Driving down Broadway Ave. during the first week of the semester, it was hard to ignore the giant white banner on the side of the road reading “SHAME ON BSU” in all capital letters.
Labor Union Carpenters 635, the group behind the banner, alleges Boise State is not meeting area labor standards for carpenter craft workers. A flyer that was handed out by individuals at the banner reads, “Shame on BSU and Summit Wall Systems Inc. for contributing to erosion of area standards…”
The Union claims that Summit Wall Systems INC is using a second-tier subcontractor named JM Drywall Solutions that is misclassifying workers as independent contractors, allowing contractors to evade payroll taxes and workers’ compensation. The union argues these practices make it difficult for ethical contractors to compete and lead to dangerous working conditions.
Gilles Arouxet, lead representative with the Western States Regional Council of Carpenters, which represents 12 states and close to 100,000 members, explained the banner seeks to spread awareness of what the union believes are unethical practices.
Arouxet said he had a cold visit with a project manager at the YMCA, another project under Andersen Construction, who acted as a general contractor and hired Summit Wall Systems, who then called on JM Drywall Solutions to supply labor, to discuss these practices.
“The response [from the project manager] was, ‘I met with the subcontractor. They provided all the paperwork and documents they need from this second tier subcontractor, and we’re good with what they provided,” Arouxet said.
As a result of the visit, Arouxet’s team sent out a Notice of Labor Dispute to Andersen, Boise State and Summit. In an email, Arouxet claimed Summit sent a letterhead stating they were utilizing JM Drywall Solutions as a labor service in what Arouxet said was an effort to shift the focus onto JM Drywall, confirming the union’s concerns.
“We reached out early before the project started to the Boise State Public Works Department to let them know hey, we wanted to have a sit-down and say wanted to make you aware that you guys have a subcontractor here [North End Zone Project] that was on your BSU student housing building that was using a labor broker … we didn’t get any response.”
The Union emailed Andersen’s team asking if the company was aware that, for a publicly funded job, subcontractors must have a public works license. Andersen said they would give their subcontractors a notice to cure or would “kick them [JM Drywall Solutions] off the project” by Dec. 29.
The following statement was provided by Stephany Galbreaith on behalf of Boise State University.
“We became aware of the union’s concerns with various projects throughout the Treasure Valley and a construction project on campus. We immediately met with the primary contractor, and are confident that our project and its workforce are in compliance with all labor laws and regulations. The university remains committed to responsible practices and a respectful work environment. We respect the right to peaceful protest and value open dialogue.”
The flyer handed out at the banner urged individuals to contact Drew Alexander, Associate Vice President for Campus Operations and ask that he “change the situation and see that area standards are met for construction work on projects they are involved in.”
Drew Alexander, Associate Vice President for Campus Operations, was reached out to for comment, but did not respond in time for publication.
Arouxet said the union is committed to building the industry and establishing ethical construction practices.
“This is our industry. We represent carpenter members, close to 900 here in Boise, as well as the contractors that employ these members. We’re not going to turn our back on them and the industry. We’re trying to build the industry,” Arouxet said
Arouxet said Andersen said they would remedy the issue as of Dec. 29 by either having their subcontractor get workers on payroll or removing them from the job.
However, Arouxet said he has had no way of verifying this.
The biggest remedy to this issue would be a state statute, he said. Most states have certifiable payroll requirements on construction projects and Arouxet described it as a “quick fix.”
When asked whether the union would put any pressure on legislators this session, Arouxet explained that, as it seems most attention will be allocated toward Idaho’s budget, this wasn’t the session to present something.
The Arbiter will continue to report on this issue.
At the request of Gilles Arouxet, a clarification was made on Feb. 3 at 5:13 p.m. in reference to the order of events occurring between the Union and Andersen Construction. A specification was made that JM drywall is a second-tier contractor and that the cold visit with Andersen was with the project manager for the YMCA, not the North End Zone project.
