Brother Thomas Flynn, a 25-year member of Carpenters Local 67, has been appointed by UBC General President Doug McCarron to the position of Political and Legislative Director. The appointment was announced by McCarron today at a meeting of Regional Council leaders.
"The UBC's gain is obviously NERCC's loss," said Mark Erlich, Executive Secretary-Treasurer. "Tom has been one of our shining stars, a valuable leader, and a great friend. As much as I am pleased that he will have this opportunity in Washington D.C., I recognize that it will be very difficult to fill his shoes in New England."
Flynn has served as the Political and Legislative Director of the New England Regional Council of Carpenters for eleven years. During that time he has also served as the Executive Director of the New England Carpenters Labor-Management Program and, since 2009, he was been the Regional Manager for the Boston commercial carpentry Local Unions. He has also been a member of the New England Carpenters Combined Benefit Funds and subcommittees of that fund. In 2010 he was elected to the Executive Committee of the New England Regional Council of Carpenters.
Prior to working for NERCC, Flynn was an Organizer and Business Manager of Local 67 and served in various positions on the Local Executive Board, including President.
The Stamford Advocate has run a significant story on the orders, as well as an excellent piece detailing the Department of Labor's efforts to confront extensive problems in the construction industry. Both are well worth reading and sharing.
Avilik Inc., Flagg World, M&M Construction, Pillar Construction, T.F. Andrews, Brothers Contracting, Continental Tile and Kitchen Classics were the companies cited for various violations of wage, hour, insurance or tax laws by the Department of Labor's Stop Fraud Unit. None of the companies are based in Connecticut. Some are only as close as New York, some have come from as far away as Maryland, according to the Advocate.
Three of those companies--Brothers Contracting, Continental Tile and Kitchen Classics--are being charged with violating a previous stop work order by going back to work without clearence by the DOL.
The project has come under intense criticism in Stamford, where citizens feel the developer and oher companies based in Harbor Point has been given too much control with little or no oversight. Union carpenters have started an online petition calling for Stamford Mayor Michael Pavia to step in and give residents more of a voice. Please read and consider signing the petition here.
While we love the convenience and immediacy of sharing news and information through the “Council Update” and on NERCC.org and social media platforms, we know not every carpenter is active online. So the New England Regional Council is committed to continuing to produce the New England Carpenter magazine and deliver it to every member’s home.
The latest issue of New England Carpenter magazine has rolled through the presses up in Salem, Massachusetts at Deschamps Printing. You’ll notice some changes in this issue, including some new design elements and more (and bigger) pictures of union members and union projects!
We’re featuring a cluster of stories about member involvement in area standards demonstrations and introducing the Union Participation Program, which will plug active members into ongoing union efforts to protect standards and win more work opportunities.
Carpenters who were cheated of tens of thousands of dollars in wages reached a settlement with Capstone Development and Cottage Builders yesterday to receive their pay. The companies are the owners and developers of the “Cottage of Durham,” an upscale housing project where the carpenters were employed. It will serve students attending the University of New Hampshire.
The carpenters solicited help in getting their pay after their employer, Builders Construction Services of Alabama, refused to pay them and then fired them and evicted them from company-provided housing when they asked for their wages.
The Carpenters union and local church, student and community groups supported the carpenters, holding a high profile march and demonstration last week. The event garnered significant local and regional media attention (link) that put Capstone under a public spotlight and raised questions about other troubles the Alabama-based company has had with college housing projects, including one in Connecticut.
“We’re happy that these carpenters are finally going to be paid,” said Joe Donahue a representative of the Carpenters Union in New Hampshire. “Wage theft is a real problem in the construction industry right now. It drives down industry standards and drives qualified people out of the industry. Capstone and other developers and general contractors need to be held accountable for the subcontractors they hire. They should implement better controls and have severe penalties for members of their building teams who break the law.”
A press conference and rally held by union carpenters and other church, student and community groups in support of unpaid construction workers from a Durham site drew dozens of people as well as multiple media outlets yesterday.
The event was planned to bring attention to a group of workers hired to work on construction of the "Cottages of Durham," upscale housing for students at the University of New Hampshire. It is being developed by Capstone Development/The Cottages of Durham.
The workers say that they worked for Builders Construction Services from Alabama on the site long hours for many weeks without pay. When they complained about nonpayment of their wages, they were terminated and evicted from their housing.
Supporters of the workers marched to Capstone's local office, where a company representative came out and claimed the company would look into the issue.
Statements made or issued during the day tried to distance project owners from accountability for the nonpayment of wages and the termination. But this isn't the first time Capstone has been called into question for payment issues regarding subcontractors.
According to an article in the Hartford Courant, work Capstone did for the University of Connecticut was marred by an investigation that found "25 of 30 subcontractors working for Capstone on the Hilltop Apartment complex were underpaid by nearly $1 million."
Future tenants of the Cottages of Durham should take note of UConn's experience with Capstone. The University had to sue in order to recoup what they estimated to be $25 million in necessary repairs or construction defects Capstone refused to return and fix leading to, among other things, safety code violations. A report estimated that Capstone ultimately agreed to pay almost $15 million to settle the suit, but that was after expending an estimated $800,000 in legal fees.
Union carpenters will join with church, student and community groups to hold a news conference today at 3pm at the Community Church of Durham (NH) at 17 Main Street to release information about serious violations of state and federal law--including non-payment of wages--at the "Cottages of Durham." The "Cottages of Durham" is a new student housing development for students of the University of New Hampshire. It is being developed by Capstone Development/The Cottages of Durham.
Construction workers at the Cottages of Durham describe multiple and flagrant violations of state and federal labor law.
These workers say that they worked long hours for many weeks without pay. When they complained about nonpayment of their wages, they were terminated and evicted from their housing.
Union carpenters stand in solidarity with these exploited workers and demand that Cottages of Durham/Capstone Development promptly pay these workers what they are owed in wages and overtime.
Volunteer carpenters recently helped the United Way with a major project in Framingham, MA, that will help struggling families in the surrounding community. The volunteers were an integral part of transforming the former Framingham RMV Building into the new United Way Cupboard and Café. The facility is capable of serving more than 1,000 customers a month.
Representatives from the United Way reached out to Carpenters Local 475 to help them renovate a 4,000 square foot space located at 10 Pearl Street in Framingham. Understanding all too well the growing need of families in their community, the carpenter volunteers were eager to help.
The remodel included 4,000 square feet of new ceiling grid and three styles of ceilings. Carpenters built new walls and door openings and installed 200 sheets of drywall and wood blocking. Work also included doors and hardware, including two exterior doors. An emergency exit door was cut out through block wall.
Local 475 member William Christopherson stepped up in a big way volunteering not only labor, but helping to coordinate various efforts throughout the project. He was at the facility nearly very day helping with the estimating of material, installation of the metal framing and drywall, ordering the doors and frames and directing the other volunteers.
Ted Seaholes, Local 475, also volunteered a significant amount of time at the project, at the site nearly every day. One particular aspect of the project he headed up was making new counters for the facility. Tom Quinlan, Floorcoverers Local 2168, helped coordinate the donation of 4,000 square feet of carpet squares, which were then installed by Local union members.
The Carpenters Union members as well as laborers from Local 609, who handled the demolition, combined for an estimated 3,000 volunteer hours on the project.
Although the United Way supports various food pantries across the region, this will be the first one it directly operates. This Cupboard and Café provides both a community-wide food pantry and a congregate meals program.
The United Way is committed to making people feel as comfortable as possible, recognizing that many families may find themselves using these services that they never imagined they would need. The facility offers a restaurant-like atmosphere for the hot meals dining area and there is a section of the food pantry that allows people to shop for their own produce, as they would in a grocery store.
The facility will provide additional services to the community. Cooking classes will be offered on site, showing shoppers how to make healthy meals out of their groceries. Clothing and books or children and offer other services such as courses on budget management, assistance with social services and parenting support.
The United Way was grateful for the help of all the volunteers that made the project possible and held a Grand Opening/Open House Program where they recognized the efforts of the volunteers. To learn more about the Pearl Street Cupboard and Café operated by the United Way of Tri-County, visit their website at uwotc.org.
A special thanks to the following members and signatory contractors who donated time and materials to this project:
Rick Anktell, Local 475
William Christopherson, Local 475
Harry Crone, Local 475
Scott Cunningham, Local 475
James Falconi, Local 475
Doug Frazier, Local 2168
David Grange, Local 475
Tom Henry, Local 475
Chris Iarussi, Local 475
Paul Iarussi, Local 475
Walter Jodrey, Local 475
Tim Kissane, Local 475
Kurt Niermeyer, Local 475
Tom Quinlan, Local 2168
Mike Rodgers, Local 475
Tom Rowley, Local 475
Charles Ryan, Local 475
Ted Seasholes, Local 475 American Acoustical Contractors Corp.
Central Ceilings, Inc.
Contract Flooring Installations, Inc.
Robert Fers/Brownstone Construction
Carpenters in Boston will be holding an area standards demonstration on Saturday, February 4 from 11am-1pm against Baystate Services, Inc. The demonstration will take place at the Marriott Copley Place on Huntington Avenue.
Carpenters in Boston will be holding an area standards demonstration on Thursday, February 1 from 11a-1p against Continental Construction. The company, which has been hired for renovation work at the Radisson Hotel does not meet area standards for carpenters' wages and benefits on all of its projects. The demonstration will take place at the Boston Radisson, located at 200 Stuart Street.
Carpenters in Boston will be holding an area standards demonstration on Tuesday, January 31 from 3-5pm against Baystate Services, Inc. The demonstration will take place at the Marriott Copley Place on Huntington Avenue.
Connecticut Carpenters will be holding an area standards demonstration against BAKER CONCRETE on Thursday, February 2nd from 10:00 am to 12:00 pm at Commons Park on Crosby Street across from 201 Park Place in Stamford.
Carpenters in Connecticut will be holding and Area Standards demonstration against ALLSTATE INTERIORS on Tuesday, January 31st, 10:00 am to 12:00 pm at Storrs Road Route 195 (Corner of Dog Lane) Storrs Center, Mansfield.
While Republicans Governors and legislatures in the United States mounted a withering attack on public sector workers in 2011, rates of unionization among workers in the country remained steady, with some potentially positive signs for the future.
John Schmitt and Jannelle Jones from the Center for Economic Policy and Research broke down the numbers (reporduced in a post on truth-out.org over the weekend). In the public sector, the number of union members declined slightly in 2011, but union density went up. In the private sector, which has seen a greater decline in union members and union density over the years, the number of union members went up with union density holding steady.
The numbers indicate that even though there are fewer union jobs in the public sector, union jobs are being cut at a lower rate than nonunion positions. The increase in the number of union jobs in the private sector is also a positive indicator that anti-union efforts were not as successful in 2011.
Time will tell if the numbers indicate a reaction to attacks on union rights, which exploded on the public scene in Wisconsin and other states early in 2011 or a manifestation of the same frustration with economic inequality that spurred the "Occupy" movements later in the year. But they are good news for American workers.
A little over a week ago, the Lowell Sun ran an opinion piece by Ron Cogliano, head of the Massachusetts ABC, a nonunion contractor association. The piece was spurred by NERCC bannering activity and negative media against CTA Construction. Cogliano used his piece to try to defend CTA and bash unions. Unfortunately, all of the negative information about CTA was completely true, as several newspapers have reported. Today, a piece by Mark Erlich sets the record straight for Cogliano and the rest of the Sun's readers.
Erlich's piece, as well as others about CTA and Pulte is being shared with attendees at this weeks Massachusetts Municipal Association's Annual Meeting and Trade Show in Boston, where the New England Carpenters Labor Management Program annually sets up a booth.
Union Carpenters in southwestern Connecticut held an area standards demonstration yesterday at Commons Park on Crosby Street in Stamford to bring attention the business practices of Baker Concrete. The Ohio-based company does not meet area standards for wages and benefits for carpenters on all of their projects.
Baker is currently performing concrete work as part of the massive development at Harbor Point. The owner and development of the project is Building and Land Technology (BLT). Baker Concrete is the latest in a string of questionable subcontractors used on BLT developments. Subcontractors on BLT projects have been the subject of at least eight "Stop Work Orders" for misclassifying workers and other violations. One subcontractor, Heritage Drywall, was ordered to pay more than $100,000 in owed wages and penalties on a BLT project.
Ted Duarte, a Representative of the New England Regional Council of Carpenters said trades workers and community members will be demonstrating because Baker Concrete's attempts to undermine area standards is not only bad for the area construction industry but the regional economy.
“Most workers on this project are from out of state and that’s obviously not a good thing for area residents," he said. "It's taking jobs from local people, taking money out of the local economy and undermining standards for local workers in the future."
The demonstration was covered by local media, including the Stamford Advocate and video of Duarte commenting at the site of the demonstration were posted on YouTube (see below)
A prominent article in the Boston Globe today revealed that state investigators are looking into the use and treatment of out-of-state shelter workers in the renovation of rooms at the Boston Copley Marriott. Union carpenters, painters and other union members have been demonstrating twice a week for months at the site against Baystate Interiors, Inc. of Woburn for undermining area standard for carpenters' wages and benefits.
Baystate is renovating several floors of rooms at the pricey downtown hotel owned by Host Hotels and using a California-based company named Installations Plus. Installations is using workers from a missionary shelter in Philadelphia to do work at the Marriott and allegedly violating wage and hour laws to do it.
The workers come from a drug and alcohol rehabilitation shelter in Philadelphia run by Victory Outreach International, an evangelical group based in the San Diego area.
“Our concern is that Host Hotels is trying to take advantage of the recession by bringing in out-of-state laborers to do work that has traditionally been done by local union tradespeople,’’ said Mark Erlich, president of the New England Regional Council of Carpenters.
The investigation is not the first trouble enforcement authorities have found on the site. The subcontractors working on the project--including Installations Plus--have been issued "Stop Work Orders" and paid fines for not having proper workers' compensation insurance.
Click here to view a NERCC-produced video about the demonstrations at the Boston Copley Marriott.
Union Carpenters in southwestern Connecticut were demonstrating today at Commons Park on Crosby Street in Stamford to bring attention the business practices of Baker Concrete. The Ohio-based company does not meet area standards for wages and benefits for carpenters on all of their projects.
Baker is currently performing concrete work as part of the massive development at Harbor Point. The owner and development of the project is Building and Land Technology (BLT). Baker Concrete is the latest in a string of questionable subcontractors used on BLT developments. Subcontractors on BLT projects have been the subject of at least eight "Stop Work Orders" for misclassifying workers and other violations. One subcontractor, Heritage Drywall, was ordered to pay more than $100,000 in owed wages and penalties on a BLT project.
Ted Duarte, a Representative of the New England Regional Council of Carpenters said trades workers and community members will be demonstrating because Baker Concrete's attempts to undermine area standards is not only bad for the area construction industry but the regional economy.
“Most workers on this project are from out of state and that’s obviously not a good thing for area residents," he said. "It's taking jobs from local people, taking money out of the local economy and undermining standards for local workers in the future."
Multiple enforcement agencies in Massachusetts today announced that five subcontractors employed by Pulte on sites in Eastern Massachusetts have been ordered to pay workers more than $400,000 in owed wages and make payments totaling $141,000 to cover unpaid taxes.
The order is the result of investigations that began after workers complained to Representatives of the New England Regional Council of Carpenters that they had been unpaid for extended periods of time. Workers went on strike at several Pulte locations and filed complaints with the state.
"The investigation fined five separate subcontractors, but the real culprit is Pulte Homes, a multi-billion dollar national homebuilder," said Mark Erlich, Executive Secretary-Treasurer of the New England Regional Council of Carpenters. "Those subs are interchangeable and were just doing Pulte's bidding. Cheating is Pulte's business model and, unfortunately, that approach is far too common in the residential construction industry."
Subcontractors that were part of the order include:
--AM Construction Services and its President, Adimar Demoura, age 32 of Framingham, allegedly failed to pay four workers a total of $15,331.50 for framing work done on private residential projects in Braintree and Plymouth. They were also fined $22,500 in penalties.
--Five Stars Construction and its President, Alexandre Miranda, age 40 of Trumbull, Connecticut, allegedly failed to pay two workers a total of $30,700 for framing work done on a private condominium project in Natick. They were also fined $30,000 in penalties.
--Nunes Brothers Construction and its President, Tiago Aguiar M. Nunes, age 28 of Brooklyn, New York, allegedly failed to pay 23 workers a total of $99,086.75 for framing work done on private condominium and single-family homes projects in Braintree, Plymouth, Natick, and Northbridge. They were also fined $112,500 in penalties.
--Seven Seas Group and its President, Jackson Croscup, age 55 of Fall River, allegedly failed to pay five workers a total of $10,333 for framing work done on a private condominium project in Natick. They were also fined $20,075 in penalties.
--Two Brothers Construction and its President, Wellington DeLima Borges, age 41 of East Natick, allegedly failed to pay six workers a total of $34,751.50 for framing work done on a private home development project in Plymouth. They were also fined $34,500 in penalties.
Investigating the complaints were Attorney General Martha Coakley’s Office (AGO), the Executive Office of Labor and Workforce Development (EOLWD), and the Joint Enforcement Task Force on the Underground Economy and Employee Misclassification (JTF). The JTF was established by Governor Deval Patrick through Executive Order #499 in March 2008 to coordinate multiple state agencies’ efforts to stamp out fraudulent employment activities by enforcing the state’s labor, licensing, and tax laws.
“All workers in the Commonwealth deserve to be paid for the wages they have earned, including their overtime,” said Attorney General Coakley. “We will continue to work together and take appropriate action to stop these unlawful business practices, level the playing field for companies and protect workers.”
“The Commonwealth is committed to insuring that all businesses carry both workers’ compensation and unemployment insurance coverage,” said Secretary of Labor and Workforce Development Joanne F. Goldstein. “We will not tolerate employers or developers who proceed without this coverage, which puts employees at risk and employers who play by the rules at a competitive disadvantage. The Joint Task Force will continue to take all necessary action to protect legitimate employers, employees and the taxpayers of the Commonwealth.”
As he campaigns to move from the United States House of Representatives to the Senate this year, Connecticut's Chris Murphy has been renewing and strengthening his relationship with union carpenters. Murphy was recently endorsed by the Working Families Party and hit the streets to push for more infrastructure fudning.
Murphy recently attended an event in New Milford with union carpenters other trades workers and construction employers highlight the need to fund repairs to the structurally deficient Veteran's Bridge and other neglected structures. The project would provide an economic boost through job creation. It would also start to tackle major infrastructure deficiencies that are dangerous, stifle growth and lead to more costly repairs later.
Funding to repair the Veteran's Bridge in New Milford is in place, but proposed cuts could lead to eliminating commitments to many projects, including the Veteran's Bridge, according to an article by the Danbury News-Times.
Local 24 Carpenter and Representative Chris Bachant is quoted in the article supporting Murphy's efforts to fudn more infrastruture construction, especially if local workers can made the beneficiaries.
Chris Bachant, a Waterford resident and union carpenter who was one of several dozen people to attend the event, said "things are very tough right now" in the construction industry.
"It's fantastic what Murphy is promoting," Bachant said. "But I think we need to go one step further and make sure that local people are hired for these jobs."
A recent bridge construction project near his home, Bachant said, was awarded to a company from Minnesota.
The Fifth Annual "Great 2012 New England Carpenters Ice Fishing Derby" has been scheduled for Sunday, February 12 at the Norton, Mass reservoir on Route 140. Organizers will be set up for registration with a NERCC banner by 5am. Power augers will not be allowed before 7 am, with awards and a shore drawing behind held at 2:10. Prizes will be awarded for the three heaviest fish of any species brought in alive. Registration is $20.
Applications are now being accepted for the 2012 New England Regional Council Scholarship Program. Last year 143 students applied and a total of $55,000 was awarded, including top scholarships of $5,000 and $3,000.
To be considered for an award, a completed application package must be received by 5:00 pm on April 13, 2012.
For details about the application process, click here.
Work by the members of Carpenters Local 275 and Turner Construction at the soon-to-be-open Wellesley High School was featured at the top center of Boston.com today. The online arm of the Boston Globe posted close to 20 large photos detailing various aspects of the project.
Carpenters in Portland, Maine, recently completed a substantial portion of a $75 million expansion project at the Portland International Jetport.
Turner Construction was the General Contractor on the 145,000 square-foot expansion project. The new terminal features four new departure gates, five security checkpoints, a sky bridge that connects the adjacent parking garage to the concourse, and a new roadway system with separate roads for inbound and outbound traffic. It will greatly expand the capacity for travel to and from Maine.
The project, which broke ground in May 2010, added nearly 80 jobs for union carpenters. Funding for the project came from existing fees being charged to passengers as well as stimulus money from the American Recovery and Reinvestment Act.
“This project came at a crucial time for our Local,” notes John Leavitt, the Business Agent for Local 1996. “We had several jobs fall through due to lack of funding. This project got a lot of members back on track.”
Built in 1968 and renovated twice, Portland Jetport was an ordinary looking commercial building, a mix of carpet, tile and concrete. The expansion project incorporated many modern design features including granite, wood, and lots of glass. The design is reflective of, and speaks to, the Jetport’s location in Maine.
The jetport has many environmentally friendly features, including a geothermal heating and cooling system, which will cut heating oil consumption by 50,000 gallons a year.
It is one of the greenest terminals in the nation. The airport plans to apply for Leadership in Energy and Environmental Design (LEED) Gold Certification. If it receives this certification, it
will be one of just two Gold certified airports in the nation.
Although the jetport opened its new expanded terminal in early October, the project is ongoing and it expected to continue in to the beginning part of 2012. Carpenters are currently on site working on renovations to the original terminal, upgrading the facility to help it match the look and feel of the expansion section.
Fifty millworkers who are members of UBC Local 8093 working for Indiana Limestone Company have been on strike through the holidays after unanimously rejecting a concessionary contract. Difficult economic times have forced many Americans and union members to watch wages and working conditions slip backwards. And though they have not blindly agreed to every concession demanded of employers, union members and Americans have been flexible and realistic in working with employers to strike a balance between business viability and protecting a decent standard of living.
What's at play in Indiana, though, may have less to do with recent economic conditions than it does with the move my many American businesses from family run and privately owned to investor owned or publicly traded.
Resilience is the new player in Indiana’s limestone industry. Like Mitt Romney’s Bain Capital, Resilience specializes in “flipping” mid-range “stressed” companies like Indiana Limestone. The private equity firm buys them up, strips them down, lowers their labor costs, and sells them to investors.
It’s the same process that has occurred throughout the country for the past 30 years, turning family-owned businesses into “lean and mean” concerns, in the process destroying good union jobs and shrinking the tax base in communities that are struggling to survive.
While company officials make the usual statements about being fair-minded corporate citizens, the fact is that there had been only one other brief strike in Indiana Limestone’s long history, while in two years Resilience had made it clear it was only about lowering costs in order to resell.
According to the article, among the concessions sought by Resilience are elimination of "just cause" standards for discipline and an end to safety meetings, though the work done can be extremely dangerous.
Varga's piece goes on to detail the context in which the strike is taking place. The state has been at the forefront of battles over rescinding collective bargaining rights and enacting so-called "right to work" laws. It has also seen some pushback from workers--both union and nonunion--as well as younger citizens who have become involved in the "occupy" movement.
New understandings and alliances have been forming between the workers and young people eager to get involved and make a lasting difference in the future.
There's no happy ending to the story, at least yet. And there may not be. But one can't help feeling there could be better results in the future if the conversations between workers and their neighbors continue, creating a better understanding of each other and the common problems they face.
The Nashua Telegraph yesterday published a piece by Mark Mackenzie, President of the New Hampshire AFL-CIO calling for a New Year's resolution to help workers in 2012. The piece was a good summary of what workers want and deserve, but aren't gettingin today's America. Click through to read the piece and consider sharing it with others.
Fed up with billions of dollars in lost tax revenue and a business community that is increasingly upset by being put at a competitive disadvantage, California is vowing to make a major push to crackdown on businesses that misclassify workers as independent contractors to avoid paying unemployment insurance, workers compensation coverage and other required feeds. The Los Angeles Times reports.
Our thoughts today are with James Rice. We offer our condolences to his family and friends and his fellow firefighters in Peabody. His bravery and commitment serve as an example to us all.
Hats off to Local 94 members Eric Furtado and Robert Andrioli who volunteered their time and labor to build a handicap ramp at a VFW Post in Providence, Rhode Island.
The Post is being reopened by local-area veterans. Creating handicap access to the facility was a crucial component of these preparations.
Union carpenters turned out for a selectman’s meeting in Ware, MA in opposition of the town’s decision to move forward with the hiring of PDS Engineering & Construction, Inc.. The Town of Ware accepted the bid of PDS for the general contract for its Fire Department, despite the omission of information in bid documents.
The New England Carpenters Labor Management Program filed the bid protest arguing that PDS made material omissions of four lawsuits from its Update Statement. The Update Statement covers matters between the contractor's last DCAM application for certification and the date of the bid. Bidders are instructed that they "must report all requested information not previously reported on that [most recent] application for Prime/General Certificate of Eligibility."
The AG’s office found that that PDS should have disclosed an ongoing personal injury lawsuit on its Update Statement. Normally such a decision would have required automatic rejection of PDS. However, based on the Supreme Judicial Court's decision in Fordyce v. Hanover, 457 Mass. 248 (2010), this finding the AG’s office determined that the Town of Ware has the discretion to accept the bid of PDS, despite the omission of information in their original bid.
From masslive.com:
Ware- A Springfield carpenters’ union opposes the town’s decision to award the general contract for a new fire station to PDS Engineering & Construction Inc., the lowest bidder, because the Connecticut company did not reveal in bid documents that it was involved in seven lawsuits.
The New England Regional Council of Carpenters Local 108 filed a bid protest with the state Attorney General’s office, which issued a report saying PDS notified the town of three ongoing suits but failed to mention four others, including one from a woman who claims she was injured by an improperly installed precast wheel stop.
The Lowell Sun reported on bannering by union carpenters, who were highlighting both quality issues with CTA and their questionable selection of subcontractors, at the Tewksbury Town Hall.
This is not the first time the company has appeared in the Lowell Sun. CTA received bad press in late October in regards to a school project in Billerica, MA.
Elected officials, community leaders and members of the construction community gathered to cut a ceremonial ribbon for the new Taunton Courthouse Friday. The new, 147,000 square foot LEED Certified building was completed well ahead of schedule and $6 million under budget by Daniel O'Connell's Sons using a Project Labor Agreement.
The building houses the Taunton District Court; Bristol County Juvenile Court; Bristol County Probate and Family court and the Southeast Housing Court.
Included among the attendees were: Lieutenant Governor Tim Murray, State Seantor Mark Pacheco, Secretary of Administration and Finance Jay Gonzales and Carole Cornelison, Commissioner of the Massachusetts Department of Capital Asset Management.
John Cunningham, Business Manager for Carpenters Local 210, has written an opinion piece, published in the Stamford Advocate today highlighting some very dangerous trends in the area's construction industry. A young trades worker was killed when he was blown off a roof in a very preventable accident. He and his brothers were owed more than $6,000 in wages, according to reports. Stop Work Orders issued against contractors who don't carry workers' compensation insurance for their crews or who misclassify workers to avoid payroll taxes and their share of other "safety net" programs are becoming more and more common. Major projects being done by major developers are involved.
The last few months should serve as something of a wake-up call for everyone from workers to elected officials and everyone in between. It is especially necessary that general contractors, construction managers and developers begin to pay more attention to what is actually happening on their sites.
Union carpenters have also begun to make more noise in the streets, demonstrating and asking people to pay a more attention to these very serious issues. The industry needs basic standards for how work is done and how workers are treated. Contractors who only focus on getting jobs, investors interested in only profits and elected officials interested in only ribbon cuttings and job creation statistics can not be relied on to follow through. Union carpenters intend to lead the fight.
December 16, 2011
FOR IMMEDIATE RELEASE
CONTACT: Mark Erlich
Carpenters continue mass demonstrations at Marriott Copley
Members of the New England Regional Council of Carpenters, Painters District Council #35 and other Boston Building Trades unions will be demonstrating at the Marriott Copley Place this Saturday, December 17 from 11am-1pm to call attention to substandard conditions for construction workers renovating 1100 hotel rooms. Demonstrations featuring as many as 200 members have been held two to three times a week for the last month and will continue indefinitely.
Host Hotels, the owner of the downtown hotel, hired Baystate Services, Inc as a general contractor. Baystate and its subcontractors pay substandard wages, and minimal or no benefits. In addition, many of the subcontractors illegally misclassify their employees as "independent contractors", a violation of state and federal tax and insurance laws. Three subcontractors on the site, RB Wallcovering, of Jacksonville Beach, Florida, Jayson Connor, a Marshfield, MA flooring contractor and Installation Plus, a Corona, CA contractor were issued Stop Work Orders (attached) by the Massachusetts Department of Industrial Accidents within the last five weeks for failure to properly cover employees with workers’ compensation insurance.
“Host Hotels is part of an unfortunate trend to drive standards down and jeopardize middle-class careers in construction," says Mark Erlich, Executive Secretary-Treasurer of the New England Regional Council of Carpenters. "Host is taking advantage of the recession to bring in low-waged out-of-state workers and hiring contractors that participate in the growing underground economy.”
“If guests used the same logic as Host Hotels—that price was the only issue for making a decision—would any of them stay at the Copley Marriott?" asks Jeffrey Sullivan, Business Manager of Painters District Council 35. "Guests pay up to $400 a night while these trades workers make as little as $12 an hour. With room occupancy in Boston back to pre-recession levels, Host has no excuse for these kinds of choices."
Video of past demonstrations can be viewed in the nercc.org video gallery under the “Workers Rights” heading.
Our thoughts today are with Jon Davies. We offer our condolences to his family and friends and his fellow firefighters in Worcester. His bravery and commitment serve as an example to us all.
Connecticut State Police last week arrested John Dosky on multiple felony charges of nonpayment of wages for work performed at the Chelsea Piers project, according to the Stamford Advocate. Dosky is the owner of American Building Group, for whom Javiar Salinas was working when he was killed in late October after being blown off a 50-foot roof by wind. Salinas was not wearing a harness or any safety equipment and no ABG employees were given safety training.
Salinas and his brothers are owed close to $8,000 from Dosky and American Building Group, which was one of three companies on the site issued Stop Work Orders after the accident for misclassifying workers as independent contractors.
Chelsea Piers is a high profile sports complex being built on 28 acres of land that formerly housed offices and manufacturing for the Clairol company. Just hours before Salinas' death, NBC Sports announced plans to move 450 jobs to the site.
Union carpenters have been demonstrating regularly at the Chelsea Piers site and plan to be front and center for Dosky's court appearance on Wednesday.
Union carpenters joined by union painters, electricians and members of UNITE/HERE (hotel workers) will continue to demonstrate against the undermining of area standards at the Boston Copley Marriott hotel. Bay State Interiors has been hired to renovate rooms and does not pay carpenters area standard wages and benefits on all of its projects. More than 200 workers turned out at a demonstration last week and another 100 attended a demonstration Tuesday. Demonstrations will be scheduled regularly each week, including this Wednesday from 3:00-5 p.m. and Saturday December 17, 2011, 11:00am-1:00pm.
Still trying to explain away their use of a debarred contractor on a school project in Billerica, CTA construction is now getting bad press in nearby Burlington, Massachusetts. The Burlington Patch reported on bannering by union carpenters in front of the Memorial School, who were highlighting both quality issues with CTA and their questionable selection of subcontractors.
In addition to their decision to hire Action Floors both in Billerica and Burlington, CTA also let out work in Burlington to Advanced Walls and Ceilings, a company that has twice been cited and fined by the state for failing to adhere to wage laws.
Action Floors and CTA came under fire in Billerica when the engineering firm hired to work on the project sent a scathing letter criticizing supervision of the project and the poor work done as a result.
Earlier this week, President Barack Obama gave a speech in Osawatomie, Kansas. The full text of the speech is available here on the Washington Post’s site. It’s worth reading at least a bit of it because it’s widely believed it contains the major themes Obama plans to feature in his re-election bid next year. That should be good news for most Americans.
The speech references President Teddy Roosevelt, who not coincidentally gave a significant speech in Osawatomie himself, and compares some of the philosophies and battles Roosevelt took on when he was president to current day issues to which Obama seems to be rededicating his efforts. The speech references both Tea Party and Occupy movements, taking advantage of the change in the national political dialogue perhaps begun by the former and energized by the later. The themes and principles Obama espouses and recalls from Roosevelt will sound familiar to most union members, making it that much more meaningful that they are coming from the President of the United States.
If you think a crackdown on illegal immigrants will help Americans by opening up job opportunities, you may be right. But it's not going to help most unemployed Americans. What it might do is reveal some of the real reasons immigration reform has been stalled: employers really like very cheap, very vulnerable workers. Have you heard what’s going on in Alabama, where immigrant farm workers have fled after a tough new immigration law was passed? Here’s a hint: it isn’t lower unemployment and higher wages.
Misclassification of workers is rampant in the construction industry. If you are a union carpenter, you and your fellow Brothers and Sisters are being denied work opportunities because of this issue. It is used as a tactic by nonunion subcontractors who do it to artificially lower their bids. Union contractors--and nonunion ones that play by the rules--are put at at significant competitive disadvantage.
Click below to see a story done by CBS News about how misclassification is being used in the trucking industry. Though it is a different industry, the story gives a very clear idea of how and why employers use this kind of scheme in the construction industry.
Union Carpenters in the Stamford, Connecticut area turned out in force yesterday to call public attention to problems at Chelsea Piers, where a worker was blown off a 50-foot unfinished roof in October. The worker, Javier Salinas, was not wearing a harness or other safety equipment when a strong wind blew him off, causing multiple blunt force trauma, causing his death. The accident was completely and easily preventable and Salinas' death was tragic and needless.
AP Construction hired American Building Group, for whom Salinas and two of his brothers were working. Following the accident, American Building Group and two other subcontractors on the site were issued "Stop Work Orders" for misclassifying workers as independent contractors or nonpayment of wages. American Buidling Group promised to make a donation for Salinas' funeral, but reneged.Sadly, two of the workers owed money were Javier Salinas' brothers, who were owed more than $6,000.They wre going to use that money to provide a decent burial for Javier.
Chris Bachant, a union carpenter from Waterford, stood near the McDonald's parking lot and held a large sign addressed to AP Construction that questioned whether the company "manages" profits or safety.
"It doesn't matter to me whether someone is non-union or union," he said. "I don't want to see someone get hurt."
Ted Duarte, a union organizer at the New England Regional Council of Carpenters, said the unethical and illegal methods used by some contractors to shave operating costs end up hurting licensed, unionized construction workers, who must undergo safety training and keep up their certifications. The practices undercut local contractors, he said.
"If you play by the rules, you're not playing on a level playing field," Duarte said.
A news story on a FOX affiliate in Wisconsin focused on the need for craft training in the state. The state's education superintendent visited a training center for the North Central States Regional Council of Carpenters, a UBC affiliate, where apprentices are learning AND earning. Union apprentice Evan Gibbs is highlighted in the piece, talking about how he came to be an apprentice and what it will mean for his future.
Legislative leaders in New Hampshire today fell short of the votes needed to override Governor John Lynch's veto on Right to Work legsilation. The result is that New Hampshire will not become a Right to Work state.The vote was 240-139 to override the veto, short of the neccesary 2/3 required. Speaker William O'Brien had promised a swift override of the Governor's veto, but failed to call for a vote through the spring and summer, prompting many to believe that he could not muster the votes to override. Today was one of the final two active days of the current session, meaning if he did not bring it to a vote, the bill would have to be refiled fro scratch in the next session.
Texas Governor and GOP Presidential hopeful Rick Perry addressed legislators and voiced his support for the override vote just an hours before the effort failed, earning boos as well as cheers. Another Republican Presidential candidate, former Utah Governor Jon Huntsman, also spoke to legislators and urged them to support Right to Work by overriding the Governor's veto.
The judgement of both might be qustioned, given that news articles and talk around Concord seemed to indicate O'Brien was certain to fall several votes short, with most legislators holding firm and well known positions on the issue.
The New England Regional Council of Carpenters is proud to be a participating member of the Helmets to Hardhats program, offering training and career opportunities to military veterans.
Piledrivers Local 56 held a Pinning Ceremony on November 28, 2011.
The member in attendace who received a pin for the most years of service was Brother Alfred Arsenault, who initiated into the local in 1946. He received a 65-year pin.
For a complete list of members recognized, click here.
Right to work supporters are planning a major event in Concord on Wednesday to coincide with a vote on Right to Work legislation for New Hampshire. There are rumors that Republican Presidential Candidates will attend this rally.
We have beaten back this efforts before and need to do it again. But we need to ensure that our voices are heard and our faces are seen. Please join us Wednesday at 8am in front of the State House for a demonstration in support of workers, in support of unions and against Right to Work.
Again, that’s this Wednesday, November 30 at 8am in front of the State House in Concord. Thank you.