Illegal labor: Allegations about courthouse troubling
February 16, 2010 12:10 AM | 1514 views | 10 10 comments | 6 6 recommendations | email to a friend | print
Did illegal immigrants work on the construction of Cobb County's new Superior Court Building? We hope not - but the accusations by an undercover investigator are troubling.

The accusations were raised at the Feb. 8 Board of Commissioners meeting by representatives of the watchdog group Jobs for Georgians, who said one of their investigators, Jose Alvarez (who also is an agent for the Washington, D.C.-based International Union of Bricklayers), had spent three months visiting the site posing as a bricklayer seeking work. He reportedly taped conversations there with workers for Zebra Construction, the masonry subcontractor for the project, that he said proves the workers were paid in cash, were not paying income taxes or Social Security insurance and were not being checked under the federal E-verify program. Alvarez estimated that 14 of those employed by Zebra's subcontractor were illegal immigrants.

After the MDJ reported the allegations on the front page, Suwannee-based Zebra pulled its subcontractor, Victor Candelaria, from the project for failing to use E-verify.

State and federal laws require that companies and subcontractors who do work under government contracts must verify that those they hire are eligible to work in this country. But there is a significant loophole in those laws: They not only do not require that the companies who work for the subcontractors (sometimes called "sub-subcontractors" or "second-tier subcontractors") verify their employees' eligibility, but they prohibit the general contractor from checking the status of those workers. In short, it's a loophole big enough to drive an 18-wheeler through.

"The county is thoroughly frustrated by this," said Cobb Board of Commissioners Chairman Sam Olens. "We took action no one else has taken to make sure our contractors and subcontractors are following the law. It is mind-boggling that we as the county could fully comply with this bill and yet illegal activity could still slip through and happen. Myself and the county absolutely did not know that any illegal activity was happening."

Meanwhile, Georgia Department of Labor spokesman Sam Hall confirmed to the MDJ that his department has been investigating Candelaria since November about whether unemployment insurance fraud has taken place during the construction of the courthouse.

All told, it is an unsettling chain of events for the new courthouse, a building intended not only to relieve courthouse overcrowding but to be a point of pride, as it was consciously designed to resemble the historic Victorian-era Courthouse the county shortsightedly tore down four decades ago.

Olens has asked federal officials to explore whether criminal charges should be brought against whoever is responsible for hiring illegal labor for the project. We would concur with that request. And we would further suggest that the allegations about illegal laborers working on the Cobb Courthouse should come as a warning "shot across the bow" to other local public entities with construction projects under way that are being paid for with tax dollars.

With this country's and this state's economies in the pits, it makes no sense for tax dollars to go to unscrupulous contractors who are fattening their bottom line by hiring illegal labor - thereby helping keep local, legal workers out of work.
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Frankie58
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February 17, 2010
I too am wondering were D.A.King is at on this one. I'm sure that when he does respond it will be a "dozie" of a story.
mk-
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February 17, 2010
Sam Olens, not to rude, but you are full of it. We have been coming to county commission meetings since 2005, begging for help in neighborhoods in Cobb that are in 3rd world condition as a result from the southern border invasion. You KNOW where the illegals in Cobb live, shop, eat, go to school , get medical care , & most importantly ,... WORK! You are being disingenuous & need to be held accountable! We have sat in your office , as well as Chip Rogers office & shown him South Carolina's Illegal Immigration Bill 4400,... that has money for ENFORCEMENT,AUDITS, etc. &( & includes ALL employers, not leaving a huge PRIVATE company loophole)--& we were not taken seriously! So check it out,... South Carolina IS auditing companies & FINING companies @ this time!! Enforcement works ONLY if politicians GET OUT OF THE WAY!!!
wishfull thinking
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February 16, 2010
Cobb Co. will not crack down on these labor practices on this project, because it will result in huge cost overruns or a protracted battle with Turner over cost, completion time, etc. If Turner is forced to absorb construction cost increases due to compliance with these labor issues, they will get it back by various other means. Watch the change orders fly.

As far the Cobb legislative deligation, like most politicians, they will be as complacent as their constituency. Sadly, most of our citizens would rather spend their time watching ET or American Idol than driving good public policy and they know it.

Although I remain hopeful that this economic crisis will awaken a sleeping electorate, I still have stong doughts.
Curious ?
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February 16, 2010
Where is D.A. King ? I have not heard/read anything from Mr. King who is an expert on illegal immigarants and SPLOST contracts !
Dustoff
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February 16, 2010
Back up a few years:

The last court house being built under Bill Byrne's tenure was raided for illegals and he too was appalled that there were illegals working on the project.

Shortly there after a County staff member recommended that all future County contracts have a clause in them requiring the general contractor confirm that all of his employees were legal to work in the US.

It got the staffer reprimanded!!!

The same suggestion was made to every Chairman since and nothing to date has been done.

Bottom line they do not want to tick off the contractors!!!!!! Well tough enough is enough!!!!
Astonished Taxpayer
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February 16, 2010
I am astonished and in disbelief with the explanations of Olens and others of how easy it is to legally sub-sub contract illegal immigrants to work on publically funded projects ! Illegal immigrants did a lot of the work under Winter Construction on the old Court House and now we have the same problem again - time for Congressmen Johnny, Saxby and Phil to speak/write up ! Where are all the local Cobb candidates for Governor, Attorney General, state legislature on this issue ? I am outraged by in ineptness of our political leaders !
American worker
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February 16, 2010
What is not mentioned here is that all of this is already a violation of federal law. Sort of like income tax evasion or bank robbery. But those last two laws are enforced...at least for citizens.

It is time for a house cleaning on elected officials. At all levels. I look forward to the coming elections...including the one for Cobb Chairman. Note to Tim Lee: You need to be well prepared to answer many questions on what you will do to protect workers, and the law, in Cobb.
just wondering
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February 16, 2010
Has the MDJ done any background work on Mr Alvarez and his organization??
Pat H
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February 16, 2010
I'll bet there was no workers compensation insurance either. The accident at the Atlanta Botanical Gardens from the skywalk left several paralyzed, and most likely the taxpayers are footing that bill. Despicable traitors.
GunnyPapa
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February 16, 2010
Unfortunately everyone wants to put blame on individuals or the comepanies they hire. Due to the logistics and overwhelming practices in large contracts, a lot of overtsight comes into play. This issue at hand is bringing to light the new courthouse..but what about the new expansion of the the Cobb County Jail....this writer remembers clearly the Zebra equipment(Black and White Stripes Like A Zebra) and crews who were working on the expansion during the cold and hot climates. I remember joking about the communications between the 90% hispanic labors and the rest of the labors were going to result in in mishap of sorts.

It wasn't until I reviewed this article that Zebra was involved in the new court house. Amazing that the six digit a year department heads and crew who are suppose to be supervising these two projects are all or sudden surprised that we had illegals working on the new court house. Does anyone actually believe that the construction costs are kept low due to the economy and complete background checks of potential contractors.

Mr Olens asks if any charges should be brought against anyone that was hired illegally as well as those reponsible. I agree 100% with Mr Olen. Prosecute all those involved who knew or should of known.

GunnyPapa
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