Union tries bringing LV builders into suit

Grace Leong

Thursday, March 8, 2001 | 11:21 a.m.

A roofers' union trying to organize workers at a Las Vegas subcontractor -- and accusing the firm of cheating employees out of their pay -- is now seeking court approval to add several Las Vegas home builders to a lawsuit.

At a rally Wednesday, some 30 union supporters and former Davey Roofing workers said they want to hold eight home builders liable under a state law for their unpaid wage claims against Davey Roofing.

The builders include American West Homes Inc. and American West Development Inc., Sun Colony Summerlin Land LLC, Lennar Homes, Greystone Nevada LLC, Sunrise Colony Ltd. Partnership and its subsidiaries Red Rock Homes LLC and Red Rock Land LLC.

"(Nevada law) directs that general contractors are liable for the indebtedness for labor incurred by their subcontractors. Consequently, if Davey Roofing owes plaintiffs wages for labor on property developed by the contractors/ developers, then (they) are also liable for the wages," Elizabeth Lawrence, an attorney for the two former Davey Roofing workers, said in court papers filed Wednesday.

"With a class of scores of current and former employees, this complaint could result in a substantial judgment," she said.

Tony Diaz, an organizer with the United Union of Roofers, Waterproofers and Allied Workers, agreed."These large homebuilders benefit from the sweat of these roofers. They should be held responsible when the roofers aren't properly paid."

Sue Brandt, spokeswoman for Sunrise Colony, Red Rock Homes and Red Rock Land, declined comment. The other homebuilders could not be reached for comment.

Jose Ramirez and David Hooker sued Davey Roofing on March 2, 2000, in Clark County District Court, alleging it violated state wage laws by"promising to pay workers on a piece-rate wage for roofing work, but misrepresenting the amount of pieces worked" and withholding a portion of their wages.

The suit said Davey Roofing also refused to pay the plaintiffs for more than 40 hours in any week and for other activity including picking up supplies, completing paperwork and traveling between job sites. The subcontractor was also accused of improperly charging for the cleaning of Davey Roofing uniforms and failing to pay for the workers' attendance at mandatory work meetings.

But Thomas Kovacich, a Davey Roofing attorney, disputed the allegations in an April 20, 2000, letter to Lawrence. "The complaint raises serious and incorrect allegations against Davey Roofing with respect to the integrity of its payroll system."

"It is evident the lawsuit is being maintained for the improper purpose to damage Davey Roofing because it has refused to sign a collective bargaining agreement with Roofers local 162," he said. "Davey Roofing is prepared to provide its paysheets reflecting the calculation of piece-rate. If in fact there are discrepancies, Davey Roofing will address them immediately."

The plaintiffs, who seek to certify more than 100 roof installers in their class action lawsuit, also added a new claim to their complaint.

The plaintiffs said Davey Roofing reneged on alleged promises in its website "www.daveyroofing.com" to provide benefits including nine paid holidays a year, health and dental coverage, a 401(k) plan, referral fees for recruiting new workers and awards for demonstrating safe work benefits.

"We don't get any benefits -- no sick days, no vacation, no paid holidays -- not even Christmas," said Ramirez. "Even though Davey Roofing says on its webpage that it pays 100 percent of the health coverage, I was told I would have to pay to get it."

Lawrence agreed. "Roofing companies exploit workers because under the piece-rate payment system, the companies have control of all the information. The worker could have installed, say 120 pieces, but the paperwork will say he has installed only 93."

Tim Davey, owner of Davey Roofing, could not be reached for comment on the plaintiffs' new charges.

The Roofers union Local 162 had filed charges last February with the National Labor Relations Board against Davey Roofing, alleging five union supporters, including Ramirez, were terminated after they signed a petition requesting union representation. Diaz said the union is awaiting a court decision on the matter after an NLRB hearing in late October.