Product Alert For October 3, 2015

  The International Office has been inundated with emails and calls about a non-signatory manufacturing company that we are told has been advising its customers (our signatories) that purchasing their products made by nonunion employees is not a problem.  If true, these representations to our signatory companies could subject them to a grievance board proceeding for noncompliance with the Article II, Section 2 language of the Standard Form of Union Agreement (SFUA).  Unfortunately, we have also been informed that some signatory contractors are purchasing this product, which has apparently gone unnoticed or unchallenged by some of our Locals.  Hopefully we don’t have to remind you that we are one of the last trades to fabricate our own products we install and we must do everything we can to protect our work.  Failing to defend our work is not an option and will not be tolerated. So, what are the particulars?  The company in question is AQC Industries (http://blueduct.com/index.html) and they fabricate three product lines: Q Duct, PalDuct, and BlueDuct.  (Q Duct is an outdoor phenolic duct system and is similar to our ThermaDuct; PalDuct is an indoor phenolic duct system is similar to our KoolDuct; and BlueDuct is an underground duct system that is made of high-density polyethylene (HDPE).)  AQC Industries also advertises CAD services, but we don’t need to tell you that computer aided drafting is also covered work.  AQC Industries is associated with Schwab-Vollhaber-Lubratt, Inc. (www.svl.com), which appears to be a distributor at the same physical location.  AQC Industries’ products are also sold through other distributors (see http://blueduct.com/pages/reps_commercial.php for more information on AQC product distributers). As you are aware, Article II, Section 2 of the Standard Form of Union Agreement (SFUA A-08-11) states:   Subject to other applicable provisions of this Agreement, the Employer agrees that when subcontracting for prefabrication of materials covered herein, such prefabrication shall be subcontracted to fabricators who pay their employees engaged in such fabrication not less than the prevailing wage for comparable sheet metal fabrication, as established under provisions of this Agreement.   We have been told that AQC’s PalDuct comes out detailed, cut and notched (KD), with the installing contractor later assembling the AQC prefabricated product with its SMART members.  If true, this practice isn’t appropriate simply because our members assemble the prefabricated product.  Indeed, SMART considers the detailing and all prefabrication as covered work.  Accordingly, the above scenario may violate your agreement. Finally, you should request proof that this product was fabricated under the terms of Article II, Section 2 of the SFUA if you come across products from AQC Industries which your signatory has purchased..  You are also urged to contact your International Representative for more information and guidance.