Responsible Employer Bill Now Law in Boston Suburb

by Mike Hall, Jul 2, 2008

Top row from left: Ed Wright, Ironworkers Local 7; James McCallum, former alderman and retired president of Sheet Metal Workers Local 17; Alderman Robert Trane, Ward 7; Alderman Bill Roche, Ward 1; Dennis Sullivan, president, Board of Alderman; Tony Perrone, business agent, Laborers Local 22; Reese Thornton, member, Painters and Allied Trades District Council 35; and Reese Thornton’s son. Botton row from left: Rich Rogers, executive secretary-treasurer, Greater Boston Labor Council; Somerville Mayor Joseph Curtatone; and Frank Callahan, president of the Massachusetts Building Trades Council.

If construction contractors want to do business with the Boston suburb of Somerville, they must show they are “responsible employers” as a result of new contracting standards. The city’s Board of Aldermen passed the new contacting standards after Boston-area unions pressed for the legislation.

The new “Responsible Employer” ordinance, passed earlier this month and signed into law Monday, requires all contractors bidding on city construction work to provide worker health benefits, maintain a state-certified apprenticeship program and classify their workers as employees, not independent contractors.

Introduced in March, the contracting rules drew strong opposition from the anti-union Associated Builders and Contractors (ABC) and the Somerville Chamber of Commerce, says Rich Rogers, executive secretary of the Greater Boston Labor Council. The labor council, along with the Boston and the Massachusetts Building and Construction Trades Councils, joined to mobilize support for the responsible contractors ordinance. Says Rogers:

Working together with our building trades councils made all the difference. In addition, we generated a strong grassroots lobbying campaign that overcame the lies and half truths put forth by the ABC.

Frank Callahan, president of the Massachusetts Building Trades Council, says the ordinance will

create a level playing field, encouraging responsible contractors to bid on public projects without fear of being undercut by contractors who don’t play by the rules. This will give taxpayers added assurance that public projects will be completed professionally, safely, and efficiently.

Union members packed the board’s chambers at each of the hearings on the contracting rules and at Monday’s signing ceremony.

State laws require that contractors to abide by some of the same provision in the Somerville ordinance, but Mayor Joe Curtatone says some contractors dodge the requirements.

It’s increasingly clear that some construction contractors who claim to be following state labor regulations have been trying to get around provisions that guarantee worker rights and worker safety while ensuring the quality of the work done. This ordinance builds upon existing laws to promote workplace safety, fair wages and benefits for workers, and better worker training programs. It’s also a prudent investment in assuring the quality of publicly- funded construction projects.

If a contractor is found to be out of compliance with the ordinance, penalties include:

• Temporary suspension of work on the project and/or withholding of city payments until compliance is obtained.

• Permanent removal from any further work on the project.

• Fines equaling 1/10 of 1 percent of the general contract or $1,000, whichever is greater, per week until compliance is obtained.

• Barring violators from performing any work on any future contracts awarded by the city for six months for the first violation, three years for the second and permanently for a third.

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