10.27.08

House & Senate Pass Prompt Pay Legislation

An additional $50 Million now available for state snow and ice contractors

The hard work of our Executive Board has paid off! On Thursday, October 30th both the House and Senate approved a supplemental budget requested by Governor Patrick which contained a resolution authorizing Mass Highway to spend in deficit up to $50 Million Dollars to solve timing discrepencies inherent in the process of paying state snow and ice contractors promptly throughout the winter season. This $50 Million is in addition to the $20 Million already in the snow and ice budget for fiscal year 2009.

"If not for the hard work of our Board of Directors, and the support of our membership this would never have become reality", said Matthew Frazier, President of the MSICA.

Frazier and other Board Members recently testified before the Senate Committee on Post Audit and Oversite, and brought with them to the hearing some 900 contracts, unsigned, which had been sent out by Mass Highway to contractors this August. Contractors had refused to sign, protesting the lack of prompt payment.

 Association leaders and members worked very hard throughout the past year with Legislative Officials on Beacon Hill to make this Legislation a reality. We watched this issue go down in defeat as many as five times this year, weather it was attached to the FY '09 Budget, Senate Amendments, or when it was attached to the Transportation Bond Bill.

The Governors Supplemental Budget, which also gives the Executive Branch new and expanded budget cutting authorities, was obviously the correct vehicle for it to be attached to.

Special thanks goes to:

Senator Marc R. Pacheco(D) Taunton, Senator Bruce Tarr(R) Gloucester, Rep. Jeffrey Perry(R) Sandwich,

Rep. Sarah Peake(D) Provincetown, Rep. Cleon Turner(D) Brewster, and Gov. Deval Patrick

10.16.08

Prompt Pay Remains on Radar Screen

Governor includes Prompt Pay for Snow & Ice in Supplemental Appropriations Bill 

On October 15 Governor Patrick submitted a Supplemental Appropriations Bill to the Leqislature which includes $80 Million Dollars in deficit spending authority for the MassHighway and DCR Snow and Ice Programs.

Please contact your State Representatives' and Senators' today and urge them for quick passage of the Governors Supplemantal Appropriations Bill!

click on this link to see Legislation:

 www.mass.gov/Agov3/docs/Legislation/10-15-08%209C%20Budget%20Legislation.pdf

Look for Section 18 of the Bill

10.15.08

Unanimous Vote to Sign Contract

The membership of the MSICA has voted to sign the 2008-2010 Snow and Ice Contract

The membership has ratified the 2008-2010 Snow and Ice Equipment Rental Agreement with Mass Highway with a unanimous vote to sign the contract and return to work.

Late breaking news from Attorney John Slattery on October 15th regarding his reciept of a letter from MassHighway Chief Legal Counsel further expressing the departments desire to work with our Association on various fronts, and the Departments' sincere and dedicated approach to obtain prompt payment for snow and ice vendors certainly weighed heavy on the memberships decision making process.

Correspondence from MHD also further outlined there intent pertaining to certain language in the 2008-2010 contract which could have been easily interpreted in ways which would adversely effect those contractors signing the agreement.

Atty. John Slattery is in touch with MHD legal staff and a meeting is being scheduled for later this week, or early next week. Mass Highway has been working with representatives of the Governors office of Administration and Finance in an effort to craft language which will ultimately recieve the blessings of the House and Senate. 

10.16.08

We move on! 

Association's focus turns to prompt pay and reinstatement of contractors

The Board of Directors, after recieveing the direction of the membership to sign the 2008-2010 Snow and Ice Rental Agreement will now focus it's attention on securing prompt pay language which must ultimately be approved by the State Legislature, and reinstatement of displaced contractors who failed to the sign the snow and ice agreement by it's deadline date of Sept 15.

Please check back often for more information!!

Again, the MSICA is working closely with State Legislators on the need to pay contractors in a timely fashion. Do we need the Commonwealth to enact a Deficit Spending Statute for Snow and Ice, so as MHD can have the ability to pay contractors and worry about the House and Senate approving a supplemental funding package later? 

IS GPS BECOMING A THING OF THE PAST?

Breaking news has it that GPS distribution will be left up to each individual District Highway Director and may only be assigned to Spreader Trucks for the winter season 2007-2008!

We are learning more about this new policy each day, and will post additional information as it becomes available. 

PAYMENT REMAINS MAJOR CONCERN FOR MSICA:

Once again snow and ice contractors are paid in the last month of the State's Fiscal Year. The Board of the MSICA is asking state lawmakers why so many other vendors who provide services to MHD's Snow and Ice Operations are paid on time, yet the contractors who are pushing the snow and spreading the salt always wait!

This question has been asked of the MHD on many occasions, yet the uniform answer is that the State Legislature underfunds the snow and ice operations every year, causing the need for a suplemental budget request to pay unpaid bills. While we understand fully the need for supplemental fundinging once the alloted monies are spent, we don't fully understand or agree with what the monies are spent on, causing plow contractors to go unpaid until June.

We will continue to make our Legislative friends on Beacon Hill aware of what we see as waste at Mass Highway, and continue our fight for a separate snow and ice snow removal contractors budget.

New Senate President, Therese Murray greets our Executive Board:

On Wednesday, March 28th our recently elected Senate President met with members of our Executive Board at a meeting in Boston. Senator Murray has always taken the time to hear our issues as they have evolved over the last several years. Whether it be lack of prompt payment to contractors, or a one sided and unfair contract proposal from Mass Highway, Sen. Murray has always listened and helped us whenever possible. 

The entire MSICA congratulates the Senate President and wishes her well!

www.patrickmurraytransition.org

Please click on the link above to access up to date information
regarding the Deval Patrick/ Tim Murray Transition Team Working Groups.

It is with great pleasure that the MSICA announces our involvement with the Patrick/Murray Tranportation Working Group who interviewed more than 350 people representing key stakeholder organizations. Our  President, Matthew Frazier was interviewed by Mr. Fred Salvucci, a member of the Transition Team Working Group who has authored a detailed report of there findings relative to the various transportation related Departments of the Commonwealth including EOT and Mass Highway.  Mr. Salvucci is currently a senior lecturer and senior research associate for the Center for Transportation and Logistics at the Massachusetts Institute of Technology (MIT). A detailed report which notes our involvment and can be found at the web
link above.

2006-2007 Membership

All '05-'06 members have now been sent there renewal notices for dues to be paid for the '06-'07 snow and ice season. Please be prompt and forward your check to the office of the Associations' Treasurer in Marshfield. It is imperative that we all do our part by paying our dues which enables our great Association to conyinue to grow. All members are strongly urged to double there dues when writing there check! Additional funds will enable our our Legislative Committee to continue working with our consulatants on Beacon Hill, as well as our Attorney and Contract Specialists who helped us craft our proposals for the 2006-2008 snow and ice contract.

Below is a list of contractors who have proudly reached into there pockets and have been huge financial supporters by volunterely increasing the amount of there dues:

A BIG THANK YOU TO OUR MAJOR CONTRIBUTORS!

While we are thrilled with the results of the November invoicing, the returns from new members could be better! Please help us grow. Our goal this year is to represent at least an additional 15%-20% of equipment over last years final numbers. Please, if you are a member in good standing, do your part and find another snow and ice contractor to join our fine organization!  
And remember "We can hang together........or you can hang alone." -John Slattery, October 2003

Contract Early Submission Deadline:

In order to reap the benefits of the $2.00 per hour early sign-up bonus all contractors must meet the requirements of the November 1, 2006 submission deadline. A signed snow and ice contract, pictures of equipment, as well as a copy of each active vehicle registration must be submitted to your area District Office no later than 4:00 PM on October 31st, 2006. Good Luck!!

Snow Plow Exemption Requests:

Please, do not submit a request for snow plow exemption for equipment that only plows snow. A plow exemption request form pertains only to spreader trucks, and or liquid anti-icing vehicles which also have plowing capabilities.

RATIFICATION OF CONTRACT:

At its annual general membership meeting on October 12th the membership of the MSICA voted unanimously to approve the final version of the MassHighway Snow and Ice Equipment Rental Agreement, which was negotiated by the Executive Board of the MSICA during multiple negotiation sessions and numerous conference calls. Many great questions where asked by our members, and most all of the finer points of the contract where touched upon.

The Board of Directors would like to welcome Mr. Charles McNamara of McNamara Farms in Stoughton to the Board of Directors. Mr. McNamara was voted in as a class 1 Director at the meeting on the 12th, along with Fred Palladino of Hyde Park, Brad Ness of Easton, and Christopher Carney of Rockland.

During the meeting many ongoing projects were discussed including education, health and safety certification, as well as future and current Legislation our group is working on with the help of various Legislators throughout the state.

A very welcome surprise was a visit from Senator Marc R. Pacheco who sits as the Chair of the Senate Post Audit and Oversite Committee. As we are all well aware of, it was Sen. Pachecos' Committee who intervened and held a special Legislative Hearing into MassHighway's practices relative to the lack of snow and ice equipment under contract this year. Our Executive Board will continue to assist the Oversite Committee in any way we can. The meeting adjouned at 9:38 PM.    

NOTICE OF ANNUAL MEETING:

The annual meeting of the General Membership will be held on Thursday, October 12th at 7:00 PM at the Raynham/ Taunton Greyhound Park 1958 Broadway Raynham, MA 02767

At the annual meeting the Executive Board will answer any questions our members may have regarding the latest two year contract offered by MassHighway. The contract will be brought to a ratification vote at this meeting. Also we will be holding an election of officers. A nominating committee has been appointed by the President for this purpose. If you, or anyone you know is interested in serving on the Executive Board, please contact David Colter at 1-800-339-3714 for more information.   Please remember, without your membership and participation we are nothing!

Please note, this meeting is open to members in good standing only, please have your member ID with you!

(if you do not have a current laminated ID Badge, or if you should have any questions relating to membership, please contact our Executive Secretary Cheryl Kain at 888-842-SNOW)

CONTRACT ENDORSEMENT:

The Executive Board of the MSICA has officialy endorsed the final version of the 2006-2008 MassHighway Snow and Ice Equipment Rental Agreement. The Board has voted unanimously to endorse the contract and bring the document to a ratification vote at the annual meeting of the Association. Clearly, without the help and understanding of MassHighway Commissioner Louisa Paiewonski we would not be where we are today. Commissioner Paiewonski made herself available for negotiation sessions, telephone conversations, and meetings at the State House. The Commissioner has committed herself to meeting with representatives of the MSICA once per month throughout the winter season. Our Executive Board has access to the Commissioner and her staff that was never made available to us prior to the negotiation of this contract. 

The Executive Board of the MSICA sees this as an extreme positive for the future of our great organization!

A personal thank you goes out to the Commissioner and her administrative staff!

The new two year agreement brings every contractor  closer to where we were a few years ago, along with;

Please watch your mail box for our latest news letter as well as a formal notice of our annual meeting which will be held at the Raynham Taunton Greyhound Park on Route 138 in Raynham, MA.

ATTENTION CONTRACTORS:

On September 13, 2006 Mass Highway (MHD) posted what is believed to be their final version of the 2006-2008 Snow and Ice Contract.

At this time, the Executive Board of the MSICA is seeking clarification on some areas of both the general conditions of the contract, as well as the rates which have been published for the next two (2) consecutive winter seasons.  As of today, 9/14/06, the Executive Board of the MSICA has precipitated conversation regarding said clarification with the Office of The Highway Commissioner. 

While we are pleased with many aspects of the contract, the Executive Board of the MSICA continues to have concerns in regards to certain rates, contractual language, as well as both health and safety concerns.  After experiencing what we believe to have been very positive results from our negotiation sessions with Mass Highway, this Board is optimistic that any additional changes in the contract will be seen as a positive by Mass Highway. 

Please take the time to visit the Mass Highway website www.mhd.ma.state.us and download all of the contract documents.

After you have reviewed these documents, please feel free to contact any member of our Executive Board with your comments or input.  Names, telephone numbers and addresses of all Executive Board members can be found on the "Contact" page of this website.

Please check back to this website often for regular updates. 

Members of our Executive Board, along with our Contract Specialist, will be meeting once again on Thursday, August 3rd with members of the MHD Administration including Commissioner Luisa Paiewonsky, to continue our review of the Draft Contract submitted to the Commissioner on August 1st.     

Members of our Executive Board are meeting with Mass Highway Commissioner Luisa Paiewonsky on Tuesday August 1st in an effort to resolve the many outstanding issues with Draft Version #2 of the MassHighway Draft Contract. Version #2 has been placed on the MassHighway website at www.mhd.state.ma.us.

 Executive Board members Matthew Frazier, Pres.; Anne Crothers, V.P.; Bob Lalicata, V.P.; and David Colter, Director testified before the Senate Post Audit and Oversite Committee today as requested. Our Board members have also submitted written testimony to Sen. Marc R. Pacheco, Committee Chair, as he requested. Please check back, as several new documents will be posted on this website very soon including the MSICA Draft Version of a new Contract! 

        SENATE COMMITTEE ON POST AUDIT AND OVERSITE

      IS CONVENING A LEGISLATIVE HEARING JULY 26, 2006 AT 

      10:00 AM IN ROOM 222, MASSACHUSETTS STATE HOUSE

President Matthew Frazier has been summoned to appear before the Senate Committee on Post Audit and Oversite pertaining to MassHighway Snow and Ice Contracts.  The Committee is requesting that Mr. Frazier provide testimony as to what he knows relating to MassHighway's Draft Contract, sent out to contractors statewide in June.

Matt will be joined by members of the MSICA Board of Directors.

The Executive Board of the MSICA has responded in writing to Chief Engineer John Blundo regarding his department's draft version of their proposed 2006-2008 snow and ice agreement. This body perceives the draft version of the agreement, which we had no hand in, as an attempt to circumvent our association and place our members under contract without first negotiating with our board. Further, after close examination and fielding calls from both members and non-members, we find this draft as only inflaming an already eroded relationship between snow and ice contractors and the MassHighway Department. The Chief Engineer has been placed on notice that the MSICA and its 3,000+ pieces of member equipment will block any contract not first negotiated and approved by our board and ratified by its general membership. MassHighway has been notified once again that our Board stands at the ready to meet and negotiate a fair, well-balanced agreement which should be viewed as fair to the contractors, the department, and the taxpayers of the Commonwealth. (MSICA Board of Directors 6/14/06)

FOR THE FIRST TIME IN THE HISTORY OF MASS HIGHWAY  THERE IS CURRENTLY NO SNOW & ICE EQUIPMENT UNDER CONTRACT WITH THE DEPARTMENT ! ! 

MassHighway has left themselves with no back-up spreaders in the event that a hired spreader is needed for motor vehicle accidents, oil spils, etc. Similarly, trucks used for hauling snow, which could have been utilized during the unprecedented floods and storms this spring, are now unavailable to MassHighway.

Mass Highway has made no effort to come to the bargaining table with the MSICA over our next Snow and Ice contract. Members of our executive board have been made several empty promises by Chief Engineer John Blundo and his staff. Stay tuned for more. Please click on announcements above for more detailed information.

Throughout the fall of 2005, Chief Engineer John Blundo made himself abundantly clear that he and his staff would be meeting with representatives of the MSICA to begin contract talks on our next Snow and Ice agreement. In fact, Chief Blundo stated in two public forums that he would be sitting down with President Matthew Frazier and his group just after January 1, 2006 to begin hammering out a new contract.

We have been trying to get MHD to come to the table since January 1 with no results!

As of Wednesday, May 31st our contract expires. For the first time in the history of the Massachusetts Highway Department there will be NO EQUIPMENT UNDER CONTRACT.  Can the MHD afford to be playing such games with the future of snow and ice management as it pertains to public safety? We don't think so.

The availability of snow and ice equipment to municipalities in Massachusetts has been diminishing throughout the last several years as a result of volatile fuel costs, insurance providers not writing policies for municipal plowing contractors, as well as ever-escalating labor and steel costs. More and more contractors each year have sought work in other areas such as municipalities, private lots, or with property management companies. When you can make the same rate or more with no GPS or Ground Speed Control, what would you do?

Unfortunately for Mass Highway, it looks like the same thing is happening again.  Contractors are letting us know that they are seeking work elsewhere mainly because we are soon to be without a contract, and there is no sign of one being negotiated.

The Massachusetts Highway Department is playing games with public safety. They would like the citizens of the Commonwealth to believe that future snow removal efforts would not be impacted by our membership not coming to work this fall, as they stated during the GPS and contract dispute of 2003.

Mass Highway is lost! Mass Highway owns new snow plow trucks that they can't staff. Mass Highway said they would show us! So in the fall of '03 they purchased brand new plows and spreaders which have not even been connected to the trucks as of yet.....your tax dollars hard at work. 

In the fall of 2003, our group blocked the signing of two consecutive contracts, as well as the distribution of hundreds of NEXTEL GPS phones. Several hundred GPS units that had been distributed were returned to MHD Depots at the direction of the MSICA.

The MSICA continues to make one thing very clear to Mass Highway officials: Any contract which does not contain the stamp of participation and approval of the MSICA will be blocked!

Mass Highway needs to seriously adjust their thinking when it comes to how they treat snow and ice contractors state wide.

Don't forget - it was Mass Highway who decided to fully privatize snow and ice; now they need to manage it effectively and efficiently, including the management of the relationship between the Department and the MSICA.

Please click on the ANNOUNCEMENTS  button above for more detailed information.

MassHighway has placed their draft version of the proposed 2006-2008 Snow and Ice Contract on the Department website.  It is the intent of the Department to notify all contractors by mail to visit the website, review the contract and comment on it.