Laborers release new details in Minnetonka child labor case, urge school board to launch an independent investigation into complaint

Union says public records contradict school district’s account of incident, strengthen case for child labor law violation St Paul, MN (July 24, 2014) – The Laborers’ International Union of North America (LIUNA) Local 563 released new information today concerning potential child labor violations at a Minnetonka school construction site that were first reported on July 11.  The union also called for an independent inquiry into the district’s failure to properly manage the project and the subsequent investigation of child labor allegations.  On July 11, the Laborers Union informed the U.S. Department of Labor, the Minnesota Department of Labor and Industry, and the Minnetonka School District that a minor was apparently working on a Scenic Heights Elementary School construction project without safety equipment and in possible violation of state and federal law.   On July 16, the Minnetonka School District released a public statement claiming that the district had investigated and verified that the minor in question was the 17 year-old son of a subcontractor, who the district later identified as Scott’s Concrete & Masonry.  The district also stated that the minor was assisting his father in full compliance with state labor laws.  The statement went on to accuse the union of “harassing the teen” and making multiple “meritless” allegations. In a statement released today, however, union representatives say that the union’s review of public records found that the district’s statement was wrong and misleading in every important respect.  According to the union, the records not only indicate that the boy in question is 14 and not 17, but they also indicate that he is not the son of the listed owner of the subcontractor, a potential violation of state child labor laws.   The union indicated that its findings were shared earlier this week with state and federal investigators who are looking into potential child labor law violations, as well as Minnetonka Schools Superintendent Dennis Peterson.  While Peterson acknowledged in a phone call that the boy was not 17, he indicated that the District now believes the boy is 15 (a claim that is inconsistent with public records) and the District maintained its position that the boy’s employment was lawful and that the union’s allegations were misleading.   Peterson indicated that he believed the boy’s father was a part-owner of Scott’s Concrete & Masonry Construction, but even if that were true, it would not appear to make the boy’s employment legal under Minnesota Administrative Rules 5200.0930 which requires that the employer be “totally owned by one or both parents.” (https://www.revisor.mn.gov/rules/?id=5200.0930)   “It is deeply disturbing to discover a 14 year-old on a public school construction project, apparently working without personal protective equipment, and adjacent to a potentially hazardous excavation area,” said Tim Mackey, business manager for Local 563. “It is even more disturbing when the school district responsible for managing the project fails to properly investigate and puts out misleading information that minimizes the seriousness of the issue. We intend to pursue this issue until we are confident that no more children will be put at risk and that the responsible parties have been held accountable.”  The U.S. Department of Labor and Minnesota Department of Labor and Industry are both investigating potential violations of child labor law.  But the union argues that the Minnetonka School District also has an obligation as the construction owner to investigate and take the steps necessary to prevent the problem from recurring. “The Minnetonka Schools have a legal and moral responsibility to manage their construction projects in a way that ensures children’s lives and health are not put at risk,”
said Mackey.  “The District’s failure not only to keep a child out of harm’s way but also to properly investigate raises troubling questions about whether the administration is more interested in maintaining cozy relationships with non-responsible contractors than protecting children.” Given the seriousness of the issues at stake and the administration’s track record to date, Laborers Local 563 recommends that the school board commission an independent investigation to collect the facts and identify the parties that are responsible so that the matter can be closed.  Such an independent investigation could send a message that the Minnetonka School District does not tolerate use of unsafe child labor, and help restore public confidence in the district’s management of its construction projects. “It boils down to this district turning a blind eye to reports of blatant violations of child labor laws in order to cut corners,” said Mackey. “To acknowledge a problem and not do anything about it should be concerning to everyone including parents and taxpayers. How many other problems are happening on district projects that haven’t been discovered yet?”  About LiUNA:Chartered in 1968 by the Laborers International Union of North America, LiUNA, the Laborers District Council of MN and ND and its seven affiliated Local Unions represent about 12,000 workers in Minnesota, North Dakota and Northwestern Wisconsin. For more information check out their website or Facebook page  www.minnesotalaborers.org  or  www.facebook.com/MinnesotaLaborers  ###