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Bay Harbour Electric, Inc., Issue No. 2

January 2003

The Contractors Critic
BAY HARBOUR ELECTRIC, Inc.

Reporting on Safety, Productivity, and Honesty in the Construction Industry.

Excessive Litigation, Labor, Wage & Safety Violations

BAY HARBOUR ELECTRIC’S NEGLIGENCE DAMAGES THE ELECTRICAL SYSTEM AT THE LAKEVIEW HIGH SCHOOL IN CORTLAND, OHIO

This troubling story started when Bay Harbour Electric was installing new electrical service at the Lakeview High School in Cortland, Ohio. To facilitate the installation, Ohio Edison did their part and disconnected the existing electrical service to the site during a four hour planned outage. However, what happened next was anything but planned. According to Ohio Edison’s court suit:

"After various delays ... [Bay Harbour Electric] employees incorrectly wired the new electric service from the new electrical panel to a sub panel, causing improper rotation and electrical problems and as a direct and proximate result ... Ohio Edison permanently rebuilt

the electrical configuration and... was subject to substantial delays completing the project due to [Bay Harbour Electric’s] negligence."

Ohio Edison estimated their losses due to Bay Harbour Electric’s negligence to total $4,709.49, which Bay Harbour Electric refused to pay. As a result Ohio Edison was compelled to sue for compensation.

NATIONAL LABOR RELATIONS BOARD FIND BAY HARBOUR ELECTRIC GUILTY OF UNFAIR LABOR PRACTICES

WHO IS BAY HARBOUR ELECTRIC HIRING INSTEAD OF EXPERIENCED ELECTRICIANS?

In January 2002, the NLRB issued an order that required Bay Harbour Electric to post a notice admitting past violations of federal labor law and pledge not to violate those laws in the future. Among Bay Harbour Electric’s violations was coercing its employees regarding their legally protected activities. Since then, another complaint was filed against Bay Harbour Electric, charging that the company had fired one of their experienced workers because of his membership in the Electrical Workers union. In the last two years, similar complaints have been filed against Bay Harbour Electric on at least two other occasions, alleging that Bay Harbour Electric has refused to hire, or to keep on staff, at least ten highly experienced electricians, because of their union membership.

If Bay Harbour Electric is rejecting and even firing experienced electricians, who is working now at Bay Harbour Electric?

On March 6, 2001, Mark Norcia, Operations Manager of Construction Labor Contractors Corp., filed an Affidavit for Claim with the Cuyahoga County, Ohio Recorders Office. He charged that Bay Harbour Electric had failed to pay his company $16,821.17 for wages for temporary workers that were supplied to the Orange Elementary School project in Pepper Pike, OH. Construction Labor Contractors was named in the NLRB complaints that also named Bay Harbour Electric.

One Construction Labor Contractor employee testified that he was told to say he worked for Bay Harbour Electric if anyone asked, because Bay Harbour Electric did not want the customer to know they had imported temporary employees.

In other words, it appears that Bay Harbour Electric is rejecting applications from and firing experienced electricians. Meanwhile, they are arranging for the hiring of electricians off of the street and are using temporary workers, but not paying for them.

Although Bay Harbour Electric is attempting to operate with non-union employees, this does not mean it doesn’t have its share of labor disputes. In addition to these NLRB charges, the NLRB issued other charges against Bay Harbour Electric in past years and some employees went on strike a few years ago.

As of publication, Bay Harbour Electric has not made any suggestions or refuted any of the information in this publication.

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