BISON TOWARD EQUAL OPPORTUNITY IN THE CONSTRUCTION INDUSTRY A REPORT OF THE RHODE ISLAND STATE ADVISORY COMMITTEE -To THE U.S. COMMISSION ON CIVIL RIGHTS APRIL 1970 RHODE ISLAND STATE ADVISORY COMMITTEE TO THE UNITED STATES COMMISSION ON CIVIL RIGHTS Rev. Raymond E. Gibson CHAIRMAN Providence Frederick C. Williamson VICE CHAIRMAN Providence Charles F. Cottam SECRETARY Providence Dillard Boone II Mrs. Lillian McDaniel Providence Providence Rev. Herbert Edwards Mrs. Velma Monteiro Providence Providence Stanley Grossman Mrs. Tiajuana E. Mosby Providence Providence Mrs. Ann D. Hill Hercules Porter Providence Providence Joseph Kruse Mrs. Nelson B. Record Providence Johnston Mrs. Marshall Leeds Rev. Henry Shelton Providence Providence Mrs. Henry Wise Quonset Point PREFACE The United States Commission on Civil Rights The United States Commission on Civil Rights is an independent agency of the executive branch of the Federal Government created by the Civil Rights Act of 1957. By the terms of that act, as amended by the Civil Rights Acts of 1960 and 1964, the Commission is charged with the following duties: investigation of individual discriminatory denials of the right to vote; study of legal developments with respect to denials of the equal protection of the law; appraisal of the laws and policies of the United States with respect to denials of equal pro tection of the law; maintenance of a national clearinghouse for information respecting denials of the equal protection of the law; and investigation of patterns or practices of fraud or discrmination in the conduct of Federal elections. The Commission is also required to submit reports to the President and the Congress at such times as the Commission, the Congress, or the President shall deem desirable. The State Advisory Committees An Advisory Committee to the United States Commission on Civil Rights has been established in each of the 50 States and the District of Columbia pursuant to section 105(c) of the Civil Rights Act of 1957 as amended. The Committees are made up of knowledgeable persons who serve without compensation. Their functions under their mandate from the Commission are to: advise the Commission of all relevant infor mation concerning their respective States on matters within the jurisdiction of the Commission; advise the Commission upon matters of mutual concern in the preparation of reports of the Commission to the President and the Congress; receive reports, suggestions, and recommendations from individuals, public and private organizations, and public officials upon matters pertinent to inquiries conducted by the State Committee; initiate and forward advice and recommendations to the Commission in matters in which the Commission shall request the assistance of the State Committee; and attend, as observers, any open hearing or conference which the Commission may hold within the State. This report was submitted to the U.S. Commission on Civil Rights by the Rhode Island State Advisory Committee. The conclusions and recommendations contained herein are based upon the Advisory Committee's evaluation of information received at an open meeting in Providence on March 6-7, 1970, and on staff and Committee investigations preparatory thereto. This report has been received by the Commission and will be considered by it in making its reports and recommendations to the President, the Congress,and Federal Departments and Agencies. I I. INTRODUCTION On March 6 and 7, 1970, the Rhode Island State Advisory Committee to the Commission on Civil Rights held a public meeting in Providence on equal opportunity in the construction industry. The meeting was the culmination of several months of work by the Committee and its staff to obtain all available facts on the construction industry in Providence as they relate to equal opportunity and compliance with Federal nondiscrimination requirements. In his opening statement, the Chairman of the Rhode Island State Advisory Committee stated three basic purposes of the inquiry: To acquire information as to the extent to which minority groups in Rhode Island participate in the construction industry, particularly in federally assisted construction; To acquire information about recommendations for changes which might bring more minority workers into th~ construction industry; and To show how Federal, State and local and private groups in this community and elsewhere are working in an affirmative way to bring more minority persons into employment, both skilled and unskilled, in the construction industry. During the 2-day session the Committee received information from approximately 45 individuals. A complete transcript of the approximately 11 hours of testimony is available on a loan basis from the Chairman of the Committee. A profile of the problem of achieving equal opportunity in the construction industry, as well as summary data on federally assisted construction and the nonwhite population, was stated in a Staff Report to the Committee, which was the first testimony received. (See Appendix A) It stated, in part: ** That there are some 54 present or projected federally assisted construction contracts in the Providence area for a total of $157,000,000 and additionally there are millions of dollars more in State assisted, locally assisted, and purely private construction ventures. ** That all federally assisted construction contracts contain the provisions of Federal Executive Order 11246 of September 24, 1965 which requires nondiscrimination and affirmative action by contractors and subcontractors to employ minority group persons. ** That while nonwhites make up approximately 10 percent of the population of Providence in 1970, they account for less than 1 percent (0.75) of the membership of construction craft unions in this area. During the 2-day session, the Committee learned a great deal about the problem of achieving equal opportunity in the construction industry. It has filed its report, with recommendations, and a transcript of the proceedings, with the Commission on Civil Rights in Washington, D.C. It is making both documents public in the hope that they will contribute positively to the dialogue on the subject and that they will aid 3 materially in shaping a solution in Rhode Island which will make equal opportunity more than the words of an Executive order, but a fact of life for every citizen of this State. 4 II. SPONSORS The Committee received information from representatives of seven sponsors of federally assisted construction, and a representative of the department of administration of the State of Rhode Island. Appendix B contains data on present and projected construction projects of these sponsors. The institutions represented were: Brown University Providence College Rhode Island College Rhode Island Hospital Rhode Island Junior College Roger Williams College University of Rhode Island The depa~tment of administration of the State of Rhode Island is responsible for the construction contracts for State colleges and universities, as well as the projects of various State agencies. It was estimated that the department is currently administering approximately $50 million in construction contracts (of which some funds are from Federal sources). As noted below, under the section on State and local government, there is no operative State contract compliance program requiring affirmative action to include minority groups on such construction projects. Where Federal funds are involved, the provisions of Executive Order 11246 are applicable. However, according to information presented to the Committee, while the department of administration does discuss nondiscrimination with contractors and monitors such contracts, there do not appear to be any effective affirmative requirements for State assisted contracts. For instance, the department of administration does not require a written affirmative action program from contractors doing business with the State. For the most part, the sponsors represented at the meeting acknowledged that more need;ed to be done and more effective means should be found to increase minority participation in the construction industry. Some of the sponsors seem to be doing very little other than fulfilling the paper requirements of Executive Order 11246 --i.e. posting the order on the construction shack and waiting for complaints. On the other hand, Rhode Island Hospital and the Gilbane Construction Company have produced a Memorandum of Understanding which requires that the contractor produce a written affirmative action plan for himself and for his subcontractors which includes specific numerical goals and timetables for the utilization of minority workers. As part of the agreement, the contractor agrees to employ and train "qualifiable" workers. Several sponsors reported that discussions with contractors indicated that the lack of a sufficient number of trained minority group craftsmen and, more particularly, the lack of minority group members in craft unions constituted the major problem in increasing black participation on their jobs. Several sponsors suggested that the problem could be solved only by sponsors working together in some overall plan which would involve them, the contractor~ and the unions. One representative said: •••we feel that we can't do this without working closely with others, particularly the group that is represented here, which is essentially our peer group of constructors .•• so that we can all agree, perhaps in a common way, on what the best approach to the problem is, in such a way that whoever is bidding on a job from any one of us knows that he will encounter essentially the same posture..• I feel very strongly that we would run into considerable difficulty if we were so far out that the contractor just chose not to bid on our job because it would present him with too many problems ..•he'd rather bid on someone else's job where the problems might be more according to what we might call the government boiler plate standard procedure..•• It was reported that there have been some meetings of sponsors to consider a unified approach to the problem. Sunnnary: The sponsors demonstrated their awareness of the problem; they varied considerably in what they were doing about the problem; they acknowledged, for the most part, that the results they have obtained are less than satisfactory; and they are considering coming together to develop an overall plan for increasing minority participation on their projects. 7 III. GENERAL CONTRACTORS Representatives of five general contractors presented information to the Committee. One of these also served as the representative of the Rhode Island Chapter of Associated General Contractors of America. Appendix C contains data on the labor force, by race and craft, for these contractors. The companies represented were: Ahlborg and Son Dimeo Construction Company Gilbane Building Company J.L. Marshall and Sons E. Turgeon Construction Company Each of the contractors presented data on its present work force for both federally assisted and privately financed construction projects. While there were great variations in the numbers of minority group workers employed by various contractors and on various jobs, none had a record which could be rated satisfactory. Secondly, with two exceptions, (operating engineers and cement finishers) all of the minority group workers were in the carpenter or laborer classifications. According to information presented by contractor representatives, the Federal contract compliance program has had little impact on their operations, except that they all maintain "paper compliance11 with Executive Order 11246. One contractor described his relationship with Federal compliance officials as follows: We have to get down to New York••. and have an hour or an hour and a half sessions ...with the HUD representatives. They give us posters, booklets and pamphlets and we have to post them on the job site in a visible area so everyone can read it. I would say that's about all we did. Another contractor representative responded in a similar vein, stating: We have gone down to New York fo! a general discussion, rather than a setting of rules and regulations, and they sort of told us what they are looking for and we told them what we can do; and we've gotten posters and general paraphernalia and brought it back. •.• their requirements aren't that rigid. They just say try and do all you can, as far as I can get it. Apparently, the Department of Health, Education, and Welfare (HEW), whose regional office for Rhode Island is located in Boston, has not even carried out the perfunctory steps attributed to the Department of Housing and Urban Development (HUD). No testimony was received from road building contractors who are the recipients of some $22,000,000 of Department of Transportation (DOT) funds in Rhode Island. Finally, another contractor summarized the Federal Contract Compliance program in this way: •••paper compliance --yes, that's what happened over the last 5 years, as we have all illustrated here. You get your' initial lecture from the Federal compliance people, you paste a set of posters on the shacks and that's been pretty much it. With respect to themanpower needs of the construction industry, the contractors agreed that during the peak seasons, spring, summer, and fall, there was a serious shortage of trained craftsmen in the industry. At least one contractor saw a necessity for increasing minority partici pation in the industry as enlightened self-interest. He said: (') 9 •••we have a vested interest•••we have already discussed the manpower shortage here in Rhode Island••• and here we have an untapped segment of our society which is not available to service our projects, so we feel that it is in our interest to get people trained and to get them into the business. On the matter of training, the contractors agreed that training programs were desirable but expressed concern over who was going to pay for them. One contractor suggested that the Labor Department's job training program, which is administered by the National Alliance of Businessmen (now called "Jobs 70") could and should be used in the construction industry, as it has been used in the manufacturing industry, to finance some of the training. While several of the sponsors had indicated that contractors had told them that the unions presented the major barrier to the employment of more minority group workers, the contractors refused to blame the unions. (One contractor, however, did indicate that the figures on minority membership in craft unions spoke for themselves.) Similarly none of the contractors could remember an incident of discrimination against a minority group ·worker on their job sites. Even though they had stated earlier that the Federal Government's contract compliance program was meaningless, the contractors generally expressed disfavor with the Labor Department's newest compliance program, known as the Philadelphia Plan. They all, however, expressed a willingness to support and participate in a community plan, with specific goals for minor~ty utilization, with a training program and with participation from the \ \ 10 minority community in the administration of such a plan. One contractor said: I think one of the problems here is communica tion. That's why I am personally very much in favor of a community plan••.• ••• it can't be done on a job-by-job basis, the business is too fragmented. We have got to try and pull these various interests together and work for some kind of a unified plan that would permit more influx of young blacks into the construction business. As will be noted below, as of the time of the open meeting the black community had not beeninvolved in the discussions between the unions and the contractors on a plan for Rhode Island or Providence. One contractor thought that the participation of the black community in the development of a plan was essential to its success. He said: "If the black community were involved in developing a plan which the AGC (Associated General Contractors) and the unions were to agree to and carry out, then I think you 1 d see a tremendous change in attitude l;f the black community/. 11 Summary: The contractors' actual record in employing blacks is deplorably inadequate; the Federal contract compliance program is totally ineffectual; at least one contractor is developing a new and promising affirmative action program (the Gilbane-Rhode Island Hospital Memorandum of Understanding, referred to in the previous section); all contractors recognize the need to increase the number of trained craftsmen available to the industry; and all contractors were in favor of the development of a state or community plan with specific I/ f goals, a training program,and minority participation in its administration. \. \ '· 12 IV. HOME BUILDERS The executive director of the Home Builders Association of Rhode Island, one of the larger home builders and a sponsor of an apartment development, presented information to the Committee on this aspect of the construction industry. It was pointed out that most home builders are relatively small operators, who function with a limited labor force. They are engaged in residential construction, some apartment building, and some remodeling. It was estimated that 75 percent of such construction in the State was undertaken by members of the Home Builders Association. The executive director said his statewide trade association was composed of 50 builders and a number of subcontractors, suppliers, banks, utilities, engineers, and architects. He commented: nearly all of our builders and subcontractors members operate nonunion. These two groups number abou~ 250 companies with an estimated 3,000 employees, nearly all-white. It was stressed that when adequate mortgage money is available, the industry suffers from an acute shortage of trained manpower. The executive indicated that its members were seriously interested in proposals to deal with the labor shortage --"anything that would increase the supply of workers, we would welcome." The association had made some attempts in the past to establish training programs. At present it is sponsoring programs in two suburban high schools whereby students actually build a house while being trained. It was pointed out that both of these programs are all-white. The association's representative said that they would be interested in 13 discussing such a program with a city high school where minority group students could be involved. In 1965, the Home Builders Association attempted to launch a training program for the industry under the Federal Manpower Development and Training Act (MDTA). The program was killed by a local committee which had the responsibility for approving such programs. When asked why the program had not been approved, the association's executive replied: They have a committee which passes on the approval of these Federal contracts /MnTAf and it is represented by L-;;-onsists of/ a -cross section /~f7 industry and labor. And there was a lot of opposition to our proposal, because we were nonunion. So, you draw your own conclusions on that one. The association's spokesman indicated, however, that it would be willing to consider another effort to get a training program funded under MDTA, or to work with local minority groups organizations on a plan to screen, train, and place black workers in the industry. But he stressed that because the members of the association were relatively small businesses: ''We can1 t do it alone." In a Committee discussion of the apprenticeship program with the association's spokesman, he acknowledged that since times had changed, and the industry had changed, there was need for a new approach to training workers. The 4-year apprenticeship program leads to a skilled craftsman, he said, but this level of skill is not needed by all workers and certainly should not be required for initial entry into the field. He suggested a program whereby training would be provided to enable a man to be productive in terms of the average job requirements. He would then make it possible for the worker to obtain additional training, on a flexible timetable, which would permit him to become a master craftsman, when and if he chose. The association had not in the past, nor does it have underway, any program to bring minority group workers into the industry. The official indicated, moreover, that his industry was a "port of entry" into commercial construction and union membership, where the wage rate is higher. The home builder and the association's representative were told of the discussions in progress to produce a plan which would increase minority participation in the construction industry. When asked whether the association would be willing to participate in the development of a community plan, both replied in the affirmative. The association's executive said: "An unqualified yes, absolutely." Summary: The home building industry is an important, but often overlooked,resource for jobs and training for minority group workers; the industry has done nothing to increase minority participation in its work force, but now expresses willingness to consider proposals; it serves as one of several "ports of entry" to commercial construction and union membership for whites; past efforts by the industry to use Federal programs to train workers (which probably would have included minority group workers) have been thwarted; and it is now interested in entertaining proposals for training programs and in participating in the development of a community plan to bring more minority group workers into the construction field. 16 V. UNIONS Representatives of 11 craft unions in the building trades attended the meeting and presented information to the Committee. One of these was the secretary-treasurer of the Building Trades Council, AFL-CIO. Appendix D contains data on union membership by race, as well as other information. The unions participating in the meetings were: Bricklayers Union, Local No. 1 Brotherhood of Carpenters and Joiners, District Council International Association of Sheet Metal Workers, Local No. 17 International Association of Bridge, Structural and Ornamental Iron Workers, Local No. 37 International Brotherhood of Electrical Workers, Local No. 99 International Union of Operating Engineers, Local No. 57 Brotherhood of Painters, Decorators and Paperhangers of America, Local 195 Plasterers and Cement Masons Union, Local No. 40 Plumbers and Apprentices Union, Local No. 28 Roo~ers Union, Local No. 169 Steamfitters and Apprentices Union, Local No. 476 Several other unions, which are members of the Building Trades Council, were not invited to the meeting because of time limitations. They include the Asbestos Workers Union, the Glaziers Unions, the Lathers Union, the Sign Painters Union, and the Tile and Marble Wor~rs Union. The invita tion to the Laborers International Union was misdirected. The data presented in the Appendix reveal that 0.75 percent of the membership of the craft unions covered in the Staff Report (which included unions not invited to the public meeting) are minority group members. According to information presented by the Committee's staff, approximately 12 percent of the Laborers' Union are members of minority groups. The figures speak for themselves --there is a disproportionate number of blacks who work as laborers and blacks are grossly underrepresented in the craft unions. In response to the question as to why so few blacks are in craft unions, most union representatives said: "They don't come around, they don't apply." Several representatives indicated that they had contacted black organizations such as Concentrated Employment Program, Opportunities Industrialization Center and the Urban League in an effort to obtain applicants for apprenticeship programs but had usually found the response disappointing. Time did not permit the Committee to explore the many institutional factors which relate to the relative absence of minority group members in construction craft unions in Rhode Island and throughout the country. It may be appropriate to quote here from a statement made 9 months earlier at an open meeting on the same subject sponsored by the Massachusetts State Advisory Committee to the U.S. Commission on Civil Rights. Herbert Hill, nationally recognized expert on the subject, labor secretary of the National Association for the Advancement of Colored People, told that Committee: Even before the emancipation, black people were the basic construction industry labor force. Black workers built the great plantation houses throughout the South. Black artisans did the much admired iron work in New Orleans, in Natchez, in Savannah, and elsewhere. Free black men helped build the architectural masterpieces that still stand in Salem, Boston, and throughout New England. It was not until the rise of the building trades unions during the last decades of the 19th century and the emergenc~ of their power, which was used to redesignate these jobs from 'nigger work' to 'white man's work', that black people were forced out of the skilled trades in the construction industry. Professor Vernon M. Briggs, author and student of the American labor movement, and associate professor of economics at the University of Texas, told the same Committee: In general the history of the American labor movement, without reviewing that in detail, has been a non-ideological movement, not politically oriented, in the sense that it accepted a rather short-run economic view of its role. It has tended to accept the values of our society, both the good and the bad in toto. Consequently, it is not surprising that the labor movement in general has had a history of discrimination in its institutions as have many other institutions of our society. Under questioning, for the most part, neither the union representatives, nor the contractors' representatives at the Providence meeting would admit that past discrimination in the industry was a factor in explaining the present lack of minority participation and the lack of minority applicants, as apprentices or as journeymen, in the industry. The Committee questioned union representatives on the necessity for the relatively high requirements for entrance into apprenticeship programs. For instance, most programs require high school graduation or equivalency, a passing score on the General Aptitude Test Battery (GATB), plus other purely subjective factors, for admission to apprenticeship programs. In addition, most programs require that the apprentice be indentured for 4-years before attaining journeyman status --there are a few 3-year and 5-year programs. Union representatives resisted any suggestion that requirements could be lowered or the time period shortened. They pointed out that the requirements, in some cases, were part of their international union's regulations. They also pointed out that the higher requirements for entrance to apprenticeship programs were largely the work of a Federal agency the Bureau of Apprenticeship and Training of the Department of Labor. Committee members questioned how many existing members of craft unions had entered through apprenticeship programs --there were many questions related to other "ports of entry". Most union representatives stated that 50 to 75 percent of their present members came through "an apprenticeship program." Yet Professor Briggs told the Massachusetts Committee, and a representative of the vocational education division of the State department of education told the Rhode Island Committee, that nationally 90 percent of existing craft union members did not enter their unions through an apprenticeship program similar to those operative today. The discrepancy between these statements and those of union representatives lies in the 20 definition of "apprenticeship program." While many more than 10 percent of existing craft union members went through "an apprenticeship program," apparently relatively few of them went through a program which carried the entrance requirements and selection procedures which exist today. Some craft unions, such as the roofers and the operating engineers, do not have apprenticeship programs. Most other craft unions, until relatively recently, employed a "helper system" or less formal apprenticeship system through which the worker learned the craft through on-the-job training. Committee members asked why a system which had qualified so many white workers could not be used to qualify black workers. The Committee members discussed with union representatives the' relative merits of a Philadelphia-type plan and the community-type plans which have been negotiated recently in Chicago, Pittsburgh,and other cities. George Meany, President of the AFL-CIO, in a statement released on January 15, 1970, said the Chicago plan is "substantially in line" with both the established policy of the AFL-CIO Building and Construction Trades Department and the "continuing policy of the AFL-CIO." In a letter to Building Trades Department President, Cornelius J. Haggerty, Mr. Meany said of the Chicago Plan: Its most important attribute, it seems to me, is that this multi-employer, area-wide agreement is truly a hometown product, developed by men aware of t4e problems, needs and practicalities of this area. It is an achievable program, that rests four-square on mutual trust. As such, it is vastly superior to any government-imposed quota system--which is, of course, artificial and discriminatory. 21 The local union men agreed unanimously with their national president they opposed the Philadelphia Plan and expressed their support of a community plan. The secretary-treasurer of the local building trades council reported that the unions had submitted a draft of a community plan to the Governor's office for consideration. He reported that the plan called for pre-apprentices, apprentices, journeymen trainees Lthrough on-the-job trainin~/ and journeymen. On the matter of the failure of the unions to consult the minority community on the development of their draft, the following exchange took place: Question: Will it /-the draft_/ be submitted as the basis for real negotiation and discussion with the black community? Answer: I certainly hope so. This is a working paper. It is not a decree on our part saying that this is a final decision of ours. Certainly the black community and various agencies would then have to contribute thought and ideas to it, too. And we hope that we would compile it and make it one working paper. Sunnnary: Blacks are grossly underrepresented in craft unions, both as apprentices and as journeymen, in the Providence area; the unions attribute this situation simply to the fact that blacks do not apply; the Committee, on the other hand, blames the situation · on past discrimination and institu tional practices; unions representatives defended entrance requirements and selection procedures for apprenticeship programs while the Committee considered them unnecessarily high, restrictive, and often nonjob related; the unions opposed a Philadelphia-type Plart, but supported a community plan; and union officials agreed that their draft plan was a working paper, the basis for real negotiation with the black community on the development of a final plan. VI. APPRENTICESHIP AND TRAINING Under this broad heading the Committee heard from representatives of three State agencies: State Department of Education, Adult Trade and Industrial Division State Apprenticeship Council Department of Employment Secuii.ity The adult trade and industrial division of the State department of education sponsors two types of training programs --apprenticeship and upgrading. The former is for indentured apprentices and supplements the on-the-job training which such persons receive. The latter, which is similar to the former in content, is for nonindentured persons. The Committee was told that no racial data were kept on students, but based on "visual observation," the following "educated guess" could be made of minority group participation in the State: in the apprenticeship program, approximately 12 blacks out of a total of 624, or les8 than 1 percent; in the upgrading program, approximately 24 blacks out of a total of 1,500, or 1.6 percent. The figures indicated are for the total apprenticeship and upgrading programs: therefore, the numbers actually involved in the construction industry would be even smaller. It was reported that the State department of education has no responsibility for recruitment for the training described. Thus a possible source for training minority and majority groups construction workers to meet the shortage, which was reported by both general contractors and home builders, is not being used to its full potential. 24 The State apprenticeship council is an appointed body. It is composed of four representatives of labor, fouT representatives of management, and three ex-officio members --the director of the department of employment security, the director of labor, and the commissioner of education. Its purpose is to promote apprenticeship within the State and to set and administer minimum standards for apprenticeship programs. It works closely with a Federal agency which has a similar function the Bureau of Apprenticeship and Training of the U.S. Department of Labor (BAT). The Committee was told that the apprenticeship council is responsible for setting minimum standards only. In fact, the requirements of most building trades unions are established nationally by respective international unions, and presumably these standards meet the minimum requirements of the State agency. While most of the Committee questions to unions and contractors related to means by which standards: could be lowered and validated for job relatedness, the State apprenticeship council apparently is concerned only with minimum standards. The Committee was told that the council had just completed a review of apprenticeship standards to ensure compliance with BAT's regulations on nondiscrimination (Title 29, Part 30 of the Code of Federal Regulations), but, apparently, this review did not include an investigation of the possibility of lowering standards or the necessity for affirmative recruitment programs. The department of employment security occupies a key position with respect to training workers for the .construction industry but,according to testimony presented, apparently this agency funded 100 percent by the Federal Government, 25 defers training in the construction field to union apprenticeship programs ,except in a few cases where nonunion employers were involved. If the agency certifies a shortage for a particular craft, an institutional training program of up to 104 weeks can be initiated. Or it can certify the Department of a declaration of interest on the part of an employer to Labor and an OJT program can be initiated. As noted above, several years ago the Home Builders Association of Rhode Island attempted to initiate an on-the-job training program (OJT). The program was killed by a review committee even though the department of employment security acknowledged that a shortage of trained workers existed at the time. Clearly, the procedure which operates. in the nonconstruction field for training workers, does not seem to function effectively with respect to shortages in the construction industry. In short, the Committee was told by general contractors and home builders that a shortage of trained construction workers exists. It was told that any worker whom the contractor deems qualified after a trial period on the job, would be accepted into most unions after 7 days. It was further told that if DES certifies a shortage in a given skill, an institutional training course of up to 2 years could be established, or if the employer is interested, an OJT program could be initiated. Yet this route of referral to a job, acceptance certification of shortage, training program, into the union, has seldom been used (except in a few cases of nonunion employers) for the construction industry. 26 The local representative of the Bureau of Apprenticeship and Training (BAT) of the U.S. Department of Labor was invited to attend the meeting, but was not present. He cited a regulation of his agency Field Instruction 70-12, of September 26, 1969, which he interpreted as a prohibition against participating in such sessions. Summary: Few blacks participate in the training programs operated by the State department of education and, apparently, the department does very little to advertise and promote such programs in the black community. The State apprenticeship council, which approves standards for apprenticeship programs, has shown no interest in reducing unnecessarily high entrance requirements and purely subjective standards of programs. While the council has made a special effort to ensure that all apprenticeship programs are in paper compliance with 29 CFR 30 (Federal nondiscrimination requirements), it has done little to ensure that increasing numbers of blacks, in fact, enter the programs; it would appear that the department of employment security has not aggressively pursued the provision of training programs for the construction industry, even though it acknowledges that a shortage of trained workers exists. The Committee deplores the existence of a BAT regulati~n, or the interpretation of such regulation, which prevents a Federal employee who is intimately involved with apprentice ship training from participating in the meeting of a Federal committee on the subject of apprenticeship opportunities formembersof minority groups. 27 VII. STATE AND LOCAL GOVERNMENT The Committee heard representatives of the State of Rhode Island and the city of Providence. Represented were: The Governor's Office Rhode Island Commission for Human Rights Providence Human Relations Commission The representative of the Governor's office recounted the steps which have been taken by the Governor in an effort to reach agreement of all concerned on a community plan to increase black participation in the construction industry. He reported that the representative of the Associated General Contractors had produced a draft plan and the labor unions had produced another draft plan. He assured the Committee that the black community would be given an opportunity to comment on the drafts and to make suggestions for changes. It was reported earlier, by the representative of the department of administration of the State, that at present there is approximately $50 million in State-assisted construction contracts underway. The Committee asked if there were a State contract compliance program, which required affirmative action by contractors doing business with the State. The response from the State officials was negative. Rhode Island does have a fair employment practices law which is administered by the human rights agency. However, fair employment laws, which do not require affirmative action in employment, such as Rhode Island's have not been effective in dealing with the institutional practices which have developed in the construction industry. On this point, the representative of the State human rights agency said: We, like people across the country, find ourselves stymied by the subtleties of the exclusionary practices in the building trades. The building trades, like all other industry, should come under the Fair Employment Act, which we are empowered to enforce. We find it very difficult to infiltrate the building trades in terms of enforcing the Lletter of th~ law. It was reported that "the State does plan to be a signatory" to the community agreement, when it is reached. It was reported also that it is hoped that the plan will have a public review procedure built into it. However, members of the Committee asked how the plan would be enforced in the absence of a State law or Executive order requiring affirmative action. For instance, the Office of Federal Contract Compliance of the U.S. Department of Labor has suggested that participation in an areawide plan which meets the Federal guidelines for such plans, would be deem~d acceptable affirmative action on the part of contractors who are subject to Executive Order 11246. It is assumed that the reverse is true also, the nonparticipation in an approved plan, withdrawal from such plan, or failure to live up to the terms of such plan, would indicate unacceptable affirmative action and, therefore, noncompliance. The representative of the State human rights agency indicated that he hoped that his agency, or some other agency, would serve as overseer, or one of the overseers, to monitor the plan. He said: "I think it is important, imperative, that someone with enforcing powers be able to 29 monitor the program." Committee members questioned the State representatives on Executive Order 10, issued January 23, 1964 and known as the Code of Fair Practices. This order which contains 10 sections, requires nondiscrimination in State employment, in services rendered by State agencies, in job training programs and in several other areas. Section 3 of the order requires nondiscrimination in employment on State contracts and subcontracts. It should be noted that this order covers contracts for goods and services, as well as construction. The State officials representing the Governor's office and the State Commission for Human Rights appearing at the public meeting were not aware of the existence of Executive Order 10. Subsequent to the meeting it was determined that the order is extant. Clearly, since the representatives of the State were not aware of the order, it is not being implemented. A member of the Providence Human Relations Commission described Executive Order 6 of August 11, 1967 which, similar to Executive Order 11246 on the Federal level, requires all contractors who do business with the city to adopt a nondiscrimination policy and, more importantly, to adopt an affirmative action program. The letter of transmittal from the mayor directs the Providence Human Relations Commission to implement the order. It was reported that sometime ago the staff of the Commission did develop forms which were apparently to be used in prequalifying contractors who wish to bid on city contracts. However, these forms, or any other implementing activity, were not put into effect. Of the present status, the Commission member said: 30 To.my knowledge, we do not have any active program to increase the hiring of minority group persons in construction projects undertaken by the city or aided by the city. Thus, the city, unlike the State, does have a contract compliance program on paper, but it is not being enforced. The Commission member was asked what needed to be done. He replied: I believe that the city government, either through the mayor, or through the•..city council, should direct one of the agencies of city government to take control of this activity, supply them with enough staff to do it•••and give them the powers to monitor it and give somebody the powers to enforce it. The director of the model cities administration was invited to the session but did not attend. It was pointed out that this agency of city government is required to ensure that the provisions of Executive Order 11246 are complied with on all contracts that it lets. Furthermore, the Demonstration Cities and Metropolitan Development Act of 1966 requires "maximum opportunities for employing residents of the LModel Citie~/ area in all phases of the program and enlarged opportunities for working and training." (See below, under REMEDY, for a description of the Brooklyn, New York, Model Cities Plan for training minority group workers for the construction industry.) Summary: The Governor is ·currently attempting to get unions and contractors to agree to the basic elements of a community plan to increase minority group participation in the construction industry; while the black community has not participated in the sessions called by the Governor (as of the time of the open meetin~, the Committee was told that representatives of the black community would be involved before a final plan was agreed to; a State contract compliance order is in existence but there has been no implementation (indeed,the State administration was unaware of its existence); the city of Providence does have an Executive order requiring nondiscr.imination and affirmative action on city-assisted and the Committee construction, but the order is not being implemented; believes that the effectiveness of a community plan would be enhanced by legal requirements for affirmative action on the Federal, State, and city levels reinforced by vigorous implementation of such require ments. VIII. COMMUNITY ORGANIZATIONS Representatives of four local agencies or organizations that have been active in trying to increase minority participation in the construction industry presented information to the Committee. They were: Black Coalition on the Building Trades Concentrated Employment Program (CEP) Interfaith Action for Job Equality Urban League of Rhode Island Interfaith Action for Job Equality is a relatively new organization which seeks to work with the religious community. In effect, it seeks to foster a private contract compliance program for the religious community. It seeks to enlist the cooperation of churches and synagogues in an effort "to translate their moral concern of equal opportunity into an affirmative action program." While the agency is particularly interested in the construction industry, it has not been in existence long enough to produce a record which would be helpful to the Committee's efforts. The Urban League of Rhode Island, on the other hand, is one of the oldest Providence agencies working for equal opportunity in employment. Its executive director reported that, over the years, the agency had had frequent contact with contractors and unions and had referred black citizens for employment in the construction industry. In response to a question from the Committee, it was reported that the Urban League had made approximately 125 referrals to unions and contractors (the time interval was not specified). 33 The Concentrated Employment Program (CEP) is an agency of Progress for Providence and, under recent Federal guidelines, reports as well to the department of employment security. Its funds come primarily from the U.S. Department of Labor. The CEP officials reported primarily on a new preapprentice program which has recently been funded for $189,000 to train 60 enrollees in a year. This program, which is "recognized by the Building Trades Council" would train two groups of 30 enrollees for a 6-month period each in five crafts bricklaying, carpentry, electricity, painting, and plumbing. The program is titled the model cities skills training program, and presumably will concentrate on residents of the model cities area between the ages of 18 and 25. In earlier testimony, the secretary-treasurer of the Building Trades Council had referred to this program as part of labor's plan for increasing minority participation in the construction industry. The Committee raised a number of questions concerning the program. In the first instance, its members questioned the necessity for skill training (which is to be provided in the program), since white first year apprentices are not required to have such training before entering apprenticeship programs. They questioned the CEP officials, as they had questioned the union representatives earlier, as to why the unions had not given a commitment to accept as apprentices all enrollees who successfully complete the program. Apparently, graduates of the program will be referred to unions where they will be placed on waiting lists for openings. For the five crafts concerned, over the last 4 to 5 years, the unions accepted an 34 average of only 58 total apprentices per year. Yet this program proposes to train 60 black apprentice applicants a year who must take their chances among white applicants for the limited openings. For instance, for the current year, the carpenters now have some 200 applicants for what has averaged out to 17 to 18 new apprentice positions per year. Finally, assuming the CEP program gets underway shortly, the first group of 30 to complete the program will have to wait approximately 6 months to find out if they have been accepted or not. (Apprentices are accepted once a year, normally in the spring). Clearly, Committee members had serious reservations about the extent to which this program, which at a cost exceeding $3,000 per enrollee, can produce a sufficient number of black apprentices. Programs in Boston, New York, Newar~ and elsewhere, with the same goals, have merely concentrated on preparing black youths to pass the tests and oral interviews required by unions. In the Chicago Plan, which has been warmly endorsed by the AFL-CIO (See Unions, above) the Building Trades Council made a commitment to accept 1,000 black apprentices in the first year and the plan estimates that it can prepare black youth for entry into appren ticeship programs in 1 month. The executive director of t,he Providence Corporation, who serves as chairman of the Black Coali·tion on the Building Tra4_es, reported on the purposes and activities of the Coalition. He reported that the Black Coalition had sent a letter. to the Governor on December 12, 1969 requesting that the Governor institute negotiations among the contractors, the unions, and the Coalition on a solution to the problem of low participation of 35 blacks in construction craft unions. The spokesman for the Coalition was sharply critical of the fact that the black community had not been represented to date in the discussions among the Governor's office, the contractors, and the unions. He said: I think that up to this point, it is a slap in the face of the black community that the Governor has negotiated only with the unions and the contractors on a plan that they are going to try to impose upon the black community. From the inception, the Coalition should have been brought in. The chairman of the Black Coalition said that if its federation were not brought into discussions soon, or if a plan were imposed on the black community, they would first file suits "to stop every Federal project within this state." The next step, he indicated, would be to seek to bring a Philadelphia-type plan to Providence. He concluded, " ••• and third, if this doesn't work out, then confrontations." Summary: Several community organizations are directing their efforts to meeting the problems of increasing minority participation in the construction industry; a number of organizations of the black community have joined in a Black Coalition on the Building Trades, which asked the Governor to initiate negotiations with contractors, unions, and the black community; while approving of a program to prepare blacks for apprenticeship, the Committee is critical of several aspects of the proposed CEP program, and thinks that unions should make a definite commitment to accept a given number of black apprentices; and the Black Coalition voiced its displeasure at not being included in current negotiations and made public its plan to action if the matter is not successfully resolved. IX. REMEDY As the Chairman stated at the outset of the public meeting, a principal and overriding purpose of the inquiry was to produce the basis for remedies for the present situation. To this end, questions were raised throughout the 2~day session that were designed to provide the basis for ameliorative recommendations. In addition, the Committee invited experts from four cities to report on their experiences in the hope whichthat Providence and Rhode Island could benefit from the lessons have been learned by others. They were: Director, Workers Defense League's Joint Apprenticeship Program~ Newark Director, Midwestern Field Office, Commission on Civil Rights, Chicago Assistant to the Commissioner, Manpower Career and Development Agency, New York City Area Coordinator, Office of Federal Contract Compliance, U.S. Department of Labor, Philadelphia Chicago -In this city, the unions, contractors, and black community have agreed to a plan which calls for an influx of blacks into the ronstruction industry in a manner which will produce in no more than 5 years a proportion equal to the percentage of the black population of the Chicago metropolitan area. The agreement, as does most other agreements, calls for a policy making body composed of representatives of the unions, the contractors, and the black community. The principal parties have agreed, for the first year, on a plan which will bring into the industry a thousand journeymen, a thousand apprentices, and a 38 thousand trainees, who, through on-the-job training, will obtain journeyman status. Appendix E presents an analysis of this plan, and several other plans which are operative or proposed around the country. Newark --This community p~esents an unique example of community, State, and Federal cooperation on a plan to deal with several aspects of a project to be constructed in the heart of a black community. It was reported that the New Jersey College of Medicine and Dentistry is in the process of constructing a 68 acre, $140,000,000 medical complex in the Central Ward of Newark. The project, over a projected period of 5 years, is expected to produce 3,000 construction jobs, plus numerous other jobs when the complex is completed. As a result of pressure from the minority community, a review council composed of representatives of the black community, the college, the State, and the Federal Government, as well as the unions and contractors, developed a plan to ensure participation of the black community in every phase of the development plan. With respect to the construction aspects of the plan, the representative of the Workers Defense League (WDL) reported that the minority community negotiated a plan which called for one-third of the journeymen and one-half of the apprentices on the site to be black. He reported, however, that the unions and contractors reneged on the connnitment ••• "while we were negotiating in good faith, they were building their college, not in good faith." 39 When the black community determined that Phase I of the project had not been built in a manner consistent with the agreement, it petitioned the Department of Health, Education, and Welfare (HEW). HEW notified the State that it would not release funds for Phase II of the project until an agreement was reached with the black community. Thereafter, the State of New Jersey placed a provision satisfactory to the black community in the invitation to bid for Phase II contracts. This action by the State led the contractors and unions to fite suit (and the State and Federal Government to file countersuit). The matter is now before the courts. The WDL official indicated that the black community anticipated a plan whereby the following positions would be granted over the period of the project: 750 minority journeymen, one-half of all apprentices, and 705 trainees. The latter would be divided into two classifications advanced journeymen trainees (persons with some experience in the industry) and trainees (persons with no experience). Thus, it was reported that through the strong support of the Federal and State governments, the minority community looked forward to a major breakthrough in the traditional pattern of exclusion of blacks in the construction industry of Newark. New York City --An official of the city's Manpower Career and Development Agency (MCDA) reported on the Brooklyn Model Cities Plan. This plan, which may well serve as the prototype of a general citywide plan, was negotiated by the city's manpower agency, with the cooperation of unions, contractors,and the black community. It provides for on-the-job training (OJT) on all construction projects in the model cities area on a formula of one trainee for every four journeymen to be employed on the site. An operations committee composed of one representa tive of the unions, one representative of the contractors, and one representative of MCDA will monitor the program, evaluate the performance of trainees, and upgrade them to journeymen on the basis of ability to perform. The New York City official stressed the importance of community involvement in the plan. He indicated that residents of the model cities area elected representatives who participated fully in the negotiations for the plan. He said: "Unless you have the minority community involved in the planning•••you've got built-in disaster, no matter how well intentioned the Government people may be •••• " Under this plan, the city agency conducts prebid conferences with prospective contractors and negotiates the agreement for OJT. It does outreach, recruitmen~.and counseling of minority applicants. The MCDA official said: We've been able to show the contractors that they have a pretty good deal here, because the men are not coming on at journeymen's rates. They are coming on at a rate that reflects their actual experience so the contractor's investment is really minimal. He added that an ideal arrangement would be for the contractors to pay for the cost of training, just as they now pay the costs of apprenticeship programs. 41 The New York City official stressed that contract compliance without a meaningful training program resulted in paper compliance only. On this point, he said: Experience has shown us that if we just rely on contract compliance, that this will not really do the trick. There's something sort of absurd about the notion that if you have a large segment of the population who's never been exposed to learning a particular trade and have been denied opportunity.•• that overnight L;n agency/ can refer •.• thousands of fully qualified journeymen. So we wanted to get out of that merry-go-round of the contractor saying send the man down ••• the union saying we'll take a man, but he's got to be able to pass this journeyman's test. Effective contract compliance and good faith affirmative action means OJT, he said. It was reported that the New York City Board of Education had recently adopted a policy requiring a commitment to OJT from all contractors on future construction jobs; and that the Brooklyn Archdiocese had adopted a similar requirement with respect to contracts to be let by the religious body. Philadelphia --The Philadelphia Area Coordinator for the Labor Department's Office of Federal Contract Compliance (OFCC) described the much discussed plan in that city. Bidders on federally assisted contracts of $500,000 or more in the Philadelphia area must submit an affirmative action plan which includes the acceptance of goals of minority utilization for six critical crafts. The contractor's goals must fall within the acceptable mmierical ranges which are included in the Labor Department 1 s order. The order, which was issued in September 1969, includes ranges for each of the six crafts, from a low of 4 percent in the first year t~ a high of 20 percent 42 in the fourth year. The Department requires sponsors to obtain a report of minority utiliza tion, by craft, every 2 weeks and requires at least four onsite inspections. The Labor Department official reported that in two instances low bidders who did not include goals for minority utilization in their affirmative action plans were bypassed and the contracts were awarded to the next highest bidder, who did comply with the order. Although the plan is being tested in the courts, it is operational in the Philadelphia area. The Labor Department has said that it welcomes the court test. The Labor Departtnent's Model Plan: On February 9, 1970, the Secretary of Labor released a model areawide or community plan to serve as a guideline for communities developing such plans. The Area Coordinator indicated that the Department hoped that communities would improve on the model plan, as it represented, in effect, minimum standards. He said that the two most important points in the model plan were the inclusion of goals for minority utilization and 'timetables and the requirement that the minority community be involved in the development of the plan. Other aspects of the model plan, he stated, included: that it not be limited to federally assisted construction, but cover all construction; that it provide for recruitment and counseling of minority workers; that it include provisions for training of workers; and that it provide a means of financing the program (including possible Labor Department funding). r 43 The Labor Department official concluded by saying: From what we understand is going on in Providence, there is a real push from the community to have a plan•••• We are hopeful that you will develop a hometown solution. Secretary Schultz has repeatedly stressed the desirability of a hometown solution, because you can do it better than we can do it, but if it isn't done ••• there will be an effort to put in a Philadelphia-type plan or a federally enforced plan• •••any city, including Providence, could well be the next city, if the situation warrants it. 44 X. RECOMMENDATIONS The Rhode Island State Advisory Committee to the U.S. Commission on Civil Rights is composed of citizens from various walks of life, of different races, religions, sexas,and ages. Individually each member has his or her area of competence; collectively it is made up of generalists. These are generalists who, however, have devoted considerable time and study to the question of equal opportunity in the construction industry. They are not experts in the field, but the Congress, in creating the Commission and the Advisory Committees to it, thought there was some value in a cross-section of private citizens, nonexperts, studying a problem and proposing corrective recommendations. None of the Committee members is a sponso~ or contractor, or home builder, or a member of a construction union, but, as a result of their study of the matter, they believe they have a contribution to make to the resolution of this problem. The Committee is submitting herewith its recommendations in the hope that Federal, State, and local officials, the construction industr~ and private citizens will seek to implement them. We realize that its work is not finished with the submission of this report. In fact, this represents only the threshold. Its efforts will not cease until there is tangible evidence of affirmative results which are expressed by fundamental changes in the employment patterns .and policies throughout the construction industry. To this end, the following recommendations are submitted to the Commission: I. THAT THE STATE OF RHODE ISLAND, THE CITY OF PROVIDENCE, SPONSORS, GENERAL CONTRACTORS, HOME BUILDERS , CONSTRUCTION UNIONS , AND THE BLACK COMMUNITY, AGREE TO AN OVERALL STATE PLAN WHICH WILL PROVIDE: a. Specific numerical goals and timetables for minority utilization. b. A policy making body on which the minority community has adequate representation. c. A staff with sufficient resources to carry out a program of recruitment, counseling, and supportive services. d. The provision of both institutional and on-the-job training. e. The creation of a fund, supported by contractors and unions, to finance the overall program. It is assumed that Federal funding will be sought, but until such funds are obtained, and as a later supplement to them, this fund will be needed. f. The numerical goals and timetables, and the entire plan, should be re-evaluated in 6 months, and thereafter at intervals of 1 year or less. II. THE COMMITTEE STRONGLY URGES THAT ON-THE-JOB TRAINING (OJT) BE USED AS THE MAIN VEHICLE FOR PREPARING MINORITY GROUP WORKERS FOR CONSTRUCTION JOBS. WHILE APPRENTICESHIP PROGRAMS MAY BE USEFUL IN PRODUCING HIGHLY SKILLED WORKERS, IT URGES THAT THE MAJOR EMPHASIS BE GIVEN TO OJT AS THE MEANS OF PRODUCING THE MAXIMUM NUMBER OF TRAINED PERSONS IN THE SHORTEST PERIOD OF TIME. The following additional recommendations are submitted: 1. Each contractor should designate immediately a chief officer of the concern as "Equal Opportunity Officer"; who should begin at once to assist in the development of the plan, assess training needs and methods, and monitor existing construction projects. 2. The Home Builders Association of Rhode Island should immediately establish an "Equal Opportunity Committee" to carry out the functions enumerated above. 3. Until an overall plan can be put into operation, sponsors and contractors, with respect to construction now underway, should develop for each project a Memorandum of Understanding similar in content to the Gilbane-Rhode Island Hospital agreement. 4. Where possible, sponsors should establish training programs for maintenance and other workers in skills used by the construction industry. When training is completed, the men should be given an opportunity to enter the construction field. 5. The Home Builders Association of Rhode Island and Associated General Contractors should sponsor training programs in the city's high schools similar to the Home Builders Association's program now being conducted in two suburban high schools. 6. The CEP sponsored preapprentice program should be revised, shortened, and the number of enrollees increased. Skill training should be eliminated and training should be concentrated on preparation for the General Aptitude Test Battery (GATB) and other qualifying tests and on obtaining high school equivalency. 7. Building trades unions should make a definite commitment to accept all apprentices each year who successfully complete the CEP orientation program. This commitment should cover all craft unions, and not be limited to the five crafts now involved in the CEP program. A provision should be made forcontinuity of training during the interval between completion of the CEP program and the beginning of the apprenticeship program (such as OJT). 8. The Bureau of Apprenticeship and Training, the State Apprenticeship Council, and the various Joint Apprenticeship Committees for all crafts should review and revise entrance requirements to eliminate all standards which are not job•related and which have not been validated for their job relatedness. Minority groups should be represented on the apprenticeship council. 9. The State department of education should greatly expand its upgrading training program in construction skills and should advertise, promote, and recruit for the program. 10. The department of employment security should actively re€ruit minority applicants for the upgrading training program and union apprenticeship programs. It should solicit job orders from contractors and home builders and seek to refer minority applicants directly to the employer. In its contacts with employers in the construction industry, the department of employment security should promote federally supported on-the-job training programs. 11. The State of Rhode Island should implement Executive Order 10, and amend it to require that all contractors who do business with the State submit a written affirmative action program, which includes, among other items , definite goals for minority utilization and the provision of training on larger contracts. 12. The city of Providence should provide the necessary funds and staff to ensure that Executive Order 6 is vigorously enforced and implemented. The order should be amended to require all contractors to submit a written affirmative action program, which includes, among other items,definite goals for minority utilization and the provision of training on larger contracts. 13. The city council of the city of Providence should amend the ordinance creating the Providence Human Relations Commission, to give the Commission the power to hold hearings, subpena witnesses, and issue cease and desist orders which are enforceable in the courts. 14. The U.S. Department of Health, Education, and Welfare should review the Rhode Island State Plan for Vocational Education to ensure that the maximum possible training is provided in construction skills. 15. The U.S. Department of Health, Education, and Welfare and the U.S. Department of Labor should review the operation of the Manpower Development and Training Act (MDTA) program in Rhode Island to ensure that the maximum possible training is provided in construction skills. 16. The U.S. Department of Labor and the National Alliance of Businessmen should immediately implement the Jobs 70 Program (on-the-job training) in the construction industry in Rhode Island. 17. The U.S. Department of Labor and the Office of Economic Opportunity should review the CEP preapprentice training program to shorten the length of training and to ensure that funds are wisely spent and trainees will, in fact, enter apprenticeship programs. 18. The U.S. Department of Health, Education, and Welfare, the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation should immediately review all construction contracts in Rhode Island to ensure full compliance with the letter and the spirit of Executive Order 11246. 19. The Model Cities Program of the city of Providence should make public its plans for achieving compliance with Federal regulations concerning the utilization of minority group workers on all construction projects. The Committee strongly recommends that the program adopt the procedure followed by the Brooklyn, New York Model Cities Program and require an OJT program with one trainee for every four journeymen on all model cities construction projects. 20. Should the community fail to develop an overall plan for increasing minority participation in the construction industry, or should a plan be developed which is not consistent with the Labor Department's Model Areawide Plan, the Department of Labor should immediately issue an order establishing a Philadelphia-type plan for the area. TOWARD EQUAL OPPORUNITY IN THE CONSTRUCTION INDUSTRY A REPORT OF THE RHODE ISLAND STATE ADVISORY COMMITTEE TO THE U.S. COMMISSION ON CIVIL RIGHTS LIST OF APPENDICES A. Number of Contracts and Dollar Value, Selected Federal Agencies, Rhode Island. B. Present and Projected Construction, Selected Sponsors, Rhode Island. C. Labor Force, by Race and Craft, Selected General Contractors, Rhode Island. D. Membership of Construction Craft Unions by Race. E. Analysis of Community Plans for Selected Cities. 51 APPENDIX A FEDERALLY ASSISTED CONSTRUCTION PROVIDENCE AREA AGENCY DOLLAR VALUE NO. OF PROJECTS Dept. of Health, Education, and Welfare $ 44,861,263 7 Dept. of Housing and Urban Development 19,503,675 14 Dept. of Transportation 40,789,372 22 General Services Administration 66,300 1 SUBTOTAL $105,220,610 44 ADDITIONAL PROJECTED PROJECTS:* Dept. of Health, Education, and Welfare 17,500,000 3 Dept. of Housing and Urban Development 34,433,831 10 TOTAL $157,154,441 57 *Projected projects for other agencies not available. 52 APPENDIX B PRESENT AND PROJECTED CONSTRUCTION, SELECTED SPONSORS, RHODE ISLAND Project Dollar Value Brown University: Arts Building $2,800,000 Dormitory-Pembroke 2,500,000 Office Building 2,500,000 Parking Garage 3,000,000 Sciences Library 1/4,700,000- Science Complex 8,000,000 Subtotal: $23,500,000 1.1 Providence College: ll Dormitory $1,775,000 Subtotal: $1,775,000 Rhode Island College: Humanities Building $1,300,000 1.1 Men' s Dormitory 750,000 ]J Professional Studies Building 1,541,000 ]) Robert Hall Addition 393,000 Subtotal: $3,984,000 Percent Complete 35 2:.1 99 2:.1 40 2:.1 95 25 2:.1 45 99 53 Rhode Island Junior College: Blackstone Valley Campus Health & Physical Education Knight Campus Megastructure Mt. Hope-Newport Campus Subtotal: !!.I University of Rhode Island: Donnitory Fine Arts Building Gynmasium Social Science Center Subtotal: Roger Williams College: Bristol Campus Fine Arts Center Student Center Physical Education Bldg. Downtown Campus New College (Bristol) Residence Hall Subtotal: Dollar Value $12,250,000 1,540,000 1,000,000 ]j 10,701,000 $25,491,000 ll $ 2,500~900 ll 2,500,000 ll 2,500,000 ll 4,600,000 $12,100,000 $ 5,000,000 5,000,000 ll 7,500,000 2,000,000 $19,500,000 Percent Complete !:_I 1 15 25 70 90 0 !:_I £:./ 54 Percent Project Dollar Value Complete Rhode Island Hospital: 1_/ Ambulatory Patient Center $22,479,000 3 Jane Brown Addition 5,000,000 98 Subtotal: $27,479,000 TOTAL UNDERRWAY & PROJECTED: $ 113 , 829' 000 (26 projects) Footnotes: 1/ Federal financial assistance included. 2/ Projected construction. 3! No projected construction or cost estimate. ~/ It is estimated that construction totaling $4-6 million per year is needed to keep up with student demand. 21 Additonal projected projects of $5-5~ million are planned if sufficient funds are made available. 55 APPENDIX C LABOR FORCE, BY RACE AND CRAFT SELECTED GENERAL CONTRACTORS RHODE ISLAND* Classification Total Black of Black Company Employees Employees Employees Ahlborg and Sons: All Projects 50 2 2 laborers Dimeo Construction Co.: Brown Art Building 36 6 4 carpenters 2 laborers Brown Science Building 55 6 4 carpenters 2 laborers Rhode Island Junior College 54 3 2 carpenters Subtotal: 145 15 Gilbane Construction Co.: Office Bldg. -Providence 22 2 1 laborer 1 cement finisher Rhode Island Hospital 28 4 2 laborers 1 cement finisher 1 operating engineer Subtotal: 50 6 ~· Marshall § Sons: All Projects 144 2 1 laborer !operating engineer 1· Turgeon Construction Co.: All Proj&cts 30 5 4 laborers 1 carpenter ~: 419 30 15 laborers 11 carpenters 2 cement finishers 2 operating engineers ilack Fereent of Total: 7.2 Of ilack Workars: Laeorers 50 percent Car~nters 36 percent *lst1mates baseQ 0a testimony at the March 6-7, 1970 Open Meeting. Actual ~rs fluctuate from week to week and generally increase during peak Ji>eri@t!ls -'S[llrinl)!;, stmtmer, and fall. 56 MEMBERSHIP OF CONSTRUCTION CRAFT UNIONS BY RACE .. APPENDIX D Total Black Percent Total Black Percent Craft Union Journeymen Journeymen Black A_p_prentices Apprentices Black ll Asbestos Workers 90 0 0.0 N.A. N.A. - 2:.1 Brickla_yers 373 4 1.1 32 2 6.2 ]j ll Carpenters 1 930 19 1.0 70 1 1.4 Electricians 491 1 0.2 82 0 0.0 ll Glaziers 100 1 1.0 8 0 0.0 2.1 Iron Workers 395 0 0.0 63 0 0.0 ll Lathers 40 0 0.0 6 0 0.0 §_/ Operating Engineers 850 7 0.8 ------ II Painters 428 7 1.6 12 0 0.0 Plasterers & Cement Masons 140 2 1.4 6 1 16.6 ~I Plumbers 290 0 o.o 35 1 2.9 2.1 R~ofers 58 1 1.7 34 0 0.0 ~eet Metal Werkers 182 0 0.0 39 1 2.6 ll ~rinkler Fitters 80 0 0.0 11 0 0.0 10/ - ~team;!:itters 420 1 0.2 40 0 0.0 ll Tile &Mar@le Workers 80 0 0.0 N.A. N.A. - .!ll TO_l'AL: 5,947 43 0.7 438 6 1.4 TOTAL JOURNEYMEN AND APPRENTICES -6,385 BLACK JOUDIEYMJEN AND APPRENTICES -49 PERCENI' :SlACK 0.75 57 NOTES: 11 Estimates based on sources other than the Open Meeting Transcript. ~/ There are 275 active members. Others are retirees (56), Gold Card Members -50 or more years in the union (10) or contractormembers or members who are away (32). 11 .The working force is 1,200 members. Approximately 800 members are retired, out of the area, etc. ~/ The construction working force is approximately 424. Others are contractor-members (22), motor shop (23), maintenance (22). There are 12 black members among an additional 55 members in manufacturing firms. ~/ There are 250-260 members of the working force. Others are pensioners (64) or working out of the area (73). 21 This union does not have an apprenticeship program. II The average working force is 285. There are 80 Life Members. ~/ The working force is approximately 250. Others are contractormembers (16), retired (45) and plumbing inspectors (6). 21 This union does not have apprentices. The 34 men are classified as helpers. 10/ The working force is approximately 320. Others are retired (65), working out of the State (20), and in shops (20). 11/ Includes 34 roofer helpers who are not apprentices. 58 APPENDIX E ANALYSIS OF COMMUNITY PLANS, SELECTED CITIES ARE GOALS STATED PLAN POLICY MAKING BODY Administrative Comm. 2 reps -unions Boston Model 2 reps -contractors No goals stated. Cities ];_/ Operations Committee 1 trainee to each 2 reps -unions 3-4 journeymen 2 reps -contractors 2 reps -community Administrative Comm. 1 rep -Mayor or rep. 2 reps -unions Yes. Equity with black 2 reps -contractors population of metropolitan Chicago 2 reps -community area. First year: 0Eerations Committee 1,000 journeymen 2 reps -unions 1,000 apprentices 2 reps -contractors 1,000 trainees 4 reEs -community CorEoration 2 reps -unions 2 reps -contractors Definite numerical 2 reps -public agency goals to be negotiated Detroit 2 reps -community Committee ~/ 4 reps -unions 1,250 new minority 4 reps M contractors journeymen (qualified 4 reps -Black Coalition minority journeymen Pittsburgh 1 -Chairman w/o vote admitted directly to Subcommittees each craft unions shall not be 4 reps -unions credited against 4 reps -contractors long-range goal) 4 reEs -Black Coalition Administrative Comm. 1 rep -OFCC No goals stated. St. Louis 2 reps -unions 1 trainee to each 2 reps -contractors 3-5 journeymen 4 reEs -community 59 APPENDIX E -(eontinued) PLAN Boston Model Cities Chicago Detroit Pittsburgh St. Louis TERM OF PLAN Year-toyear 5 years 5 years 4 years Not stated CLASSIFICATIONS Journeyman Advanced Jour neyman Trainee Trainee Apprentice Journeyman Trainee Apprentice Journeyman Trainee Apprentice Journeyman Trainee Apprentice Qualified Workman Advanced Trainee Trainee Apprentice OUTREACH, RECRUITMENT & COUNSELING PROVIDED Yes. Workers Defense League. Yes. Operations Connnittee. Yes. The Corporation. Yes. The Connnittee and the Black Coali tion. The latter will sponsor an Orientation Program for new employees. Yes. Administrative Connnittee 60 APPENDIX E -(Continued) STATUS OF AGREEMENT Covers Model Cities and contiguous areas only•. An areawide agreement is being negotiated between the black community and unions and contractors. Agreement is signed and is operative. No agreement has been signed. The Plan described herein is basically the Plan of the black community. A Memorandum of Understanding has been signed between the Black Construction Coalition and unions and contractors, but many details remain to be negotiated. The agreement signed covers carpenters and operating engineers only. (unions and management). PLAN Boston Model Cities Chicago Detroit Pittsburgh St. Louis OJT PROVIDED Yes. Operations Committee to rate and upgrade trainees. Yes. Operations Committee. Yes. The corporation will provide training and rate and upgrade trainees. Yes. The Committee is responsible. An orientation program will be developed by the Black Coalition. Yes, by Construction Job Opportunities, Inc. or an alternate. Train ees are rated and up graded by the Joint Craft Selection Comm. 61 NOTES lf The data submitted are as of March 1970. In several cities negotiations are in process and details of individual plans are subject to change. ~/ Negotiations are underway in Boston for a new Areawide Plan. ~/ The agreement specifies that one representative of the unions and one representative of the contractors shall be black. Thus, racially, the Committee will be composed of a minimum of six black and six white persons, plus a chairman without vote. GP 0 89 2·281 62