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Friday, June 12, 2009

Fridley contractor, Stock Roofing Company LLC, in hot water with Union Local 96 over Target Center "green roof," NLRB complaint, and organizing drive.

The union claims unfair labor practices, wants changes, and to establish a bargaining unit. The contractor generally says nothing was amiss and opposes organizing the workforce; and an NLRB complaint has been filed by the union.

Strib twice reported things, here originally on May 29, and again yesterday, here. Other Twin City outlets report, here, here, [here and here for union press coverage, search the second item for "Stock Roofing" for the proper blurb], and lastly, MPR, here.

KARE 11 has a terse and neutral report, in relevant part stating:

MINNEAPOLIS -- Workers updating the top of the Target Center are off the roof and on the street Thursday [yesterday] morning.

The crew from Fridley-based Stock Roofing Company is on strike.

In mid-March they began working to make the Target Center's roof "greener."

The workers are demanding Stock Roofing Company recognize their right to unionize.


BizJournal, yesterday reports worker activity and contractor quotes:

Laborers employed by a roofing company that’s working on Target Center’s green roof project went on strike Thursday, claiming they’ve been forced to work in unsafe conditions.

The employees of Fridley-based Stock Roofing Co. are demanding that Stock recognize their right to unionize.

They also claim Stock has forced them to work on the Target Center’s roof “without proper safety harnessing and other protective gear,” according to a statement released by the workers.

Roofers and Waterproofers Union Local 96, along with the striking workers, filed a complaint with the National Labor Relations Board regarding working conditions at the site. Stock Roofing employees are not currently affiliated with Blaine-based Local 96, said Robb Leer, a spokesman for the workers.

Stock Roofing said work was continuing on the $5.2 million project, which is publicly funded. "It's truly unfortunate, but we believe that the protesters may be grandstanding because of the high-visibility of this publicly-funded project," said Warren Stock, president of Stock Roofing.

“We take every precaution to be sure that work is being performed in accordance with industry safety practices, and actually exceed requirements in most cases,” said Mark Santacrose, president and CEO of Skokie, Ill.-based Tecta America Corp., which owns Stock Roofing, in the statement.

About 30 workers were striking in front of Target Center Thursday, and the strike will continue Friday, said Leer.

jniemela@bizjournals.com | (612) 288-2138


[links and italics in original]. BizJournal previously reported May 28, here, paralleling the pair of Strib reports. Next, a screenshot from the earlier Strib item:



There is much more info, hence, readers are encouraged to scan that entire opening set of reporting links for a spectrum of fact-and-belief detail. A union press release is online here, explaining their position, and this next screen shot is from their website [click to enlarge -- go to the original online union page, for hot link access]:




The Union posts the workers' NLRB complaint with their attorney's cover letter [Brenden Cummings of the Miller, O'Brien & Cummins firm], here.

The above screenshot of the Union's webpage indicates the page's links to employee affidavits, this one chosen at random as representative [cut from Adobe Acrobat pdf format to jpg images, click each to enlarge and read - the allegations are interesting - only the English version is presented below]:


The roofing firm has an online Flash Player video, but I do not use Flash Player and have captured no screenshot. Please check the contrator's site; www.stockroofing.com/. One employer subpage, here, indicates:

No one can afford to have their roof unprotected when disaster strikes whether it’s in the form of torrential rains, tornadoes, hurricanes or earthquakes. When it happens, you need an immediate response. That’s why we offer the most sophisticated Disaster Response Program in the industry.

In a major emergency, either natural or man-made, all Tecta America companies nationwide are placed on standby notice, ready to dispatch the trained manpower, specialized equipment, materials and other support needed to get customers back in business quickly.


[emphasis added]. We've had a couple major hail storms and hail damage in Anoka County and the general metro area. That "disaster readiness" text may be self-touting, but in labor relations it arguably is a can of worms, as it can be in meeting local code and intermediate and final inspection and completion requirements.

If crews get moved around to cover local storm damage elevated demand, excess work can be booked that strains firm supervisory personnel resources, and if the TectaAmerica operation is not unionized nationwide, or differing union jurisdictions exist at different locales, there can be jurisdictional disputes arising upon itenerant crew movements; and crews from Oklahome or Mississippi might not know of cold weather needs and local code nuances, so that enhanced local firm control and monitoring is necessary, and presumably that's a met need and Minnesota requirements for weatherguard material at residential roof perimeters, for example, are complied with and not ignored or forgotten at your home or mine.

And that "trained manpower," in the above quote --- that's a promise you presumably can sue under, a representation to all consumers, hence, arguably a part of any homeowner's contract. I think building permit officials at local cities might have "war stories" about itenerant crews and less than perfect work, but -- go ask them. Each speaks for himself.


____________________
With contractors, I find litigation search helpful, with recent online district court docket information accessible here and recent appellate opinions here.

One "unpublished" appellate decision is online here, and about a half-dozen or so docketed items were uncovered per searching the lower court link for "Stock Roofing" or "Stock Roofing Company LLC" or "Warren Stock" [firm founder and qualifying person on whose expertise the contractor license is grounded; see also, BizJournal quote, above].

Of the trial court online info, in Anoka County one file stands out online as representing more court filing and case churning activity than most others, you can examine the file at the Courthouse in Anoka on Main Street at 3rd, it is public data, File No. 02-CV-07-165 [hopefully the link works w/o going through access pages, if not use the above "District Court" docket link and navigate]. It involves a homeowner I know as a friend and regard as a person of unquestioned honesty and care for detail, claiming negligent roofing, etc. That person is Terry Hendriksen, a former City of Ramsey Councilman and Planning Board Member with a record of over thirty years of public service in Ramsey, and owner-operator of a long-established Anoka County professional phone-and-computer-networking consultancy, Enterprise Communications, (or "ECI," online at www.eci4networks.com). Multiple affidavits and memoranda are listed in the online docket. Hence, there likely is good information there, (some under oath), for any interested reader.


Interestingly, at least one California "Green Issues" blog also reports, here.

Crabgrass hopes things are resolved in a fair and proper manner for all concerned.




___________UPDATE___________
Here are screen shots of that one highly-churned Anoka County online docket list:



-lobster photo credits, here and here-

________FURTHER UPDATE_________

The employer's side of the story is well argued here on Business Wire. Readers can access that directly or click the thumbnail.