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Video: Undercover video shows union issues

by: OMER GILLHAM World Staff Writer
Sunday, October 04, 2009
10/4/2009 4:01:26 AM

An undercover video obtained by the Tulsa World shows a local drywall company official referring an undocumented worker to a subcontractor who is believed to provide workers for company construction projects.

The Arkansas Regional Council of Carpenters submitted the video to the World showing a foreman for Green Country Interiors Inc. directing an undocumented worker to a subcontractor.

The video is part of the carpenter union's campaign to raise awareness about alleged substandard pay by Green Country, a nonunion drywall contractor, working on numerous high-profile projects around Tulsa. The carpenter union is affiliated with the Local 943 Carpenters Union.

The union campaign began in April 2007 and has involved individuals holding up banners and signs at the Crowne Plaza Hotel, Mayo Hotel and other businesses hiring Green Country for work or that have a connection to David Hannagan, the company's owner.

Wiley Lee, director of special projects for the union, explained how the hidden video reveals the alleged hiring or contracting practices of Green Country Interiors.

"Companies like Green Country use labor brokers called subcontractors to hire these undocumented workers who do not pay taxes and who are vulnerable to exploitation and abuse if they try to speak up," Lee said. "This results in driving down wages and benefits and it also costs taxpayers who must pay for services that the workers use at hospitals and schools."

Hannagan said that his company does not employ undocumented workers or subcontractors who use undocumented workers. He identified the person on the video as Gary Leflore, a foreman and Green Country employee.

"I was surprised that Gary answered the way he did (on the video)," Hannagan said. "He should not have said what he said. We have contacted all our foremen to reiterate that they cannot hire or fire anyone, including subcontractors. All the hirings run through one person to approve hirings. It is not our policy nor practice to use undocumented workers."

Hannagan added: "This is all a setup. This is part of the harassment by the union. Nothing else is working. They have spent $2 million in two years trying to force us into a union contract."

Leflore did not return calls made by the World.

The carpenter's union shot the hidden video on April 2, 2009. Lee said the person wearing the hidden camera is a U.S. citizen and union worker, posing as an undocumented worker. The person has asked to remain anonymous.

In the video, the worker walks up to a Green Country job site and asks about employment. He is met by Leflore.

Leflore tells the worker that he must apply at Green Country offices. But the worker says he has no worker documentation papers.

At that point, Leflore says "Then you might have to go through a subcontractor, and I got all kinds of them." Leflore is shown leading the worker inside and giving the man names of subcontractors for possible work.

"This guys works for me," Leflore says, and then gives contact information to the worker.

On the video, one of the contractors is identified as Arturo. The World called Arturo, who goes by Arturo Valdelamar, 30.

"I do not use undocumented workers," said Valdelamar. "They must show me an ID. I no longer do work for Green Country. I am now cooking tacos and burritos." In addition to being a cook, Valdelamar said he has operated a local drywall company.

He said he employed up to five drywallers at a time when he did drywall work. Valdelamar said he lives in Tulsa and has a valid visa.

Lee said: "From what we can tell, he's one of the larger labor brokers providing workers to Green Country and other subcontractors in Tulsa."

Hannagan confirmed that Valdelamar's company and a second company mentioned on the video, Old Country Construction, have done work for Green Country. On the video, Leflore refers to "Martin" and Old Country Construction as a Green Country subcontractor. The World attempted to contact Old Country owner Martin Rubio, but calls were not returned.

"If you are looking at us then you have to look at the union too because they use the same subcontractors that we use," Hannagan said.

The carpenters' union selected Green Country for its area-standards campaign after studying the area and determining that the company is winning numerous, lucrative bids for drywall work, Lee said. Green Country Interiors is a nonunion shop that employs about 220 carpenters, drywallers and laborers. The Tulsa company has annual revenues totaling between $30 million and $40 million.

No governmental agency has announced a formal investigation into the video.

"We have shown the video to the city, the state and the federal government," Lee said.

Lee believes the video clearly shows the potential for violations of contracting with undocumented workers.

On May 5, Lee and other union representatives showed the video to a gathering of city council members, the city attorney, state Labor Commissioner Lloyd Fields and other city officials. The meeting was called by City Councilor Dennis Troyer.

"The video tells me that GCI is hiring illegal workers or using subcontractors to do it," Troyer said. "They are getting around U.S. labor law.

Fields said the video appears to show subcontrators for Green Country hiring illegal workers. He questions if the workers are being paid cash or if taxes and workers compensation is being paid.

Fields said his office deals primarily with violations of workers compensation and wages and hour disputes. When asked if he could investigate, Fields said that his office needs a complaint to be filed.

Lee said the union has declined making the call to Fields' office. "We understand what he is saying but you have to understand the retaliation that these workers will face if that is done," Lee said.

Hannagan said nothing is being done because his company has done nothing wrong. "There is nothing to investigate," Hannagan said.

City attorney Deirdre Dexter said the video did not involve a worker being employed on a city job.

"It was frustrating for union guys because they thought they had all the right people at the meeting and they thought the video was clear evidence but the jurisdiction was not easy to discern," Dexter said.

After seeing the video, Dexter said the city determined Green Country was working on a city project at the convention center.

"We determined that Green Country was in compliance based on paperwork and other verifications we conducted for the project," Dexter said.

Lee said: "With all of these officials who have seen the videos, nothing has happened to date that we know of."

On May 27, Lee and the union showed the video to an official with the U.S. Immigration and Customs Enforcement (ICE) and a representative from the Tulsa County Sheriff's office.

When asked if the federal government is looking into the videos of Green Country, ICE spokesman Carl Rusnok said: "For operational security reasons, it is ICE policy neither to confirm or deny ICE investigations."

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