The Ypsilanti Courier
A Heritage Newspaper
Weekly Publication
Debate rages over contractor
By Kathleen Conat, Special Writer
PUBLISHED: March 20, 2008
The district's contract with Wolgast Corporation for services as construction manager of the 2007 Bond Project was the main topic of discussion at last week's meeting of the Ypsilanti Public Schools' Board of Education. Wolgast is known as an anti-union company.
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At the center of the discussion was a proposed resolution, drawn up by one of the district's attorneys, which had been requested by the board at the previous meeting. In that previous meeting, the trustees had asked that the resolution delineate the expectations of the board regarding the use by Wolgast of local, unionized workers.
The proposed resolution presented stated:
"...When determining which bids to accept relating to the construction of the Project, the School District shall accept the bid of the contractor who is the lowest responsible bidder in accordance with applicable laws. In the event the School District determines that more than one contractor has submitted bids that are equally the lowest responsible bid, than the School District shall give a preference to, and accept the bid of, the contractor who proposes to utilize the largest number of local union laborers.
"...The School District shall require any contractor or subcontractor working on the Project to pay prevailing wages in accordance with applicable laws, understanding that the School District shall have no obligation to monitor, review or oversee in any way the payment practices of such contractors and subcontractors pursuant to applicable laws."
Greg Stephens, business manager of the International Brotherhood of Electrical Workers, said the resolution "gives unscrupulous contractors the license to steal."
Several speakers opposed the resolution and asked the board to require contractors sign a Construction Unity Board agreement.
The CUB is an alliance between various union locals that are collectively known as the Washtenaw County Skilled Building Trades Council, and the contractors in Washtenaw County and Great Michigan area who rely on skilled union trades. A CUB agreement sets specific work rules designed to protect workers and contractors.
Speakers also asked the board to insist on a certified payroll to assure workers will be paid prevailing wage.
Trustee Andrew Fanta, an attorney himself, agreed, insisting the resolution should be amended to include the issues of certified payroll, a CUB agreement, an audit to be paid for by the unions and wages calculated on the prevailing rate.
"The term 'responsible bidders' leaves us open to litigation," he added.
Superintendent James Hawkins said it was up to the board to make a determination on what constituted a "responsible bidder."
He also said the unions had other avenues in which to pursue being paid fairly, including state agencies.
He said the resolution was intended to show good faith on the part of the board. "You are not required to police the management company. You can still support the union," he said.
Trustee Tom Reiber insisted he wanted language requiring a certified payroll in the resolution.
"A certified payroll doesn't mean we'll be policing," he said. "We should just require it."
Trustee Sarah Devaney asked, "What would be the downfall of having specific language in the resolution?"
Hawkins said he could not answer that and the questions would require an attorney.
Vice President Linda Horne noted the requirements need to be clear to bidders. She asked how soon the resolution could be discussed with the policy committee and how this would affect the project timeline.
Fanta said sending the resolution to the policy committee would speed the process of resolving these issues. President David Bates noted a special meeting could be called to pass the resolution, should it be needed.
Greg Van Kirk of Plante & Moran agreed with Hawkins that the unions could "wave red flags and go through state agencies" to seek redress and challenge inappropriate actions by the Wolgast company. He said the timeline would be affected because a delay would interrupt the work at Perry and Estabrook schools.
When asked by Reiber if including certified payroll in the resolution would disrupt the work, Van Kirk said the board would have to consult an attorney.
Fanta said he did not want to be "stampeded into a decision because of the timeline." He also said he did not want to review every individual contract if the board could have one policy to cover the issues.
"But this resolution has problem after problem after problem," he said. "It says nothing."
Reiber agreed, saying there needed to be a policy that would cover future events, as well as the immediate issue. He added this policy needed to be formed as soon as possible.
Trustees Floyd Brumfield and Devaney, along with Vice President Horne agreed with Reiber. Fanta then moved the resolution be sent to the policy committee, which was to include an attorney in the Wednesday, March 12 meeting. Kathleen Conat is a longtime Ypsilanti resident and freelance writer for The Courier. She can be reached through editor@ypsilanticourier.com.
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