance of winning
an election when a campaign period is shorter. Expedited elections
hinder employers’ chances of educating their employees about
what they see as the negative realities of unionization. Unions, on
the other hand, generally already have begun communicating with
employees prior to an employer learning about the organizing
effort. With a shorter election cycle, employers will have less time
to catch up with the Union in terms of employee communication.u

ABOUT THE AUTHOR
Board Certified in Labor and Employment Law by the
Texas Board of Legal Specialization, Anthony G. “Tony”
Stergio has extensive experience in the defense of State
and Federal employment discrimination claims, wage
and hour compliance, non-competition agreements
and employment policy design and review. He speaks
frequently at employment-related seminars and also
counsels clients regarding developments in various
areas of State and Federal employment law.
www.andrewsmyers.com.

June / July 2015   BuildHoustonOnline.com

9

KBR EMPLOYEE WINS
ABC NATIONAL
CONSTRUCTION
AWARD

A

ssociated Builders and Contractors (ABC) awarded Holley
Thomas, a Certified Welding Inspector for KBR, the National
Craft Professional of the Year title. The national award is
bestowed on the craft professional who demonstrated a
commitment to safety and training, as well as a commitment to
excellence. Thomas’ managers said she not only displays the
qualities required to be nominated for the award, but she also
serves as a role model to future craft professionals.
Thomas began her career as a welder helper where she quickly
learned the trade to advance to structural welder. In 2010, she
competed at the National Craft Championships in structural
welding. Her performance awarded her the gold medal and
became the first woman to ever place at that event.
“I want to be remembered as a positive influence in the industry,”
Thomas said. “I want to be helpful toward other women and
encourage them to enter the field of construction and welding. I
want my legacy to be that a woman can rise through the ranks of
the construction industry, all the way to the top.”

“Holley is one of the most honest, dependable, and straightforward people you will ever come across,” said Robert Stroh,
Thomas’ training coordinator, who co-authored the Craft
Professional of the Year nomination essay. “She is an incredible
welder and selfless industry leader. She deserves this recognition
as the Craft Professional of the Year due to her mastery of her
craft, her work teaching and mentoring others, and her dedication
to the industry in general.”

”I WANT TO BE HELPFUL TOWARD
OTHER WOMEN AND ENCOURAGE
THEM TO ENTER THE FIELD OF
CONSTRUCTION AND WELDING...”
One hundred people were nominated for this coveted national
award; Thomas was one of four finalists interviewed during the
ABC National Workforce Conference in March. She not only was a
finalist at the National Workforce Conference, but Thomas served
as a judge for the structural welding competition during the ABC
National Craft Championships, a testament to her dedication to
her craft.
“The panelist judges wanted to get to know more about me as
a person and about how I progressed through my career,” said
Thomas, a quality control inspector on a KBR project in Enid,
Oklahoma. “It’s an awesome experience to be recognized with
such a prestigious award from my industry.”
As the winner of the Craft Professional of the Year award, Thomas
received a brand new 2015 Ram Tradesman Truck sponsored
by Tradesmen International as well as the title. ABC Greater
Houston would like to congratulate Holley Thomas on all of her
accomplishments. u MB
Based on the Merit Shop and Free Enterprise principles, Associated Builders and Contractors (ABC) of Greater
Houston helps members win construction related work and deliver that work safely, ethically, and profitably for
the betterment of the communities in which they work. ABC is a national trade association representing 22,000
members from more than 19,000 construction and industry-related firms. Founded on the merit shop philosophy,
ABC and its 70 chapters help members develop people, win work and deliver that work safely, ethically and
profitably for the betterment of the communities in which they work.

 

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BuildHoustonOnline.com June / July 2015

Call Jim Cardoza at 713-253-7072
or e-mail [email protected]

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Phone: (713) 721-7070
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June / July 2015   BuildHoustonOnline.com

11

H

ealthy employees help small business owners improve
productivity in a variety of ways, from better attendance to
increased performance. Study after study has documented
the cost savings and increased benefits to employers when
they institute employee wellness initiatives. You don’t need to be
a large corporation with a big budget to institute a comprehensive
employee wellness program that reduces your costs and boosts
your profits.
The success of any company depends heavily on the productivity
and performance of its employees. There is strong data to
suggest that high levels of stress, excess body weight, and other
multiple risk factors impact productivity and are associated with
increased healthcare costs and illness-related absenteeism.
Providing education and motivation to improve individual health
can produce valuable rewards for both employees and employers.
Several health trends in the U.S. have led more employers
to implement comprehensive wellness strategies to improve
employee health, reduce health-related costs, and improve
productivity. As a result, employers have begun to weave various
work-based wellness initiatives and programs into their overall
benefits offerings. Companies also offer wellness programs to
remain competitive in the marketplace and as a recruitment and
retention benefit.
With American workers spending more than one-third of their
daily lives at work, employers have an opportunity to capture

 

12

BuildHoustonOnline.com June / July 2015

employees’ attention. Studies confirm that health improvements
and cost savings are achievable by providing work-site programs
for health promotion and disease prevention. Wellness programs
not only improve an individual’s short-term and long-term health,
but they also help curb absenteeism and presenteeism, improve
productivity, and aid quicker return to work for employees on
disability leave.
While the return on investment varies for each employer, studies
have shown that businesses can see a return of $3 to $5 in reduced
health care, workers’ comp and absenteeism costs for every $1
they invest, according to the Small Business Wellness Initiative.
Workers injured on the job not only cost employers money in
claims, but also reduce work output if those workers cannot be
replaced. Taking into account just lower back pain problems,
businesses lose 100 million days of work per year, according to
the Wellness Council of America.
The top 3 most needed health improvement programs are
Weight Management, Physical Fitness and Smoking Cessation.
For example, The Center for Health Improvement estimates
that smokers cost employers $3,000 more per year in increased
health care premiums, absenteeism, and lost productivity when
compared to non-smokers.
Chronic conditions are on the rise and costs are too.
The Center for Disease Control estimates that chronic disabling

conditions affect more than 25 million people but what’s more,
chronic diseases such as cardiovascular including heart disease
and stroke, cancer and diabetes are the most prevalent, costly
and preventable of all health problems.

We Know OSHA Law

Medical costs for individuals with chronic diseases are
estimated to account for more than 75% of the U.S. $2 trillion
medical care costs.
A recent study shows that if individuals adhere to healthy
lifestyle practices of maintaining a healthy weight, eating well,
getting regular exercise, and not smoking, chronic disease
could be reduced by as much as 80.6%.
In summary, the benefits of corporate wellness programs can
include:

OSHA CITATION DEFENSE • ON SITE OSHA
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Principal Office: Houston Galleria
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•

Lower health care costs

•

Reduced chronic disease risk

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Decreased rates of illness, injury and disability

•

Reduced absenteeism

•

Increased employee productivity and efficiency

•

Enhanced retention of health employees

•

Improved morale and lower stress levels

The good news is that wellness programs offered by employers
can help employees turn chronic health problems and unhealthy
behaviors into healthier lifestyles, which not only benefits the
employee’s own health and costs, but also the employer’s bottom
line. u
ABOUT THE AUTHOR
Christ Taylor Insurance is a local Employee Benefits and
Insurance Brokerage firm doing business for over 50 years
in southeast Texas, and long-time ABC member. We provide
solutions to small and medium size companies in the areas of
Healthcare and other Benefit programs, as well as Life Insurance
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Contact the Christ Taylor team at

713-850-7747 or www.christtaylor.com

June / July 2015   BuildHoustonOnline.com

13

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CHARLES DANLEY

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CROWD CONTROL

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• Houston, TX 77093 • 713-742-8722

BuildHoustonOnline.com June / July 2015

CONSTRUCTORS. INC.

Engineers • Designers
Fabricators • Constructors

BRUNO J. MACIEJESKI, P.E.

President
10200 Windfern
Houston, Texas 77064
[email protected]

Phone (281) 469-9770
Fax (281) 469-9776

Oxford Builders installs rough carpentry which includes roof blocking,
window blocking, interior blocking and wood framing.

Oxford Builders builds and covers wood decks with Ipe decking,
composite decking, and pressure treated decking.

“We hang doors
and a whole lot more”

OXFORD
BUILDERS INC.

Oxford Builders specializes in working with specialty woods, including Ipe,
Mahogany, Cedar, Clear Heart, vertical grain bald Cypress and sinker Cypress.

O

xford Builders’ slogan is “We hang doors and a whole lot
more”. For some customers we install doors and hardware,
for others we install louvers, and for others we build tree
houses!

Oxford Builders Inc. works for large commercial general
contractors in the Greater Houston Area. Our customers demand
the very best. High quality work, done safely and on schedule.
Oxford has been successful in delivering work as desired since
its inception.
Oxford works on a wide spectrum of commercial projects
which includes but not limited to, schools, airports, universities,
hospitals, churches, fire stations, water treatment plants,
dormitories and assisted living centers.

No louver is too big for Oxford Builders.

What does Oxford Builders do on these projects? “We hang
doors and a whole lot more”. The whole lot more includes rough
carpentry, roof blocking, specialty wood installation, owner
furnished contractor installed (OFCI) medical equipment, louver
installation, wood decks, outdoor furniture, truck maintenance
equipment installation, hollow metal modifications, aluminum
frame installation, wood trellises, pergolas and gazebos, Hardie
Plank siding and trim, finish carpentry and temporary decks.
There is a lot to the “whole lot more”. For more information,
contact

William

P.

Sanchez

at

[email protected],

call 713-934-7777 or visit www.oxfordbuilders.com.

At Oxford Builders, we call this fine carpentry.

June / July 2015   BuildHoustonOnline.com

15

DOES A WORKFORCE LIE,
OR JUST DO WHAT IT THINKS YOU WANT?
Part 3 of the Series

T

he GC’s electrical subcontractor ran afoul of his own
lockout/tagout program. The result was a minor
electrocution. This means the electrical shock injured
him but didn’t kill him. Dying is a major electrocution.

Too bad it happened. Really too bad it happened on an
oil and gas company’s major capital project. The details of
the confrontation are beyond the scope of this column but
suffice to say the outcome resulted in me getting a job. I
was hired to perform QA/QC oversight on the project.
It was in this climate the story unfolds. I thought I was doing
a great job and patted myself on the back daily.
One day I arrived and, as usual, I was slightly detained by
the guy on the dock chatting with me as I awaited the GC’s
rep to come get me. This time he was more talkative than
usual. I was about out of time so, when the dock elevator
opened, I jumped on and as the elevator door closed I
heard the dock guy frantically yell out, “No, Wait! You have
to wait!”--- but I just smiled and waved as the elevator doors
closed the gap between us.
As the elevators opened, I was stunned. Guys were yelling
“Tara’s here”, other guys were running around putting up
caution tape, still others were tossing hard hats to men
on ladders which they were catching effortlessly as if it
was all rehearsed and the Blue Danube was playing in the
background.
No more back patting. My hold on their safety was clearly
tenuous at best.
Why do people do these things? I was paid by their boss
and their boss’ client to ensure their safety so, at least on its
face, safety was something everyone wanted and was willing
to pay good money to get. If they hustled for construction
quality, budget, and schedule, why not safety?
An investigation into why they did these things revealed
everyone was in on the illusion. The security guard radioed
the crews whenever Tara, like Elvis, “arrived at the building”
or “had left the building”. The mad rush to appear safe
would then ensue. Before the investigation was over, I
interviewed some top line managers of the major owner’s
 

16

BuildHoustonOnline.com June / July 2015

own team. A senior manager told me, “Tara, one time a guy
at headquarters messed up the competition for a safety
goal. To this day, anytime anyone really screws up, they
call it ‘doing a Joe Brown’*. None of us want to be that guy.
If I hurt myself at work and was wheelchair bound, and
people asked me if I got hurt at work, I would say ‘Heck no,
I’m not even hurt, I just don’t like walking anymore’. That’s
how much I don’t want to be that guy who messes up the
numbers.”
From the Hispanic laborer who spoke no English, to this
senior line manager at a Fortune 100 company, the answers
were all the same: “It doesn’t feel safe to be safe. It feels
threatening. It is like our job and our reputation and our
belongingness are on the line. Listen, we have to survive.
We have families to feed, careers to protect.” There it is…
Survival Instinct.

Why do we have entire workforces
who passively agree to collectively
lie? Because, in a world where
losing your job in a shameful way
feels life threatening, our business
models send powerful messages
that employees’ lives depend upon
maintaining the illusion.
Exactly
what form do these messages take?
Is this really still profitable to anyone?
What will shift this paradigm? If we
have decades of business models
that reinforce this fear-based model,
is there any way at all to shift it? The
good news is yes. Tune in to the
next issue. u
*Name changed for anonymity

Trouble?
ABOUT THE AUTHOR
Tara Maria Amavi,
(formerly
Tara
Templeton Hart, name
changed due to identity
theft) is the Founder
and President of TCA/
The Compliance Alliance
L.P. TCA has provided
services to almost 1000
companies nationwide
and TCA’s proprietary
tools, methods and
means have been ranked #1 in the world for
managing contractor safety. The TCA Safety
System® is peer acknowledged as a method
based upon TCA’s own trade secrets which
get better results than traditional safety
methods and, therefore, saves lives.
Ms.
Amavi has been named one of Houston’s 50
Most Influential Women by Houston Woman
magazine, and has also been named one
of the Who’s Who in Safety by Compliance
Magazine. Ms. Amavi is a sought after public
speaker, has appeared on local & national
radio and television programs including five
appearances on The BusinessMakers, a radio
show hosted by John Beddow & Russ Capper.
Ms. Amavi may be contacted at tara.amavi@
tcamembers.com or 713.263.7661. various
areas of State and Federal employment law.
www.andrewsmyers.com.

Let us help you get off the hook.
Interface Consulting’s construction consultants and experts provide proven insight backed
by unrivalled experience to address cost and schedule issues on troubled projects. Clients
have called on us to assist with change order identification and substantiation, schedule delay
analysis, claims preparation and management, and dispute resolution for the past 27 years.

We’ve built our reputation by getting into trouble.
www.interface-consulting.com | Houston, TX | 713.626.2525

June / July 2015   BuildHoustonOnline.com

17

Tall man with

short character

W

hen a project manager proclaimed to his staff that they
would do things “My way or hit the highway”, I knew we
would have trouble with the guy. It wasn’t everything
that he disagreed with when he’d apply his policy. With
all the staff lower on the organization chart than he, he’d use his
techniques. But if a person was more educated or held a higher
position, he was just an ordinary manager doing what he is
supposed to. He was tall and lanky and rather stooped over at
the shoulders. We called him the tall guy with the short character.

It’s About The Little Guy
On the construction site, the ‘little guys’ outnumber the others.
It takes more than a village to get the job done. We little guys
are known as craft workers, laborers, schedulers, planners, time
clerks and safety professionals. We do what we are told and take
the brunt of cost overruns, schedule busts and injuries. Everyone
knows that leadership is supposed to lead the way in construction,
guided by managers and executive staff in the home office. What
actually happens is quite different. When quality is not what it
should be, it is a fault of leadership. If rework is the norm, it
is the fault of leadership. When the costs exceed the budget,
it is the fault of leadership. When a worker is injured, it is
the fault of leadership. OK, “Why is it so?” you might ask. It’s
really simple: since senior leaders are supposed to lead, they
are also supposed to approve the bids, approve the process
of construction plans, monitor the construction activities
closely and prevent overruns, quality non-conformances and
expended work hours as well as injuries.
As far as injuries go, I’ve been told many times in my career
that we need to change our policies, tighten up on compliance
and get the crafts in line. I’m the wrong person to tell this to!!
Unless I’ve been misinformed, the safety department does not
supervise the crafts; safety does not build the budget and safety
does not tell crafts to do it like ‘I tell you’ until the safety guy
comes around. If this happens, it’s the fault of management.
What Is The Safety Staff Supposed To Do?
Safety pros are the ombudsmen for the crafts. They are
resources to line leaders; they are trainers, coaches, facilitators
and sometimes the shoulders for counseling. They are never
the disciplinarians.
When visiting a construction site recently, I found the safety
manager at his desk preparing safety talks for the next day’s
meetings. He said other than the behavior based safety
program, training the worker safety committee and leading
crafts on inspection tours, it was his main job. He seldom had to

 

18

BuildHoustonOnline.com June / July 2015

ABOUT THE AUTHOR
Bennett Ghormley has more than 35 years of
experience in safety, training and construction
administration. He is experienced in implementing
safety programs involving commercial, industrial and
municipal industries. Mr. Ghormley has conducted
audits, investigations and inspections in refineries,
chemical and petrochemical plants, for pipelines,
water and waste facilities, manufacturing plants and
fabrication facilities. Mr. Ghormley has served as
an expert witness in litigation cases and appeared
before the Workers’ Compensation Commission, EEOC,
Employment Commission and civil courts. Contact Mr.
Ghormley via email at [email protected].

investigate incidents-because they seldom had any. Unlike many to be dismissed from the site, it should be done with care and
sites, this one had it right: the foremen were the eyes and ears of understanding.
safety. The on-site theory was that if the foremen is supposed to
direct the work, it was his job to direct it safely. Since the foremen Projects can take on a personality and a culture of caring. Lead
is responsible for planning safety for each task, at that site all crafts yours correctly and be known as the one that stands tall in stature
help prepare the JSA-job safety analysis. Since they help plan the as well as character. u
work, they then own the safety program and become care-takers
for each other and the craft teams. At that site, reaching zero injury
was happening and it was the job of all and it’s exciting seeing the
leaders enjoining with the crafts in every
part of the safety program. The crafts
were even in charge of the awards and
recognition program. All management
had to do at that site was facilitate the
safety program. Quality, production and
safety were working excellently. The craft
teams made the program successful and
Know the market.
they were the envy of the company’s
Protect acquisitions and investments.
other project teams.

Cokinos, Bosien & Young
Game Plan

Play to win.
What About Discipline?
Every company needs a firm disciplinary
program. It’s there for when a worker
acts like an individual and not a team
member. It’s when an ‘outlier’ cannot
conform to a structured program. It’s for
when someone does not care for others
the way he should. It’s for those who take
unnecessary risks that put lives and limbs
and families in the line of fire.
At well lead projects where individuals are
cared for and made a part of something
good, discipline takes care of itself. When
discipline is necessary, it is done with care,
not punishment. Sometimes forgiveness
is in vogue; sometimes retraining or
time off is indicated. If a person needs

That’s the Cokinos, Bosien & Young
approach. Whether it’s complex
litigation, transactions, business
formation or dispute resolution, our
attorneys understand that your
business is more than a game.

FOUR HOUSTON CENTER • 1221 LAMAR STREET • 16th Floor • HOUSTON, TX 77010 • Tel: 713-535-5500

www.cbylaw.com

HOUSTON

•

DALLAS /FT. WORTH

•

SAN ANTONIO

•

AUSTIN

June / July 2015   BuildHoustonOnline.com

19

Industry Leaders Must Now Face
Growing Employment Issues
megan brann
 

20

BuildHoustonOnline.com June / July 2015

The Construction Industry Faces Complex
And Interwoven Issues Concerning
Employment In The Next Decade.
Early obstacles have evolved into daunting complications some
industry leaders struggle to confront. The skilled workforce has
dwindled into what may feel like a drought; the industry fights to
dispel myths created by poor, perhaps unintentional, branding;
and students are just now beginning to see the value in vocational
training as opposed to a collegiate education. Some of these
concerns are factors of a variety of controversial and, what some
may call, “hot button” issues, like immigration. So the question
arises, what must industry leaders do to tackle employment
problems?
The Problem’s Roots
Many agree about the factors that have led the industry into the
skilled workforce shortage. Randy Walker said the shortage is
an “unintended consequence” of companies moving their workhours offsite which has eliminated the entry-level practice new
employees’ need to acquire the knowledge necessary to master
their craft. This action reduced the number of helpers needed. But
while this cuts cost, Walker said there are unseen penalties.
“Contractors’ failure or inability to convey the value proposition
coupled with owners’ drive for lowest cost versus most cost
effective caused contractors who instituted viable training
programs to abandon them in order to compete for projects
against contractors who do no training,” Walker said.
He adds that owners have evolved to a bidding process that has
shifted the accountability for contract award to the procurement
departments and in most cases contractors inability to convey
value propositions for mature cost and scheduling techniques
(requires staffing and more cost to owners in the short term) has
reduced the evaluation to pure low cost.
“Many studies and white papers identify the hazards of “fast
track” projects, yet the owners are pushing the contractors for
compressed schedules that rob the industry of any opportunity to
implement reasonable and consistent training programs,” Walker
iterated.
Construction Career Collaborative, also known as C3, was created
to positively address the issues facing the craft worker. Executive
Director Chuck Gremillion said part of the reason why there was
movement away from formalized craft training was after unions
were primarily eradicated from Houston; many companies chose
not to adopt training programs in order to drive down costs.
“The misclassification of the worker also became an issue,”
Gremillion said. “Companies identifying as subcontractors don’t
need to pay employment taxes or provide employee benefits.”

Formalized training may assist in bringing in a new generation
of industry leaders. A feat which Gremillion said is something he
“can’t say enough about.”
“We must make the industry attractive again,” Gremillion said. “We
must better communicate what a career in construction can be,
and what it can become. We need to pay properly and provide
employee benefits.”
“It is unreasonable to expect a person to work a ten-hour shift,
drive 30 to 45 minutes to an offsite training facility and then spend
1.5 to 2.5 hours in a classroom, we have all but abandoned on site
training and compensation for participation as a cost reduction
strategy,” Walker said.
We must “re-tool” the image of the industry, Walker added, by
creating more visibility to parents and potential entrants by
demonstrating sustainable career options, competitive wages,
and dispelling the myth that our industry is not safe.
Because a company may not have formalized training upon entry,
because the new hire may have demanding hours with night
classes, because they may not have the opportunity to apply the
classroom knowledge onsite, potential new hires fall through
these gaps into other careers. Formalized entry training, like many
other careers offer, may tackle the foundational issues by creating
understanding, Gremillion said.
It may also dispel the many myths circulating the industry. Myths,
like vultures, pick apart the truth and reveal obstacles the industry
still needs to face. Walker said the two critical myths are that the
work is too dangerous or that there is no sustainable career. But
a dangerous myth, Gremillion said, is one that perhaps few would
like to admit to him.
“One myth that, perhaps, no one would like to tell me is that we
can not overcome this problem. These issues are so embedded
that many are taking a short term view, believing that it is more
cost effective when, in fact, it is more cost effective to turn the
other way,” Gremillion said. “We like to say at C3 that 90 percent
of the cost of a building is after it’s constructed. Maintenance on
an improperly constructed building will cost more. But I find that
many believe someone else will solve the problem.”
The issue needs more leaders, Gremillion said. When more
organizations get involved, the quicker the problem may be solved.
A View on Immigration’s Role
The controversy surrounding immigration, especially in the
last year, has forced the conversation into the offices of
construction industry leaders of what type of action to take for the
undocumented employee. President and CEO of Marek Brothers
Systems, Inc. Stan Marek is on the forefront of this issue, analyzing
its effectiveness.
Continued on Page 23

June / July 2015   BuildHoustonOnline.com

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BuildHoustonOnline.com June / July 2015

Speaking as the leader of a large commercial specialty contractor,
Marek states, “In Texas as other border states, we have mostly
an undocumented labor force. They work mostly as independent
subcontractors or for labor brokers that also misclassify them.
Few pay taxes or receive any benefits. And wages are below the
poverty level.”
Marek recently wrote an Op-Ed for the Houston Chronicle and
has agreed to reuse of its contents. He began by discussing the
Deferred Action for Childhood Arrivals (DACA), which gave foreignborn children who illegally entered the country before their 18th
birthday an opportunity to seek legal status. Marek added that it
granted them the right to work.
“But it wasn’t just given out like candy, as some suggest. These
young people who were brought here through no fault of their
own had to pass a criminal background check, pay $485 and the
whole process has to be repeated every two years,” Marek wrote.
“Immigrants who are in the country without documents should
work and pay taxes like the rest of us. Why would anyone who calls
himself ‘conservative’ be opposed to ensuring immigrants aren’t
given a free ride? The U.S. Department of Homeland Security
estimates an executive order extending DACA to the parents
of children and young adults who qualify for the program could
affect more than 5 million people. It’s not amnesty. It is a sensible
program aimed at identifying people and taxing them for working
in the United States. That’s the kind of border security we need.”
So how will changes affect the industry? Marek said he believes
current immigration laws could help soften the shortage of skilled
workers. Marek referenced the Deferred Action for Parents
of Americans and Lawful Permanent Residents (DAPA), acting
similarly as DACA, stating it “was a great solution.”
“But it will be tied up in court and may never see the light
of day. Congress refuses to deal with this issue. So if nothing
happens, more workers will cease being employees and work as
independents being responsible for their own taxes and accident
insurance. And eventually all undocumented workers will find this
as their only way to work in the US,” Marek said.
Associated Builders and Contractors’ (ABC) stance proposes
applicants for the guest worker program already living in the U.S.
to pay a registration fee and have a sponsoring employer as well
as comply with all rules and regulations necessary under law. The
employer can aid the worker in paying the fee, or the worker can
have his/her fee withheld from the worker’s wages over a period
of time. As for identification, ABC supports simplification and
expansion of the H-2B visa program, which provides American
businesses with the ability to bring in workers to perform skilled
and low-skilled tasks in non-agricultural industries. The current
H-2B visa program is tedious, time consuming, expensive and
largely unsuccessful for the construction industry. ABC believes
the government should not target or prosecute employers that
enroll in and properly use E-Verify, or properly comply with

Form I-9 requirements. Good faith compliance should be an
affirmative defense that the employer did not knowingly hire
an undocumented worker. Before imposing any civil or criminal
penalties, the government should be required to prove beyond
a reasonable doubt that the employer had actual knowledge that
the employee circumvented the electronic verification system/
Form I-9 documentation.
Unions’ Effect on Employment
But in order to tackle these issues, maintaining an open shop
workforce is critical. Open shop contractors dominate the market,
but Mark Jodon, of Littler Mendelson, P.C., said unions could regain
a strong hold if the opportunity arises.
“Generally, the union movement remains dormant. There are
very few organizing campaigns in the Greater Houston area and
in Texas generally. Only 6.2 percent of the workforce in Texas is
represented by unions. There are pockets of activity from time to
time,” Jodon said. “Employers should expect some renewed efforts
independent of a disaffected group of employees of a single
company. For example, the Teamsters are trying to re-establish its
presence in the waste refuse arena by attempting to leverage off
the positives it may secure in the collective bargaining agreements
with the few unionized companies that exist. The IBEW is running
prime-time advertisements on television extolling the virtues of
union labor and training.”
Jodon suggested that companies combat the strength of unions
internally by analyzing policies and employee satisfaction.
Employers should conduct vulnerability audits in order to
determine areas of exposure to union campaigns. He also
recommended creating a rapid response team in order to deploy
any action if need be. But all in all, he said communication is key.
First and foremost, Jodon iterated, listening to employees and
being proactive is critical.
“Unless the unions have an opening, they are basically restricted
to “advertising”—albeit noisy and disruptive—and/or “cold calling”
on departing/arriving workers at a facility or nearby bar or eatery.
Good communications, fair treatment and respect are the keys to
keeping the union off your doorstep,” Jodon said.
The Next Decade
The construction industry is facing a new era with new employees,
better technologies and improved safety structures. Enhanced,
formalized craft training for introductory employees will be the
first hurdle for many companies, but, perhaps, the most vital jump.
Immigration and union control could affect industry growth, and
it’s important to be aware of how possible changes and reforms
will alter company functions. To repeat Gremillion’s sentiments
- in order to tackle the obstacles prohibiting progress, industry
leaders must do exactly what the title suggests: lead. u MB
Editor’s Note: C3 does not officially hold a political stance on immigration issues. Their inclusion in this article is
strictly based on their expertise in workforce development.

June / July 2015   BuildHoustonOnline.com

23

ABC Awards Five Scholarships to Candidates
Pursuing Construction Management

Associated Builders & Contractors
(ABC) of Greater Houston awarded
five candidates scholarships totalling
$15,000.

T

Students, in front of a blank page, had the opportunity to write
why they were entering the construction field with a chance of
receiving a scholarship. Those students with the best essays and
applications were awarded scholarships: ABC congratulates the
following scholarship recipients.
•

Michael Moore Memorial Scholarship - $2,000
o Ericka Reubin, Sam Houston State University

•

ABC Greater Houston Scholarship - $2,000
o Michael Newman, University of Houston

24

ABC Greater Houston Scholarship - $2,000
o Diego Barragan, University of Houston

•

Phil Coplen Memorial Scholarship - $3,000
o Alejandro Jaimes, University of Houston

he selections of the recipients for ABC’s 2015 Scholarship
awards were made by ABC Young Professional Committee
members. The scholarships are paid for by ABC membership
events; members and staff fundraise during these events for
the ability to offer funds to support their career decisions. The
criteria included a minimum number of credit hours completed,
two reference letters, and a degree plan among other standards.
Perhaps one that became most time consuming was the required
essay.

 

•

BuildHoustonOnline.com June / July 2015

•

Bill Brown Memorial Scholarship - $3,000
o German Martinez, University of Houston

•

Jim Gaudet Memorial Scholarship - $3,000
o Curtis Lucas, University of Houston

ABC Greater Houston would like to congratulate all of the recipients
for their dedication and effort they took to receive this honor. They
would also like to thank the ABC Young Professionals Committee
for their work selecting the students with the deserving merit.
Committee members include:
•

Robert Pack, Watts Pools

•

Christian Staples, KBR Building Group

•

Randy Wakefield, Marek Brothers Systems

•

Michael Losoya, Teal Construction

•

Griffin Taylor, Rollcon, LLC

•

Dan Currie, Leasing Associates

In The Know
PEOPLE ON THE MOVE
Members of the American Subcontractors
Association elected Letitia “Tish” Haley
Barker to serve as the 2015-16 ASA
president. Barker is president of the
Dallas-based company, Haley-Greer Inc.,
one of the largest curtain wall contractors
in the United States.
Barker
Hoar Construction welcomes Justin Brodnax as Preconstruction
Manager at Hoar Construction, Justin is responsible for
coordination of design management, estimating, scheduling,
and document reviews during the preconstruction
process. He maintains close interaction with design
teams, and Hoar project management team to give input
on material and systems selections and conducts value
engineering exercises. Justin insures smooth transition
from preconstruction to construction. Justin is currently
working on Abilene Christian University Science
and Sports projects. Hoar Construction also
welcomes Walton Rader as Senior Project
Manager. Walton oversees confirmation of
project scope, prepares bid packages, holds
construction conferences, evaluates bids,
and makes recommendations for award of
subcontracts and purchase orders. He also
oversees cost analysis, cost projections and
reporting, preparation of monthly applications
for payment, analysis and preparation of change order requests.
He also contributes support for the on-site superintendent and
his field superintendents to ensure the project is on time and
within budget. Walton is currently working One Lake’s Edge in the
Woodlands.

PROJECT NEWS
With the $7 million renovation of Texas A&M University’s
Francis Hall recently completed by Satterfield & Pontikes
Construction (S&P) on the College Station campus, Construction
Science students now have a new academic home. The revitalized
three-story building is the new home for the university’s
Construction Science Department’s 900 students and 30
faculty members and also is the first standalone facility in Texas
dedicated to construction education. Constructed in 1918, Francis
Hall is one of the university’s oldest structures. The building has
“historic core” designation and is listed as a “heritage building.” The
32,500-square-foot project followed strict construction guidelines
and procedures for historic treatment.
KBR, Inc. recently announced it has been awarded a nearshore floating LNG Front End Engineering Design (FEED)
contract by Lloyds Energy Ltd. Under this contract, KBR will
provide integrated topsides and hull engineering design
services for a nominal 2.5 million TPA floating natural
gas liquefaction plant (FLNG). Start-up of the project
facilities is expected to take place in 2019. All LNG
processing facilities, together with the associated
utilities and power generation, will be located
on the FLNG barges, which will be moored at
the end of a new single jetty, about 3.5km in
length. LNG storage will be in the barge hulls
and loading will be via a separate LNG carrier
berth at the end of the jetty.
COMPANY NEWS
Trench Plate® Rental Co. (TPR) has acquired the assets and
operations of Efficiency Shoring & Supply (ESS), a multi-state
provider of trench safety equipment rentals and sales with
locations in Dallas and Houston, Texas; Joliet (Chicago), Illinois;
and Tampa, Orlando, and Miami / Ft. Lauderdale, Florida. ESS was

Century Elevators Inc. is excited to announce that Barney Hanna
has joined the team as the GEDA Products Manager to pioneer a
new division for Century Elevators with a general focus on scaffold
related lifting products. Barney comes to Century Elevators with
nearly 35 years of sales experience specifically in dealer and
distributor development. Prior to joining Century Elevators, he
held various roles at Upright Scaffold USA, LLC, American Platform
& Scaffolding and Power Climber. Barney has worked in the
Construction Access Industry for over 20 years, and is a member
of the Board of Directors of SAIA. He is also a founding member
of the ANSI A92.10 and A92.9 Standard Development Committees
and a graduate of University of Maryland, College Park with a BA in
Business Administration.

June / July 2015   BuildHoustonOnline.com

25

founded in 2009 by Efficiency Production, Inc. (EPI), one of the
country’s leading designers and manufacturers of trench safety
equipment based in Mason, MI. As part of the acquisition, the TPRESS locations will continue to provide factory-direct sales of EPI’s
extensive and highly-regarded trench safety equipment product
line.
SPECIAL AWARDS & RECOGNITION
American Subcontractors Association presented its prestigious
Excellence in Ethics Awards to Haley-Greer, Inc., Houston/Dallas,
Texas, and 12 other subcontractors for achieving the highest
standards of internal and external integrity for a subcontracting
firm.
Associated Builders and Contractors (ABC) presented Pyramid
awards to Hoar Construction for the firm’s work on the M2
Apartments (Residential: Multi-Family and Condominium
category), the Abroms Engel Institute for the Visual Arts
(Institutional category) and NEA Baptist Memorial Hospital and
Clinic (Mega Projects category). The three awards were presented
at the 25th annual Excellence in Construction Awards celebration
in Ft. Lauderdale on March 5, 2015. ABC’s National Excellence
in Construction program is the premier competition
within the construction industry that recognizes
outstanding construction projects across the
nation.

Rader

 

26

Chambers USA recently announced that four
Coats Rose Directors Thomas R. Barber,
Patrick E. Gaas, Clyde H. Jacob, III and
Walter W. Christy are recognized as
Leaders in their Fields in the 2015
Chambers & Partners USA Guide.
Coats Rose was once again recognized
as a leader in both Construction law
in Texas and Labor and Employment
law in Louisiana. Chambers USA is
independently researched and widely
considered to be the most reputable law
firm directory in the world.

BuildHoustonOnline.com June / July 2015

Houston-based NCI Building Systems was recently recognized
as one of Forbes Magazine’s 2015 “100 Most Trustworthy
Companies in America”. The list, divided into Large, Mid and
Small capitalization categories, ranked NCI as number 14 out of
44 companies in the Mid-Cap category with a score of 91 out of
100. Leading investment advisor GMI Ratings worked with Forbes
to create the prestigious list after reviewing the demonstrated
transparent accounting practices and solid corporate governance
of more than 5,500 publicly-traded companies throughout the
U.S.
Oxford Builders Inc. President William P. Sanchez won a
scholarship from Goldman Sachs 10,000 Small Businesses and
has just graduated from Goldman Sachs 10,000 Small Businesses
Cohort 12 at Houston Community College. u

Sanchez

WWW.CHANNELTERMINALS.COM

Houston Business Roundtable
Winner for Outstanding Safety
Performance in the Category of
Commercial Public Works
5207 ASHBROOK • HOUSTON, TX 77081
PH: 713-664-7000 • FAX 713-664-0100

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June / July 2015   BuildHoustonOnline.com

27

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