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Progress reported in road dispute after threat of military intervention

"It is our hope that after a short cooling-off period and with assistance from the governor, both sides can see through their differences and focus on the vital work that needs to be completed."
Credit: Thinkstock
Orange cones at a road construction site, stock image.

LANSING – Gov. Rick Snyder reported a minor breakthrough Friday in a contentious labor dispute that has stalled dozens of road projects, one day after he threatened military intervention.

Snyder said Thursday the National Guard could be brought in to help finish work on high-traffic stretches of freeway, such as I-696 in Macomb County. And on Friday, Snyder's office said the two sides have agreed to suspend their war of words in the news media and meet together with him next week.

"It is our hope that after a short cooling-off period and with assistance from the governor, both sides can see through their differences and focus on the vital work that needs to be completed so the motorists of Michigan can have road projects finished and their travel routes restored prior to winter," Snyder spokesman Ari Adler said.

While insisting it was not an idle threat, Adler had conceded earlier that the threat of bringing in the military was intended to apply pressure to force progress in the dispute.

"I think when people realized how serious the governor was about researching all options, that may have encouraged them to be willing to sit down at least one more time," Alder said when asked whether the threat of military intervention had worked.

"That's great news and where our focus is right now rather than trying to determine motivation."

Before agreeing to the meeting, officials appeared to double down Friday on the idea of bringing in the National Guard.

Mike Nystrom, vice president of the Michigan Infrastructure & Transportation Association, which represents the contractors in the dispute with Operating Engineers Local 324, said he is in talks with the military and it might be possible that members of the Michigan National Guard could be at work on construction sites early next week.

Nystrom said Friday's talks centered on "how best to deploy National Guard heavy equipment operators to road projects currently shut down" because of the labor dispute, which also includes the I-75 project at the Rouge River Bridge, south of Detroit.

Snyder's office said the development would be unprecedented in Michigan and possibly in the nation.

"We have somewhat limited options here," Adler said Friday. "We have to really thread the needle in terms of what we can do," but the roadwork needs to be completed to the extent possible before winter, especially when the Legislature appropriated extra road fix money that was badly needed and now can't be spent.

The contractors have the heavy equipment and the National Guard has the heavy equipment operators, he said.

"I don't think anyone is suggesting we could finish the road project with the National Guard, but could we get the lanes open ... for the winter?"

The Free Press reported Sept. 13 that the busy eastbound lanes of I-696 remain torn up amid the dispute, and with an estimated two and a half months of work required to complete the project, the Michigan Department of Transportation is increasingly worried the $90-million highway job — along with many other of the more than 100 road projects affected by the dispute — might not be finished before frost sets in and fresh concrete can no longer be poured.

The contractors on Sept. 4 locked out the union, which had been working without a contract, and the union said it won't negotiate with MITA on a new contract but wants to strike deals with contractors individually.

A union spokesman, prior to news of the meeting next week, said the idea of using the National Guard is ridiculous and if it happened, Michigan taxpayers would end up paying for the same work twice.

"We have nothing but respect for the members of the National Guard," but "the governor is bailing out the contractors rather than holding them accountable" by imposing penalties for project delays, said Dan McKernan, a spokesman for Local 324.

Though skilled, National Guard members don't have the necessary experience in freeway construction and should not be expected to intervene in a labor dispute, McKernan said.

Nystrom said the National Guard told him it has 1,300 heavy equipment operators, which he said is "more than enough" to complete some stalled projects and get others properly shut down for the winter, provided operators can be found to operate the specific equipment that needs to be used, some of which is very specialized.

The military could be at work on the highways early next week, he said.

"MITA is surveying its members to determine specific operator needs required to temporarily replace all (union) members in terms of numbers, qualifications and geographical needs across the state," Nystrom said.

Nystrom and Adler said taxpayers would not pay twice because deductions would be made to what the contractors are paid, to allow for the military labor they wouldn't have to pay for.

Adler said the possibility of charging the contractors late penalties for the work is still being examined. Such charges don't normally apply during a labor dispute, but officials are trying to determine whether a lockout should be treated differently, he said.

Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on Twitter @paulegan4.

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