Parents Sue Over Construction Worker Death at Metro School

Posted by National Alliance for Fair Contracting on

Stephen Elliott

June 3, 2024

The case partially inspired the proposed contract compliance board aimed at workplace safety, wage theft allegations

The parents of a 20-year-old Guatemalan laborer who died last year after falling from the roof at South Nashville’s Glencliff High School are suing Metro, the school system, an insurance company and two contractors, alleging negligence, wrongful death and discrimination.

The parents of Denis Geovani Ba Ché, who live in rural Guatemala, filed the lawsuit Friday afternoon in Davidson County Circuit Court, represented by Stranch, Jennings & Garvey attorney Kerry Dietz. She also represented the family of 16-year-old Gustavo Ramirez, who died in 2020 while working on a hotel project near Nissan Stadium.

“I’ve really seen how easy it is for workers — especially minority workers, especially immigrant workers — how easy it is for them to slip through the cracks,” Dietz told the Banner. “There are very few, if any, mechanisms in place to catch safety violations on projects like this.”

In addition to the Metro government and Metro Nashville Public Schools, the complaint names primary contractor Eskola, subcontractor Jr. Roofing & Construction and Builders Mutual Insurance Company as defendants. The complaint allows other plaintiffs to join the case, alleging that the young worker was not adequately trained or supervised. Additionally, the complaint links the worker’s Latino heritage to the majority Latino population at Glencliff.

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Nashville schools to enact stricter rules after wage theft allegations against subcontractor (TN)

Posted by National Alliance for Fair Contracting on

Published 6:51 p.m. CT
Dec. 10, 2019

Nashville public schools will require thorough documentation of work done on its construction projects after a group of concrete workers recently alleged wage theft against a district subcontractor.

“Going forward, the facilities and construction department will require contractors and all subcontractors have written contracts for work being performed,” said Metro Nashville Public Schools Interim Superintendent Adrienne Battle during a Tuesday night board meeting. “That way, if there is a wage theft claim or payment dispute in the future, there will be more documentation to help get to the bottom of the situation.”

The change comes after allegations that Nashville’s Orion Building Company subcontracted with Joe Haas Construction, which in turn hired the concrete company – RSA Concrete – for cement work at McMurray Middle School.
Workers said the concrete company was never paid $43,000 for work by the subcontractor and are alleging wage theft.

A similar incident occurred during work on a Vanderbilt University building, the group said, and the school placed pressure on the contractor to ensure payment.

Nashville schools has paid its contractual obligations to Orion and district staff have facilitated a meeting to resolve the issue. Battle said another meeting is forthcoming.

“Normally, contractual disputes like this will be settled by mediators or courts, but we are trying to facilitate a productive path forward towards a quick resolution,” Battle said.

Last month, Workers’ Dignity asked the district to ensure contractors require bonds to ensure payment for work at a site. Nashville public schools, Battle said, already requires bonds that ensure payment for work being performed.

The change will require more overall documentation. Workers’ Dignity Interim Co-Director Jack Willey said to the board that he wants the documentation process to be as simple as possible to ensure its effectiveness for all workers.

(Read More)

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Historic community benefits agreement reached! (TN)

Posted by National Alliance for Fair Contracting on

September 4, 2018
Stand Up Nashville

Stand Up Nashville is very proud to announce that after several months of intense negotiations with Nashville Soccer Holdings (NSH), we have reached a landmark agreement that sets a new standard for development, including the following commitments:

Affordable Housing

  • 20% of all housing units built at the development site will be set aside as Affordable and Workforce Housing.
  • A commitment to 3 bedroom units that reflect the need for family housing in our city.

Wage Floor

  • NSH agrees to directly hire stadium workers (ushers, ticket takers, box office janitorial, custodial, maintenance, field maintenance employees) and pay them at least $15.50 an hour.
  • The establishment of a first-of-its kind targeted hiring program in Nashville with dedicated staff that will connect individuals with barriers to employment to future job opportunities at the stadium.

Community Services & Amenities

  • 4,000 sq ft will go to a childcare facility, which will operate on a sliding scale.
  • 4,000 sq ft will go to establishing micro-unit retail spaces for artisans and local small businesses at a reduced rental rate.
  • NSH will host annual coaching clinics for Metro School and other youth soccer coaches and donate soccer equipment to these programs.

Jobs and Workforce Development

  • Mandatory safety training for all construction workers and supervisors.
  • Leveling the playing field for responsible contractors that provide safe, thriving careers for their employees.
  • Construction careers for individuals with barriers to employment, especially from Promise Zones.
  • Inclusion of minority contractors.

Community Advisory Committee

  • A Joint Committee will be established with community representation. This Committee will oversee the implementation of the CBA, monitor successes, ensure compliance with the terms of the CBA, and produce an annual public report.

SUN remains steadfast in this fight and recommits ourselves to ensuring development benefits all Nashvillians. “For many Nashvillans, this marks the end of hopelessness and the beginning of a new and better Nashville. Housing our residents and improving conditions for workers is the responsibility of the people, the electorate, and developers,” said Odessa Kelly, Co-Chair of Stand Up Nashville. “We call on our elected representatives to ensure safe and just working conditions for the hardworking men and women who build this city. No developer should get such huge taxpayer subsidies and not be held to a high standard of providing a safe and dignified job to workers in our city.”

(Visit SUN’s website)

19th Annual NAFC Conference – Nashville, TN, Sept. 25 – 26, 2017

Posted by National Alliance for Fair Contracting on

NAFC will be holding its 2017 Annual Conference in Music City U.S.A., Nashville, Tennessee. The Conference will be held at the Sheraton Nashville Downtown Hotel, in the heart of the city. NAFC’s National Conference is attended by several hundred participants from across the nation, including representatives from labor organizations, fair contractors, fair contracting compliance organizations as well as researchers, academics, attorneys and officials from federal, state and local governments. A schedule of events and registration forms are available at the below link to NAFC’s Conference page. Stay tuned for further details.

Registration is Currently Sold Out

(View NAFC Conference Page)

Nashville leads new report in hazardous conditions, injury rates for construction workers

Posted by National Alliance for Fair Contracting on

by Kaylin Searles
Tuesday, May 23rd 2017

NASHVILLE, Tenn. (WZTV) – Metro Council members, construction workers and advocates are trying to make changes in the construction industry after a new report claims that Nashville has the most hazardous conditions and the high injury rates for workers.

“Build a Better South” conducted the survey, questioning 1,400 construction workers from the Nashville area alone. The survey was also conducted in Atlanta, Charlotte, Dallas, Houston and Miami.

According to the report, one in four Nashville workers had been injured at some point in their construction career, the highest of the research cities. Ten percent of workers had been injured just in the last year.

Jackie Cornejo, with Build a Better South, said one of the most concerning points of the report for Nashville is the amount of injuries that go unreported. The study found a 12.7 percent injury rate per 100 workers annually in Tennessee, which is four times higher than the injury/illness rate reported by OSHA for the state.

Construction workers gave testimony echoing this at the news conference Tuesday. Some workers said their wages aren’t high enough to afford a health insurance plan, thus paying for treatment out of pocket or never reporting the injury.

But, about 81 percent of those injuries that were reported last year received no workers’ compensation.

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19th Annual NAFC Conference – Nashville, TN, Sept. 24 – 26, 2017

Posted by National Alliance for Fair Contracting on

NAFC will be holding its next Annual Conference in 2017 in Music City U.S.A., Nashville, Tennessee. The Conference will be held at the Sheraton Nashville Downtown Hotel, in the heart of the city. NAFC’s National Conference is attended by several hundred participants from across the nation, including representatives from labor organizations, fair contractors, fair contracting compliance organizations as well as researchers, academics, attorneys and officials from federal, state and local governments. Stay tuned for further details and registration information coming in early 2017.

(View NAFC Conference Page)

Tennessee OSHA & Workers’ Comp Join Forces to Educate Employers on New Reform Bill

Posted by National Alliance for Fair Contracting on

NASHVILLE – The Tennessee Department of Labor & Workforce Development announces a series of seminars across the state explaining the Workers’ Compensation Reform Act of 2013. The Workers’ Compensation division and TOSHA will team up with the Tennessee Chamber of Commerce to deliver these seminars to educate and inform employers about the impact of the bill, including ways to avoid workplace injuries and to better handle them if they occur.

 

The information shared will be valuable to business owners, managers, HR professionals, and anyone involved in the administration of workers’ compensation claims.

(Read More)