The position of minority contractors on the new Schenectady County Nursing Facility Project Labor Agreement is in stark contrast to those of local union members, and some have raised concerns of exclusion.
The Schenectady County Legislature heard from several minority contractors opposing the new Glendale Nursing Home Project Licensing Agreement during its meeting on Tuesday, March 13. The Legislature approved the PLA during its previous regular meeting in February, with Minority Leader James Buhrmaster casting the only vote in opposition. County officials touted the agreement increasing the use of apprentices as a benefit for minorities, women and economically disadvantaged individuals.
County Attorney Christopher Gardner stressed the importance of hiring minorities during the Legislature’s committee meeting before voting on the agreement.
“We are going to be working with our Affirmative Action Officer Miriam Cajuste extremely closely to try and ensure recruitment efforts,” Gardner said. “We are looking forward to a collaborative effort among all the parties, including the contractors.”
Increasing the use of apprentices by 25 percent is estimated to save the county $400,000 in construction costs. Also, savings would come from reducing the number of holidays, the use of an Alternative Dispute Resolution for worker’s compensation and specifying the entire project as a building project. The PLA is estimated to yield a total of $737,800 in savings
Schenectady resident Roxanne Wright balked at the PLA though, because even if union workers are paid prevailing wage the overtime will knock back any savings.
“After having hired union people … if they work one moment past an eight-hour day they get overtime,” Wright said. “Any savings that you think have been realized by cutting holidays or the other things you do will quickly be eaten up by overtime.”
Also, she thought it was “interesting” the county was touting a 1 percent savings on a $50 million project without understanding the affect on minorities.
“We can’t even use our own people on these jobs,” she said. “I have to keep my people at home and hire somebody from a local labor union hall, which quite frankly doesn’t look like me.”
The agreement requires all project bidders to hire 80 percent of workers through the union hiring hall. Contractors are allowed to use up to 20 percent of their own workers. A non-union construction firm can bid on the project, as long as the 80 percent hiring rule is followed.
Jason Planck, a Schenectady resident and disability advocate, spoke against the county implementing a PLA for the project.
“The PLA doesn’t need to be there, because it doesn’t have any justification whatsoever,” Planck said. “You have no jurisdiction whatsoever over this membership organization to tell them they have to hire a minority or accept a minority as part of their membership.”
Gardner said the language of the agreement promotes women- and minority-owned business and makes it a “high priority” to use such firms. Using apprentices, he said, will also help the county bring new people into the workforce.
“We are going to be working with the building trades to aggressively recruit minorities to these apprenticeships,” Gardner said. “It isn’t just going to be the most senior guys working on the project.”
Gardner said he believes the PLA balances competing concerns “in an effective and direct way.” Also, he said approving a PLA is encouraged under state law.
He thought opposition to the PLA was ill founded.
“I don’t think they really understand the significance of the PLA agreement and I don’t think they fully comprehend our strong commitment to apprenticeship programs,” he said.
He said the agreement helps avoid possible work slowdowns or strikes, so work will remain constant. Also, it allows the workforce to be filled with local residents
Wright said any problems the PLA solves stems from working with unions.
“If we were not dealing with unions we wouldn’t have some of these problems to begin with,” she said. “My confidence in you all as a governing body has been irrevocably shaken.”
Minority contractor Treasure Clayton urged the legislature to remove the PLA to open job opportunities for workers outside of unions.
“We have a lot of minority who like to be employed, who are qualified for these jobs, but if you have to hire union workers they don’t get the jobs that they deserve,” Clayton said. “If you could implement it, you can remove it.”
Minority contractor Joseph Riley said he spends 80 percent of his time on Albany housing projects even though he lives in Schenectady.
“You go downtown and you see no minorities down there even with a job,” Riley said. “You’re talking about forty-some dollars an hour. You know how much difference that would make to the average family?”
Riley urged the Legislature to not award contracts until companies meet requirements for minority participation.
“One thing people understand is money,” he said.
Clayton on Tuesday, March 27, said she has tried to meet with a legislator, but so far has been unsuccessful. She said nothing has changed with the PLA agreement.
“We are trying to address the city officials, county legislators and the mayor so we can have equal opportunities and be a part of the building process in our community,” Clayton said. “We are trying to make sure that state and county agencies take accountability and responsibility for the position that they hold, so that we can all work together.”
Although little progress has been made in her push, she is hopeful county officials will listen to her pleas.
“I am not sure anything will change, but I know change is possible,” she said.
