February 27, 2009 Rec center labor violations? Plumbers Local 773 files complaint
By ANDREW J. BERNSTEIN, The Saratogian
SARATOGA SPRINGS Construction on the indoor recreation may have been hit with a second delay in as many days following a complaint to the New York State Department of Labor.
Larry Bulman, acting on behalf of the Steam Fitters Union, the International Brotherhood of Electrical Workers and Sheet Metal Workers, filed a complaint with the state agency alleging that the city had improperly bid construction on the 35,500 square-foot facility slated for construction on the South Side Recreation Field, and in doing so, violated Wicks Law.
Wicks Law, adopted by the state in 1922, requires that municipalities bid separate contracts for four aspects of construction for projects costing more than $50,000: general construction, plumbing, heating and ventilation, and electrical systems.
He bid it as one contract, and that would let the (general contractor) run the job, and go out and play games, said Bulman. The contractor could go out and get subcontractors to lower prices and the city wouldn't see any savings.
Rumors circulating Thursday evening and Friday morning say that the city has been served with a stop-work order by the State Commissioner of Labor, but this has not been confirmed.
If she (M. Patrician Smith, commissioner of Labor) did act, she did so properly, because this is definitely a violation, Bulman said.
This is not the action we wanted to take. We went to the mayor, and he basically said he did not have to follow Wicks because he said Saratoga Springs is exempt from labor law, and that is not true, said Bulman.
On Wednesday the city was served with a temporary restraining order by Judge Thomas Nolan, to prevent the city from beginning construction until a hearing on an injunction, scheduled for March 13. The order stems from a civil suit filed by the Friends of the South Side Park, which seeks to stop the project on several grounds.
Last week, the City Council voted 3 to 2 to approve a contract with Bast hatfield of Halfmoon for construction on the project.
Larry Bulman is also the chairman of the Saratoga County Democratic Committee.
Reach Andrew J. Bernstein at abernstein@saratogian.com or 518-583-8729 ext. 219.
