Ruff told no state remedy for illegal hiring
By Joey Berlin
Originally published 01:54 p.m., April 29, 2008
Updated 01:54 p.m., April 29, 2008
Rep. Candy Ruff said she’s been told by the department of commerce that nothing can be done at the state level to punish anyone involved in the employment of unauthorized foreign workers in the construction of the Emporia Energy Center.
So Ruff, D-Leavenworth, was planning to head to Topeka Monday, before the start of Wednesday’s omnibus session, to do some legislative research on what could be done to ensure that companies are held accountable for not properly registering foreign workers. She would also like to lodge a formal complaint with the federal Department of Homeland Security.
“It’s a violation of a federal law,” she said. “And proving it — I think it’s easy to prove it.”
Westar Energy employed Black & Veatch as a contractor to help build the peaking plant outside Emporia. A Black & Veatch subsidiary, Overland Contracting, employed about 100 Filipino welders and pipefitters supplied by a Houston-based subcontractor, Integrated Service Co., also known as InServ.
The Filipinos were in the country on H-2B work visas, which allow them to work at jobs for which an insufficient number of American workers are available. But in order for the foreign workers to be employed at the Westar plant, one of the employing entities needed to apply with the department of commerce, which confirms that there aren’t enough American workers available to do those jobs. No application was submitted to the department of commerce for those positions.
Ruff was told Friday that the department of commerce has only a memorandum of agreement with the federal government to perform the wage verification process. No state law exists to punish companies who fail to properly apply for wage verification.
“So apparently, that’s kind of what we’ve got here in Kansas is, up (expletive) creek without a paddle,” Ruff said. “I don’t know what we can do about it. Well, I think we probably can do something about it, but that’s what I’m going to Topeka to find out.”
She said she has the names of seven people who were laid off from the Westar plant project just before being replaced by Filipino workers hired to do their jobs.
In separate statements released to The Gazette over the last few weeks containing “key points” on the illegal worker issue, both Black & Veatch and its subsidiary, Overland, have stated that the subcontractor, InServ, has yet to provide documentation that shows the workers were authorized to be at the site. In its list of key points, provided to The Gazette on April 16, Overland stated that it is the subcontractor’s responsibility to document its own employees because of employment laws and worker confidentiality. Overland also referred to InServ as “the likely offender cited in recent allegations.”
Westar’s director of government affairs, Mark Schreiber, said earlier this month that it was the responsibility of the contractor to verify the status of the workers because “They’re the ones that are hiring the contractors and the (subcontractors).”
Black & Veatch denied that any workers were laid off in favor of foreign workers, saying that workers were released from the project once their particular tasks were complete.
Ruff said she’s frustrated by how little power the state has to respond to situations like this one.
“I think people in Emporia ... got laid off, this company brought in somebody on the auspices that workers couldn’t do this job, which obviously they could — they had workers to do this job,” she said. “And nobody is responsible. There’s no handprints on any of this.
“The ultimate people who I think should be held responsible are the ones at the very top. And that’s Westar. And nobody wants to make criminals out of companies, although certain companies are condoning criminal behavior.”
Comments
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Posted by blulitespecial (anonymous) on April 30, 2008 at 12:22 a.m. (Suggest removal)
Too bad the State has no power in this kind of thing. That's probably good,though- Maybe that means they can bypass the state courts altogether. Here ya go,now maybe somebody like the communist Chinese company that took over the Port of Long Beach can take over management of Wolf Creek.They'll have their own labor,sleep right there on site,and fish in the lake to keep living costs down.Us hick Kansans need not apply.
But seriously,I smell another lawsuit over this.Maybe some criminal charges,too.
Posted by neighbor (anonymous) on April 30, 2008 at 6:04 a.m. (Suggest removal)
I have to wonder how it came to be that a House Representative from Leavenworth Co. got involved in an issue in Lyon Co? Nothing against Rep. Ruff, I appreciate what she is doing, I just wonder what brought it to her attention and why our Representation in Topeka didn't handle it?
Posted by blulitespecial (anonymous) on April 30, 2008 at 10:22 a.m. (Suggest removal)
neighbor- I think Rep. Ruff represents the area where the craftspeople's union hall is located. Possibly Black & Veatch,too. With all the Federal facilities and power plants in the area it makes sense to me.It's her people she's lookin' out for.Ruff,Mast,and Barnett seem to be getting with the program,from the emails they've sent back.They are raisin' the roof for us workin' people.The union halls representing the E. Kansas area (Lyon Co included) have legal departments,and they have national standing.They would like nothing better than to send some people down here to work,and work with the local Tech Center to train and qualify local people. I have a family member training here in Emporia as we speak.The out of state contractor and E.Kansas area union rep. are here qualifying them for another local construction job.
Posted by admireed (anonymous) on April 30, 2008 at 2:23 p.m. (Suggest removal)
Can union reps teach anything without State Teachers Certification? Thought you had to go to college 4-6 years to be a teacher.
Posted by blulitespecial (anonymous) on April 30, 2008 at 6:08 p.m. (Suggest removal)
I think it's hosted by private industry for an upcoming project,and space is rented by the company.Whoever the trainers are,it's for a couple of weeks.It's not a normal class.
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