Operating Engineers Local 49 2829 Anthony Lane South Minneapolis, MN 55418 (612) 788-­‐9441 AGC of Minnesota 525 Park Street #110 St. Paul, MN 55103 (651) 632-­‐8929 Attention Contractors, As part of the negotiations that took place this spring between AGC of Minnesota and the International Union of Operating Engineers Local 49, the parties agreed to craft and send this notice. It has been jointly issued by the AGC and I.U.O.E. Local 49 to address the matter of Laborers operating equipment which is covered in both Unions Highway/Heavy Collective Bargaining Agreements with the AGC. In I.U.O.E. Local 49’s Highway, Railroad and Heavy construction agreement with the AGC, it is a violation of Schedule 5: “Manning by Operators” of the above-­‐mentioned if a contractor directs or allows a laborer to operate any piece of equipment listed in Schedule 2 of the agreement. In particular, contractors are reminded that while the Highway collective bargaining agreement with the Laborer’s Union covers “incidental use” of forklifts and skid steers, this does not negate the Schedule 5 article in Local 49’s Highway Heavy agreement. Operation of the forklift/skid steer is Operating Engineers’ work, except for incidental use as permitted in the Laborers agreement. In this context, “incidental” means “occurring merely by chance or without intention or calculation.” Deliberately assigning work on forklifts and skid steers to members of the laborers union frequently or for extended periods of time such that the activity cannot reasonably be construed as “incidental” is a violation of the agreement with Local 49. Contractor’s signatory to the Highway Heavy agreement with I.U.O.E. Local 49 should be aware that it is not acceptable to circumvent the agreement by assigning equipment covered by the Local 49 agreement to anyone other than an operating engineer, and this will be considered a direct violation of the agreement. Please feel free to contact one of our offices, above, if you have any questions.