Over Laborers’ concerns, Mendota Heights district awards work to ‘problem contractors’

LaborersUnion-logo150x150School board members in Mendota Heights yesterday awarded construction contracts to two firms despite concerns about unsafe working conditions and poor oversight on other projects handled by the contractors.

Independent School District 197 accepted bids to oversee renovation work on two elementary schools from Derau Construction and Ebert Construction – both “problem contractors,” Mendota Heights parent Brian Brunette told board members during a listening session prior to last night’s board meeting.

“They both have a history of poor performance,” said Brunette, a member of Laborers Local 563. “I value my tax dollars, and I think every citizen in Mendota Heights School District deserves more.”

The Laborers District Council of Minnesota and North Dakota distributed a packet of information prior to the meeting that included eyewitness accounts and photo evidence calling into question worker and public safety on Derau and Ebert job sites. Brunette and Kevin Pranis, the council’s organizing director, warned that both contractors carry significant baggage, including, in Derau’s case, an acknowledged incident in which a child repeatedly performed dangerous work on a school construction site.

Derau and Ebert have established a “pattern of going from one school district to another after doing substandard work” and “creating problems that far exceed the savings” provided by their low bids, Pranis told board members.

Derau and Ebert are non-union contractors, but that’s not why the Laborers chose to sound the alarm, Pranis said. Doing business the right way has its costs, and by accepting bids from “problem contractors,” districts like Mendota Heights lower standards in the industry, making it harder for responsible contractors – union or non-union – to get work.

Everyone makes mistakes?

Board members at the listening session acknowledged they were mostly unaware of the allegations against Derau and Ebert – including the well publicized incident with the minor – until being approached by the Laborers union. That prompted St. Paul Regional Labor Federation President Bobby Kasper to question the district’s process for reviewing bids.

“If there is a better procedure to screen these contractors, I ask you to do that,” Kasper said.

At the meeting, board members were unanimous in voting to award the contracts to Derau and Ebert. Board Chair Mark Spurr thanked the Laborers’ for voicing their concerns, but said allegations are just that.

“Is there, in fact, documented proof of a pattern?” he wondered. “I don’t know any contractor who has never made a mistake.”

Spurr added: “Without a citation from state regulators, it’s a little bit hard for me to use that as a basis for saying, ‘You’re not a responsible bidder.’”

But Mike Wilde, director the Fair Contracting Foundation of Minnesota, said school districts and municipalities do, in fact, have discretion when it comes to setting standards and rejecting bids from non-responsible contractors.

“School boards have the legal authority to reject a bid from a problem contractor,” Wilde said. “The question is whether the board is willing to use it. When entering into a large public construction project, the quality of service should be a top consideration. The school district’s discretion should be used when it can avoid problems that have occurred on similar projects.”

‘Makes me sick’

The board’s decision not to exercise that discretion disappointed several residents who attended the meeting, including members of Service Employees International Union Local 284. Many expressed disappointment the board would dismiss a union’s concerns after union members volunteered their time to help pass funding referendums in recent years.

“It just makes me sick,” Brunette said. “I voted for the last school referendum. I put a sign in my yard. I can’t believe the district would give our money to these characters. Our kids deserve better.”

Board members thanked the Laborers for voicing their concerns and pledged to keep an even closer watch on Derau and Ebert as the renovations move forward.

“We’re going to be making damn sure this job is done to spec,” Spurr said.

Laborers press Minnetonka school board to investigate child-labor charges

5631_Laborers_1Laborers Local 563 today called on the Minnetonka School Board to commission an independent investigation into possible violations of state and federal child-labor laws stemming from construction work at district’s Scenic Heights Elementary School.

Earlier this month, the Laborers notified state and federal regulators, as well as the school district, that a minor was apparently working on the Scenic Heights job site without safety equipment. The district responded, claiming the minor in question was a 17-year-old who was assisting his father, owner of a subcontracted firm doing work on the project, in full compliance with state labor laws.

After reviewing public records, however, the Laborers released a statement today calling the district’s conclusions wrong, misleading and deeply disturbing.

According to the union, records not only indicate that the boy in question is 14 and not 17, but they also indicate that he is not the son of the listed owner of the subcontractor, a potential violation of state child labor laws.

The union shared its findings with state and federal investigators looking into potential violations, as well as Minnetonka Schools Superintendent Dennis Peterson. According to the union, Peterson acknowledged the boy was not 17 but maintained that the boy’s employment was lawful.

The union’s statement claims the superintendent “indicated that he believed the boy’s father was a part-owner of Scott’s Concrete & Masonry Construction, but even if that were true, it would not appear to make the boy’s employment legal under Minnesota Administrative Rules 5200.0930 which requires that the employer be ‘totally owned by one or both parents.’”

Tim Mackey, business manager of Laborers Local 563, noted that the district is ultimately responsible for managing the project at Scenic Heights, and he questioned “whether the administration is more interested in maintaining cozy relationships with non-responsible contractors than protecting children.”

“We intend to pursue this issue until we are confident that no more children will be put at risk and that the responsible parties have been held accountable,” Mackey added.

An independent investigation, the union said, would send a message that the Minnetonka School District does not tolerate use of unsafe child labor, and help restore public confidence in the district’s management of its construction projects.

“It boils down to this district turning a blind eye to reports of blatant violations of child labor laws in order to cut corners,” Mackey said. “To acknowledge a problem and not do anything about it should be concerning to everyone including parents and taxpayers. How many other problems are happening on district projects that haven’t been discovered yet?”

Delegates debated beer’s ‘intoxicating effects’ 75 years ago

This headline from The Union Advocate’s Feb. 16, 1939 edition immediately caught our eye: “Assembly Opposed To Defining Beer As Intoxicating.”

Turns out, the headline was a bit misleading. The article reported that St. Paul’s central labor body, the Trades and Labor Assembly, passed a resolution opposing a bill before the Minnesota Legislature to define so-called “three-two beer” – beverages with 3.2 percent alcohol content or less – as intoxicating.

Unions joined the brewing industry in opposing the measure, which would have placed limits on the sale of beer “for the benefit of the hard liquor interests.” Whiskey distilleries, The Advocate reported, were not nearly as unionized as breweries, which were “practically 100 percent union throughout the nation” at the time.

“Proponents of the motion declared that such a law would drive hundreds of places out of business by reason of high license fees with consequent curtailment of employment in the brewing industry,” The Advocate reported.

We’ll drink to that.

[The Union Advocate’s “This Month in the Archives” feature offers a look back at what the newspaper was reporting from 5 to 100 years ago. Our digital archives are online, searchable and free to anyone. Click here for access.]

75 Years Ago: Café owner accused paper of libel

The Advocate’s coverage of wage theft at a St. Paul eatery drew charges of libel from the establishment’s owner in February 1939.

Workers at Gentile’s Café, a union shop on Payne Avenue, signed sworn affidavits in support of The Advocate’s reporting, the newspaper reported in its Feb. 9 edition.

The affidavits confirmed owner Charles Gentile had forced employees to endorse the backs of their paychecks without seeing the amount on the front. Gentile would then cash the checks himself and return a different amount to the employees, “holding out whatever he thought the employee would approve through fear of losing his or her job.”

The claims of libel were strange, given that Gentile had already reached a settlement with the Hotel and Restaurant Employees union, which called for the café to pay $350 in back wages to its workers.

Just because Gentile had made things right with his workers, The Advocate argued, did not change the facts of the story.

“In publishing the story … the Union Advocate followed its usual course in giving publicity to an affair of vital importance to organized Labor,” The Advocate reported. “Such publications are made for the sole purpose of serving as a deterrent to others against chiseling on union agreements.”

Charles Gray, director of the Asian-American Free Labor Institute, AFL-CIO, gave a presentation at the University of Minnesota.

Charles Gray, director of the Asian-American Free Labor Institute, AFL-CIO, gave a presentation at the University of Minnesota.

25 Years Ago: Spotlight on child labor

The Union Advocate put a spotlight on child labor in its Feb. 20, 1989 edition, reporting on a speech delivered by Charles Gray, director of the Asian-American Free Labor Institute, AFL-CIO, at the University of Minnesota.

“Kermit the Frog, Mickey Mouse and the California Raisins can bring smiles to the faces of American youngsters. But in developing countries, these toys represent misery for the young girls and boys who spend long hours toiling to produce them,” Union Advocate Editor Barb Kucera wrote.

Gray’s speech detailed long hours, low wages and sweatshop conditions endured by children working in Asia’s developing countries, particularly China, Hong Kong and Thailand.

“An average work week for a 12-year-old girl in such a factory runs from 7 a.m. to 10 p.m., seven days a week. The girl receives a one-hour lunch break and often sleeps right on the factory premises in makeshift dormitories housing dozens, sometimes hundreds, of children.

“During the Christmas rush to get toy orders to the United States, the young workers have been ordered to put in 24-hour shifts,” Gray said.

International political pressure, he added, would be crucial to eliminating child labor, as it can help bring about the economic change that he called “the only real solution to the problem.”

“The real solution to child labor is prosperity,” Gray said. “The key is for Mom and Dad to have a job.”

100 Years Ago: Contractors pushed for ‘open shop’

St. Paul Carpenters Union Local 87 ramped up its efforts to strike an agreement for labor peace with the city’s Master Builders association in February 1914, and The Advocate’s Feb. 27 edition documented an exchange of letters between the two sides on its front page.

Representatives of the contractors’ group, however, declined the union’s offer to meet and negotiate a new agreement, prompting charges from the union they were pushing for an “open-shop” system.

Local 87 leaders warned the contractors – and the public – that such a push would be met with stiff resistance. “It is manifest that the Carpenters’ union is opposed to any disturbance in building trades activities in St. Paul this year, and if any upheaval or unpleasantness should come the Master Builders’ association will be wholly responsible for it.”