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Union says contractor hires illegal aliens
By Ben Aaronson/ Staff Writer
Thursday, April 27, 2006

A contractor slated to perform masonry work on the Bedford High School addition and renovation project is facing serious accusations from a regional laborers’ union.

While funding for the nearly $51 million high school project was approved by voters at Annual Town Meeting in March and a Special Town Election in April, the town has not yet awarded the final contracts for the construction. The School Committee reviewed final bids on the project last month, but union officials have since made assertions about D’Agostino Associates, Inc. of Newton, a masonry subcontractor hired by low-bidder Brait Builders Corporation of Marshfield.

Representatives of the New England region of the Laborer’s International Union of North America have threatened to picket the project if the town opts to sign a contract with D’Agostino, who they allege has been guilty of repeated wage violations related to the hiring of undocumented, illegal immigrant workers. Scott Gustafson, regional organizer for the union, charged that D’Agostino knowingly employs undocumented immigrant workers who are improperly classified and underpaid for their work.

"[D’Agostino] has a history and a pattern of exploitative behavior. We can’t just sit back and take this any longer because reputable contractors are getting beaten out. You need to take a look at this and decide if this is the kind of guy you want working in your community," Gustafson told the Bedford School Committee earlier this month.

According to Gustafson, D’Agostino has been cited for multiple prevailing wage law violations in Massachusetts and Connecticut since 2000.

In 2004, the Connecticut Department of Labor cited and fined D’Agostino for wage and record keeping violations for work done on a high school project in Plainfield, Conn. According to documents obtained by the Minuteman, 245 D’Agostino employees working on the Plainfield project were found to have submitted false social security numbers on certified payroll documents. Ultimately, D’Agostino was fined nearly $24,000 for prevailing wage violations and was ordered to pay employees nearly $40,000 in back wages.

D’Agostino has been cited for similar violations in Massachusetts, Gustafson said.

Beth Stone, deputy press secretary for Attorney General Tom Reilly, confirmed that the Attorney General’s Office has issued nine citations against D’Agostino since 2003, all related to violations of wage laws. Stone said D’Agostino has appealed all nine citations to the Division of Administrative Law Appeals. If three or more of the citations are upheld by the appeals court, D’Agostino would face debarment, Stone said, which would prevent the contractor from bidding on any new projects in the state for a period of two years.

But Director of Laborers’ International Nick Manocchio said potential debarment is not an effective deterrent. D’Agostino is permitted to continue to bid on projects during the appeals process and would be allowed to complete any previously contracted work even if they are subsequently debarred, Manocchio said.

"The pre-qualification process in Massachusetts has allowed a contractor with a legacy of exploitation to continue to win contracts," Manocchio said.

Manocchio said D’Agostino’s allegedly unscrupulous hiring practices have enabled them reduce costs and consistently underbid other contractors for work in the region.

"Our intentions are to have D’Agostino removed from public bidding in Massachusetts. It’s not that we can’t stand losing. It’s that we can’t stand losing to a cheat," Manocchio said.

But Romeo D’Agostino, owner of D’Agostino Associates, insisted that he is the one being victimized. Calling the union’s allegations "legalized terrorism," D’Agostino said he is being targeted because he does not employ union workers.

"They’re trying to force me to turn union," D’Agostino said. "The last time I checked, this is a free country. I have nothing against the union - if someone wants to join the union, then let them join the union - but people should have freedom of choice. You don’t want to be forced to buy a certain product and neither do the towns."

D’Agostino would not comment on specific citations issued by the Attorney General’s Office, but said the charges against him are unfounded and denied ever knowingly hiring illegal immigrants. D’Agostino said he pays his employees fair wages and offers benefits, such as health insurance and a retirement plan.

"I have built my reputation for 40 years. I do good work; I have a good safety rating; and I treat my employees well," he said.


The $400,000 question


Despite the union’s objections, Director of Facilities Richard Jones said the town is prepared to move forward on a contract with Brait Builders Corporation and D’Agostino Associates for construction of the high school project.

Jones said the town became aware of the allegations against D’Agostino during the pre-qualification process, but stressed that they are still only allegations which have not yet been resolved in court.

"There have been no legal decision to this point that would prevent us from signing a contract with D’Agostino Associates. There are some issues out there but they haven’t been litigated and they haven’t been debarred, and the bottom line is D’Agostino does good work," Jones said.

Nevertheless, Jones said the town has taken measures to protect itself. Before presenting a final proposal to Town Meeting, the School Building Committee added nearly $400,000 in contingency funds to the budget to be used in the event that the town not be able to use D’Agostino for the masonry portion of the project. If D’Agostino were to be debarred prior to signing a contract, then the town would have to hire the next highest bidder for an additional $381,300, Jones explained. Once a contract is signed, however, D’Agostino would be permitted to complete work on the high school even if they are subsequently debarred, Jones said.

Once work on the project begins, Jones said the town is committed to working with the union to monitor the wage issue to ensure D’Agostino is complying with all state laws. In addition, Jones said the town has asked that all employees working on the school project have complete criminal background checks.

"We feel that we have put some things in place that will address the issues raised by the laborers’ union," Jones said. "Will that stop them from picketing? We’ll see. That’s their right and we have to respect that, but we feel that we’ve done all that we’re required to do as a municipality."