Published: October 30, 2009 10:36 am      

Commissioners unhappy with union

In the past month many taxpayers have contacted us and inquired as to why we are allowing representatives of the International Union of Operating Engineers Local 150 to establish picket sites so close to the Six Span Bridge project. The shortest and simplest answer is we have not authorized the Local 150 union to picket where they have chosen to locate.

On July 7, 2008 the county passed Ordinance 2008-230 titled “An Ordinance Regulating Right of Way Activities and Establishing Maximum Speed Limits at Worksites in Elkhart County, Indiana.” This ordinance restricts certain activities from occurring within a worksite. The premise for such restrictions is quite simply safety; safety of our employees, safety of construction workers and safety of the motoring public traveling through the worksite.

On Sept. 24, 2009, Local 150 filed a complaint in federal court seeking damages from the county and injunctive relief to prohibit Elkhart county from enforcing Ordinance 2008-230. In addition to the complaint, Local 150 filed an emergency motion for a temporary restraining order. The federal judge assigned to the case did not issue a temporary restraining order against the county, but instructed the parties to meet to see if we could work out a compromise. On Sept. 30 county representatives met with Local 150 representatives and attempted to work out a compromise. At that meeting the county was willing to consider picketing sites within the worksite boundaries on the condition that the determination as to what constituted a safe location would be made by the county. The very next day, before an agreement could be established in writing, Local 150 established two picket locations, both within the established worksite, and parked their cars within the right of way of C.R. 17 adjacent to construction on the bridge.

Later, our construction manager spoke with a representative of Local 150 at the location of their picket site near Sunset Boulevard. Our manger’s concern was that construction activity the following week would be occurring on the south side of the bridge near Sunset and requested that Local 150 relocate their picket site to the north side of the bridge at one of two locations we had identified in previous discussions. The union representative declined and indicated he did not agree with our construction manager. Local 150 picketers would not move as they did not feel they were interfering with construction or posing a safety hazard by remaining at the Sunset location.

We appear to have a situation where the union believes it will dictate safety rules for a local bridge project. As county commissioners we have a different perspective. Not only do we feel the county has a right to regulate what may occur in our near a worksite, we feel we have an obligation to have such rules in place to ensure all parties can carry out their functions safely. In our view, having additional people, distractions and activities which are not needed for the project in the worksite and in proximity to construction activities and heavy equipment is not conducive to a safe traveling or work environment.

To those individuals who have suggested we are selectively enforcing Ordinance 2008-230 against Local 150, we note the motoring public has filed several complaints about fund-raising organizations gathering at the intersection of C.R. 17 and Ind. 120 and attempting to solicit donations. Each time we have received such a complaint a sheriff’s deputy has been dispatched to the intersection and requested the individuals depart, as the intersection is within the defined worksite for the Six Span Bridge project. To their credit, those involved in the fund-raising activities have left when so requested. Whether it is the union, fund-raisers or merely individuals curious about construction, enforcement of the ordinance has not been selective.

— Terry Rodino

Mike Yoder

Frank Lucchese

Elkhart County Commissioners