Forby on hand to "check out" AmerenCIPS workers
By Tara FasolStaff Writer
Senator Gary Forby joined union representatives with the IBEW Local 702 Wednesday morning as the group met at the job site of Owen Specialty, a contract company for AmerenCIPS.
In an exclusive in-the-field interview The Daily American spoke to both sides involved in a heated controversy.
The union claims that Owen Specialty, hired to spray herbacides under AmerenCIPS pylons (a tall metal tower typically made of steels bars that supports high-voltage cables), on Russell Street, is in violation of labor laws by hiring illegal aliens to do the work.
Mike Hasenstab, regional manager for Owen Specialty said that Wednesday's confrontation in West Frankfort has resulted in an additional work force.
"I have five workers and one security officer (at the job location)," Hasenstab said. "We've been here four years. Thirty percent (of the employees) are from this area and the others are from various locations in Missouri."
Steve Hughart, Business Representative for Local IBEW 702 said he doesn't believe all of the employees of the company are from the area and has reason to believe some may be illegal immigrants.
His concerns were mirrored by Forby and IBEW worker Jack Stilley, who also showed up at the job site Wednesday.
"We are required by the state of Illinois to do the right thing," said Stilley.
Forby said it is his job to answer the calls of the people he represents and when concerns arose over the Owen situation he wanted to come down and take a look at the situation himself.
"I'm just down there listening and seeing what is going on," he said. "When somebody calls me I try to answer them and see what the situation is."
Hughart claims that in early May he spoke with employees of the company who were working "behind the West Frankfort sub station" and found that six of the men were of foreign nationality and could not speak or understand English.
Hughart added that he also went to the Department of Agriculture facility in Harrisburg where several of the Owen employees were being tested and found that many of them did not pass that test.
"The security guard had to drive them because he did not have a driver's license," Hughart said about one employee.
President of Owen Specialty, Jerome Barry, said he does employee foreign workers but ensures that all of the employees are legally employed through the federal H2B program that allows foreign citizens to work in the states.
"The company does employee a number of foreign workers," Barry said. "None of my workers are working illegally. We do have a number of guest workers."
Barry said the problems with the union have been ongoing for an extended period of time.
"Unfortunately, we just went through this," Barry said. "Yes, I am aware that they are making that allegation and its patently false."
Wednesday's rain also contributed to the union officials concerns.
"There are days and times that you can do that (spray weeds) and today is not one of those days," Stilley said.
Stilley said they were concerned that the chemicals that were being used to spray the vegetation would run off into the water and cause health problems.
"He (Hughart) has made a number of very false and libelous accusations," Barry said. "The products that were there when you were there are labeled non-carcinogenic."
Barry said his company particularly chose to use those products because they are not harmful.
"The people who are in the field with Mr. Hasenstab are all certified by the state of Illinois," Barry said. "They are also certified to make a determination when it is appropriate to spray and not to spray. Those applications are very specified to the types of plants we are treating."
Barry said precipitation often enhances the product, which kills the feeding abilities of the unwanted plants.
"They don't spray in the rain when there is any potential for run off," Barry said.
Barry said he isn't for sure how the allegations began against his company but he often experiences problems with the union while contracting work in Illinois.
"From time to time when we work in Illinois the local (union) there just has come and threaten our workers and pretty much that is what they do routinely, just threaten people," Barry said. "The Marion police and County Sheriff told us to take their threats seriously because they are known to stalk people and beat them up."
Hughart said the union workers are not stalking the men they are just take advantage of their "protected concerted rights."
"When they leave their headquarters we follow them to a job site," Hughart said. "What we do is called ambulatory picketing."
The location where Owen workers are currently "headquartered" is at a motel in Marion and Hughart said it is from that location that the union members follow the Owens workers to the field each day.
"What they are accusing us of is stalking them," Hughart said.
Barry said his company is not doing anything wrong and he just wants to continue working in the area without any complications.
"We work for Ameren and we have for years," he said. "We are just a small business. We bring lots of business in both Missouri and Illinois."
Legal action has been taken by the company and they are currently surveying what direction they want to go with those legal problems.
"We are examining what we want to do as far as moving forward, certainly," Barry said. "Owen Specialties takes pride in the work we do."
Forby said he did not see the men doing anything illegal while he was at the job site but he will continue to watch the situation closely.
"My question is, is everything up to snuff and right and was everything legal and we want to make sure everybody is safe," he said. "We just want to make everything is on the up and up."
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