COUNTY GOVERNMENT:

Commission accused of pro-union bias

Lowest bidder not awarded contract because of past violations, Sisolak says

By Joe Schoenmann (contact)

Thursday, July 23, 2009 | 2 a.m.

Steve Sisolak

Bruce Woodbury

Beltway widening

County reaffirms vote, rejects lowest bid for road project (7-21-2009)
Judge: Protest of 215 Beltway paving bid too late (6-12-20090
Judge upholds temporary restraining order in Beltway paving lawsuit (4-27-2009)
Company that lost 215 Beltway paving bid sues county (4-23-2009)
215 Beltway widening contract sparks controversy (4-21-2009)
Interchange opens on Lake Mead, 215 Beltway (11-26-2008)
Road construction continues despite economic downturn (11-21-2008)

Click on the video for the July 21 meeting to see discussion, which begins at 14:35.

Current and former members of the Clark County Commission said a Tuesday vote — taking a Beltway-widening contract away from the lowest bidder and giving it to Las Vegas Paving — might set a perilous precedent.

The company that lost the bid, Fisher Sand and Gravel, has threatened to sue the county, alleging the commission’s pro-union leanings prompted it to violate bidding rules and award the contract to a company that, unlike Fisher, uses union labor.

The hearing on the contract appeared carefully orchestrated. An attorney for the International Union of Operating Engineers explained that state statute allows the denial of a bid if a party is determined “not responsible.” Commissioner Steve Sisolak then played video from a Phoenix TV news station about a pattern of violations by Fisher, which Sisolak used to argue that the company is not a “responsible bidder.”

Commissioner Larry Brown said he was uncomfortable impugning a contractor without providing the company an opportunity to defend itself. He asked for a two-week delay of the vote, but was denied by a majority of the commission.

The outcome didn’t surprise former Commissioner Bruce Woodbury, who said he saw an emerging pattern of politics over process on the commission before he left last year.

“I always had support of the unions in my election campaigns, but when it comes to county contracts, you have to put blinders on,” he said Wednesday. “You can’t take into account who is union and nonunion. You have to go with the low bid.”

Fisher’s bid to widen the Beltway between Tenaya Way and Decatur Boulevard was the lowest, by $4.6 million. Still, the commission awarded the project to Las Vegas Paving, which is considered a union company.

“I think it could have cost the county taxpayers a lot if you don’t play it straight down the line, if you don’t take the lowest contract,” Woodbury said, noting the cost of a potential lawsuit in addition to the more-expensive bid.

Woodbury said there was evidence of union influence over the Democratically aligned board in 2006, when commissioners rejected a land-use permit for Casino Ready Mix Inc. The company, whose workers are not unionized, provides cement for construction of the Hoover Dam bypass bridge.

Union members made their presence known as commissioners questioned Casino Ready Mix about allegations it was operating a concrete batch plant without a permit in the Eldorado Valley.

Four Democrats voted against Casino Ready Mix, and three Republicans voted the other way.

But within a few months a judge ruled commissioners had exceeded their authority because there had been no appeal of an earlier approval of the permit by the Planning Commission.

Shortly after the Casino Ready Mix vote, Commissioner Tom Collins told the Sun he had tried to persuade the company to pay union wages. He said his vote was not related to union issues, however.

Commissioners said the same thing following Tuesday’s vote.

Representatives of three unions — sheet metal, operating engineers, and building and trades — sat in the front row watching the commission deliberate on the matter.

“Honestly this had nothing to do with unions or non-unions; it had to do with, we want someone doing the work who isn’t going to cost us a lot of problems down the road,” Sisolak said.

To make that point, Sisolak played the TV news report, beginning one of the more memorable moments in recent commission business.

The report said a subsidiary, Fisher Industries, exceeded emission limits at a Phoenix asphalt plant, drawing about 1,400 violations. Residents complained about the smell.

Company President Tommy Fisher addressed the report, saying one complaint can account for several violations because each day it goes unresolved it counts as another violation. He also said complaints are common for almost all companies, especially large ones.

After the hearing, attorney Stan Parry, representing Fisher, said the company never had a chance to answer those charges. He said it was a “union set-up.”

“We will undoubtedly be able to prove that (commissioners) had huge pressure from the unions to deny Fisher,” he said. “I’m surprised that the union showed its hand so blatantly.”

Asked how he would prove commissioners were pressured by the union, Parry said “from statements (commissioners) made.”

Responding to Parry, Sisolak said he was never pressured by anyone. “Pressure is a pretty strong word,” he added.

That didn’t stop Parry from demanding that pro-union commissioners abstain from voting.

Commission Chairman Rory Reid interrupted him.

“OK, so you’re going to stop me,” Parry replied, then plowed ahead. “If they had a pro-union bias against my client, and that’s the reason they’re voting ...”

Rory Reid

“That is very nice theatrics,” Reid said calmly. “Thank you very much.”

And then they voted.

Larry Brown and Susan Brager, who had asked for two weeks to look more closely at the allegations against Fisher, voted no. The rest of the board voted yes.

After the meeting Reid, who is considering a run for governor, was asked if a June endorsement by the Southern Nevada Building and Trades Council had anything to do with his vote for Las Vegas Paving. He replied that he had always received the union’s endorsement.

(The carpenters union endorsed Reid on Wednesday.)

Sisolak said Wednesday that the board had the right, defined by state law, to deny Fisher the contract. He said several environmentalists had contacted him to say the commission had made the right decision.

“I guess we sent a message that if you want to do business in Clark County your actions and past baggage or sins are going to follow you, be they good or bad,” he said. “There’s not much work out there and people are anxious for jobs. And they are going to fight for them using every means necessary.”

Discussion: 12 comments so far…

By dave202

7/23/09 at 5:49 a.m.

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Shocker! When you have Democrats on the commission, what else do you expect? This passes for some kind of news?
By Randy

7/23/09 at 6:20 a.m.

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Under the law, it is fair game to examine whether the bidder is "responsible." Therefore, the County Commissioners justify their actions. However, where was their examination of Las Vegas Paving as a "responsible" bidder? It seems that the union shop gets a pass.
By cisea

7/23/09 at 7:16 a.m.

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Union members know how to read plans in ENGLISH, use equipment and do it safely. Keep up the good work and choices.
By oliveu

7/23/09 at 7:30 a.m.

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NOGOPHERS you are really DUMB. And its obvious you are Joe Miller. If the commission loved the unions so much, they'd give the firefighters what they want. Its esaier for you to bash the commission than accept you're a terrible business man, skirt chaser and sore loser. Didnt your redneck dad teach you anything about good sportsmanship? Go away. And read book on business management & class. You're stupid and mean. What have you done to make the community a better place to live? Las Vegas Paving is an assett to this community and has been for years.you and your cowboy friends need to leave town.
By hello1

7/23/09 at 7:33 a.m.

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Well if they chose Fisher than they would not get their money and endorsements from the union companies. Commissioners just turned over a big rock they didn't want to touch. In my eyes that is slipping money into any envelope which is called a bribe.
By mcmc_john

7/23/09 at 8:06 a.m.

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Abraham Lincoln awarded a contract to the American steel industry for track lines after the civil war, the American steel industry's bid was higher than a bid from the steel industry from Engalnd. He went on to justify his position by saying that he wanted to "own the railroad after it was bult." Which simply means that the money being paid by American tax dollars for rail tracks should be left in the American economy.

In today's struggling economy, all state funds should be used to promote the people from that state, including but not limitted to seeing profits staying in and spent within the state inwhich the funds where drawn from. It is also important for government to question if the rate of pay being given to workers is going to help the economy or hurt the local economy.

Horay for the commissioners who found in favor of keeping the tax funds in Las Vegas and not sent to New Mexico and Arizona..
By Patrick_R_Gibbons

7/23/09 at 12:18 p.m.

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Unions can do good work to help protect their members, but today, most unions use government force to put their competition out of work - worst of all, unions tend to harm low-income people the most.
By maybevegas

7/23/09 at 12:25 p.m.

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Why doesn't someone ask Sisolak where he got the tape from? I think it is a valid question if he is going to show the tape to everyone at the meeting. This was a straight union vote, just like the Dam vote was.
By kvg2009

7/23/09 at 12:33 p.m.

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Why does it matter where the tape came from? Anyone has access to obtaining it from the station. If it was a straight union vote, they wouldn't have cited NRS that validates the decision they made.
Unions also protect employees and those employees get a darn good paycheck. I've seen work done by non-union contractors and maybe it's because they hire cheaper, less qualified employees.
Regardless, this was based on the actions of Fisher itself. Had they not committed all these offenses maybe then everybody could "cry wolf". Union or not, they still committed the actions that made them unresponsible.
By Future

7/23/09 at 1:43 p.m.

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Say it an't so voting for the high priced Union Contractor.

I AM SHOCKED - JUST SHOCKED - THAT THE DEMOCRATS VOTED FOR THE UNION. PAYBACK TIME.
By afveteran

7/23/09 at 8:03 p.m.

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This is not a surprise. Democrat commissioners are indebted to unions and their members. Expect the project to double in taxpayer money as it is completed.
By 70aarcuda

7/23/09 at 11:30 p.m.

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on a prevailing wage public works contract the non-union contractor can not hire cheap labor...union and non union workers get paid the same prevailing wages, the only difference the hourly benefit (health and vacation pay) wages do not go to the union....

so non union contractor....no money to union...no money to union...no money to ?????