A new analysis by the Economic Policy Institute (EPI) estimates that misclassified construction workers lose out on as much as $16,729 per year in income and job benefits compared with what they would have earned as employees. The study, which broadly focuses on worker misclassification across multiple industries, not only demonstrates the economic cost faced by workers when their employer denies their basic rights on the job; it also reaffirms the need for Congress to pass pro-worker laws like the Protecting the Right to Organize (PRO) Act.
Worker misclassification is one of the more common ways bad-faith employers deprive workers of their rights and fair compensation. By incorrectly classifying an employee as an independent contractor, employers deprive workers of, among other things:
Overtime wage and hour protections;
The right to earn a minimum wage;
Eligibility to participate in state and federal unemployment insurance systems or qualify for workers’ compensation insurance;
National Labor Relations Act protections that guarantee workers’ rights to form a union and bargain collectively for better pay and benefits.
The EPI study analyzed the 11 professions most likely to be misclassified by employers, including home health aides, landscapers, truck drivers, janitors and nail salon workers. (Notably, the analysis pointed out, “people of color and immigrant workers are more likely to be in occupations where misclassification is common.”) For construction workers, the disparities for misclassified workers — especially when compared to the wages and benefits negotiated in a union contract — could mean the difference between a family-sustaining career and living paycheck to paycheck.
The devastating effects of worker misclassification demonstrate how important it is that SMART members and locals work to bring unorganized workers into the union.
“According to our calculations, illegal misclassification costs the typical construction worker between $10,177 and $16,729 per year,” the EPI wrote in its study. “These estimates are both conservative because we have not attempted to place a monetary value on the worker’s loss, when misclassified as an independent contractor, of rights guaranteed by the National Labor Relations Act, including the possibility of union representation.”
The EPI added: “Policymakers should establish or expand the use of a strong, uniform protective legal test for determining employee status and pass the Protecting the Right to Organize (PRO) Act, which would make it harder for employers to misclassify employees in order to prevent them from forming a union and bargaining collectively.”
The devastating effects of worker misclassification demonstrate how important it is that SMART members and locals work to bring unorganized workers into the union.
“Contractors who misclassify their employees aren’t just depriving those workers of pay, benefits and protections; they are actively bringing down the wages and working conditions in local areas, and exploiting working families in order to strengthen their market share — taking jobs from SMART members in the process,” said SMART General President Joseph Sellers. “By fighting against misclassification and bringing those workers into SMART, we lift all workers up — including our current and future members.”
United States Secretary of Education Miguel Cardona laid out the Department of Education’s priorities for 2023 during a Raising the Bar event in January — including a new focus on helping students achieve careers in the jobs created by the CHIPS Act, the Inflation Reduction Act and the Bipartisan Infrastructure Law. SMART attended the event and applauds the Department of Education’s commitment to helping students secure good, union jobs in our industries.
Growing up as a young boy in the inner city of Washington, DC was very tough, but it built me into the man I am today. A memory at the precipice of my mind that I will never forget is losing my mother at the age of six years old. My life was split in two, and I felt like no one cared about me anymore. I did whatever I felt like doing, I skipped class and eventually stopped going to school for prolonged amounts of time. School became obsolete to me, and I opted for hanging out in the streets with older guys getting into things we had no business getting into.
My uncle did his best to raise my siblings and me, but it was becoming too much for him to handle holding down a job and keeping us out of trouble. He was left with the hard decision of separating us. I never knew who my father was, so my sister and I were sent to live with her father. It was the first time I lived in Kenilworth projects in DC; we had very little money and resorted to second-hand things as our source of having what we needed. Being the tallest of my eight siblings, hand-me-down clothes never really fit quite right. Pants were “high water,” shoes too tight, and sweaters with sleeves way too short. Living in poverty really lit a fire of determination within me to work and earn a living for myself.
It was living in the projects that spurred me to learn the type of work ethic I needed to survive. I was surrounded by negative influences: I saw people selling and doing drugs, drinking very young and stealing to make it through the day. Fortunately, I had a very loving step mother who — despite the mischievousness of my siblings and I — doted on us, instilled routine and structure, and steered us in the right direction. Looking back on it all, I am so grateful for her impact in my life.
I finished high school, had no trade and was not prepared for college. The summer following my high school graduation, I remember wondering to myself what my career would look like. I had dreams of having a family, with a loving home and a white picket fence, but it seemed unattainable at the time. I refused to sulk in what it would look like to not have these things, and focused on how to achieve these goals. That’s when I decided to attend the Diesel Institute of America and get a trade in diesel mechanics.
Having this trade opened the door for me to be hired at Amtrak as a laborer in 1984. After four years of hard work, I was given a promotion with the responsibility of operating locomotives and yard engines. One year following this promotion, I was given the opportunity to test for apprenticeship as a sheet metal pipefitter. I passed the test, and in 1989 I headed to Beech Grove, Indiana, as a member of the last apprenticeship class for Amtrak. Four years later I completed my apprenticeship and soon after was appointed as lead pipefitter in recognition of my hard work ethic.
As I saw my efforts start to be noticed, I grew the confidence to apply for a management role and got the position over 100 other applicants. After four and a half years working, commissioning new high speed rail trainsets and locomotives in Colorado and Pennsylvania, I decided to resign from management and focus again on helping raise my kids and being a sheet metal pipefitter. I had still been paying union dues to SMART, and I knew that by making this decision I could live comfortably and start my dreams of having and raising a family.
What advice would you give to a young person considering getting into this field?
The advice I have for the youth entering this field is to think about the long term and where you see yourself in the near future. My path started by getting into a trade: working with diesel engines, which transformed into working in sheet metal. This is a great field, and you can’t go wrong working in it. Start while you’re young and able to grow and advance with the technology, and hone the skills you’ll acquire along the way. Even if your plans and ambitions change later on, make sound decisions that will help you grow into a better version of who you are today.
My spouse at the time was able to raise our two beautiful daughters in our new home solely off the salary of a sheet metal pipefitter. It has been a very rewarding and providing career, and I would recommend it to the young folks trying to make a living for themselves and/ or their families.
What has been your involvement with SMART?
My involvement with SMART began by dispersing contract information along with information pertaining to the fields that spell out the SMART acronym to fellow pipefitters within the union. To further my commitment to the union, I ran for an officer’s position as financial secretary-treasurer. The local union needed my leadership and steady hand in order to get back in good standing.
During my time, we were successful in balancing the budget, getting membership dues up to date and passing a major audit. I took pride in servicing our members, and it was noticed by our General Chairman John McCloskey. He recommended I apply for the financial secretary-treasurer position for SMART General Committee II for passenger rails. I applied for the role and accepted the opportunity to serve as a board member while holding my place as financial secretary-treasurer for Local 363. With this new level of responsibility, I was able to travel across the country not only to audit 10 local books, but to fulfill my dream of exploring the United States.
SMART General Committee II
How has working for our union helped you?
Working with the union has helped me to understand what it means to be a part of something bigger, while also being a great contributor to my society and community closest to me. I believe we are all here to help serve one another in varying capacities, and the union was my avenue to serve. Because the union opened its doors for me to give back to my people, I was able to reflect on how I was truly walking in my calling. For that I am grateful.
Tell us something that might surprise people to know about you.
I have more than 38 years of perfect attendance, and I have only been tardy once. And on June 26, 2023, I will celebrate 39 years with Amtrak. The third thing people may be shocked to know about me is that I was a councilman for the Town of Fairmount Heights and that I ran for mayor of my town, only losing by 16 votes. The last thing others may be taken aback by is that I was a member of the team that broke the record for fastest train travel at a speed of 161 miles per hour. This was while I was working in Philadelphia, commissioning high speed trainsets. I guess you could say I am full of surprises.
What are you most proud of?
I would without question say that I am most proud of my daughters Whitney and Juel Downing, who bring a smile on my face at the sheer thought of them. Since birth they have been my pride and joy, something I desired and worked hard for ever since I was a young man. As adults they have exceeded my expectations by earning their bachelors’ and masters’ degrees. Growing up they have given me no issues whatsoever, and I can confidently say I have model children who have grown to become contributing members of society. This brings me the utmost pride.
The SMART Women’s Committee works to recruit, retain and promote women in our trade and ensure women have support networks that empower them to reach their fullest potential. This work is especially vital as SMART continues to strengthen and grow our union, and it requires all hands on deck.
“People of organized union labor have made enormous progress in wages, working conditions, benefits, job security and human rights,” the SMART Women’s Committee website reads. “If working women are to gain equality, they must work with and through their unions.”
In 2023, following yet another successful Tradeswomen Build Nations conference in 2022, the Women’s Committee expanded its ranks by adding three SMART sisters. Meet the new committee members:
Amy Carr
Amy is a member of SMART Local 276 in Victoria, British Columbia, specializing in HVAC and welded grease duct systems for Lewis Sheet Metal. She recently became a part-time instructor at Camosun College, teaching sheet metal to first-year students and trade sampler programs; she also promotes her craft to school district programs across Victoria.
Amy has served on many governance committees over the years. She was a founding member of the B.C. Centre for Women in the Trades, a director at-large for the B.C. Tradeswomen Society and worked with the B.C. Construction Association, creating the “Don’t Be a Tool” program. You will often hear Amy say: “If there aren’t enough seats at the table, we will build a bigger one!”
Annet Del Rosario
Annet Del Rosario was born in Orange County, California, and has spent most of her life in San Diego. She began her career in the sheet metal trade in 2002 and later attended the SMART apprenticeship program from 2004–08. Annet’s determination and hard work earned her the position of shop foreperson/supervisor for Able Heating & Air Conditioning, Inc. in 2010 — a position she holds to this day.
Annet’s passion for the unionized construction industry is evident in how actively she works to promote the trades. Annet currently serves as a vice president and E-board member for SMART Local 206 (San Diego). Even beyond her local, though, Annet saw the need for additional support for tradeswomen, and in 2017, she created Building Trade Sisters (BTS): a local group supporting women across the industry. BTS meets monthly and works collectively towards advancing the presence of women in construction, along with improving work experiences for women in the trades. Annet was honored in July 2022 with the NABTU Tradeswomen Heroes award, and she continues to fight for equality for women across the industry.
Subrina Sandefur
Subrina Sandefur began her sheet metal career in 2000 for SMART Local 20 (Indianapolis, Ind.). She worked at Tarpenning Laffollette Company, where her first position was cleaning the shop. Subrina advanced her skills by learning how to run and maintain machines and equipment in her shop, including C3000 Turret, Mororun2548 Turret and Mazek Laser, and she became the leader of the cabinet and rad door department for 10 years, making herself valuable by being a person everyone could count on.
Subrina prides herself on having a solution or answer to problems, being energetic and being highly efficient at her job. In August 2022, Subrina was the first woman in Local 20 to win the SMACNA Excellence Award. Subrina’s hard work has led her to the foreperson position at her shop. She is a driven advocate for women and serves as chair of the Local 20 Women’s Committee.
Members of the military preparing to leave the service often have difficulties transitioning to civilian jobs — they suffer a loss of community, have trouble relating to civilians who don’t understand military life and struggle with how to find a career, not just a job. Five years ago, the SMART Heroes program started giving veterans and active-duty military about to transition to the civilian world in western Washington a shot at a career as a sheet metal worker. To date, 500 participants have graduated to become journey-level sheet metal workers.
The program — created by the International Training Institute (ITI), the International Association of Sheet Metal, Air, Rail and Transportation (SMART) workers and the Sheet Metal and Air Conditioning Contractors’ National Association (SMACNA) — presents participants with a concentrated seven-week course equivalent to their first-year sheet metal apprentice training (224 hours). Upon discharge from service, program graduates may choose to enter any of the 148 SMART apprenticeship programs in the United States and are provided direct entry and advanced placement as second-year sheet metal apprentices, which includes a living wage, health and pension benefits and a distinct career pathway.
Kevin “Lucky” Moore is a member of the second class of SMART Heroes and will graduate from the apprenticeship program at Western Washington Sheet Metal JATC in spring 2023. Upon his medical retirement from the U.S. Army in 2017, Moore recalled feeling a bit lost as he looked for his next step.
“I wanted to go into a job similar to my job in the infantry, just to stay in the lifestyle,” Moore said. “It was becoming an identity crisis for me, not knowing what to do with my life.”
WATCH: The SMART Heroes program graduated its 500th participant in March 2023, reaching this milestone in just over five years.
For Moore, the military was a family business, and he was concerned he wouldn’t find the solidarity he’d experienced among military members and their families anywhere else. Instead, he found a place that merged his military and sheet metal skills, and although it’s not the same, it was good enough to get the attention of his 19-yearold son, Alex Hogeland, who is currently a first-year apprentice.
“I was losing that identity, and one thing I was really dreading was losing that camaraderie,” Moore said. “The similarities between the union and the military as far as the brotherhood and the camaraderie was a big draw for me. They’re never going to be the same, but they’re very close — so the transition isn’t so bad.”
In addition to the brotherhood and sisterhood found in the union, past SMART Heroes graduates have said working with their hands, being outside, having a clear line of advancement and performing to expectations were all similarities between the military and the union that drew them to the program.
“I had choices after retirement. I knew that with sheet metal I would be actually working. I didn’t want to sit at a desk anymore,” said Richard Quintana, a member of the first SMART Heroes class who graduated from the apprenticeship in early 2022. “I also didn’t want to be in charge of a bunch of people. The Army isn’t the easiest [place] to be in charge of people. You can go somewhere, and you will come back with half of them. It takes a toll. I needed a break. I wanted to work with my hands, and this one sort of fell in my lap.”
Five years in, Moore said he’s watched the program evolve, and every day he finds out more information to help the next class of SMART Heroes. He and other veterans at SMART Local 66 (western Washington) have started a volunteer veterans committee and sit in on SMART Heroes admittance interviews to provide military expertise and guidance for the veterans and the union.
As part of that evolution, SMART Heroes opened a second location in Colorado Springs, Colorado in 2019. Josh Moore (no relation to Kevin Moore), SMART Heroes specialist with the ITI and an Army veteran, would like to see the program branch out even farther across the country.
“You’re not going to find opportunities like this too often after taking a seven-week course,” Josh Moore said. “I think these veterans have a solid opportunity in front of them. I would love to tell all veterans about becoming a sheet metal apprentice, even if they don’t come through this program.”
Jackie Bennet retired from the SMART International Association on February 1, 2023, concluding 36 years of service. A dedicated and passionate employee, Jackie began as a clerk, then supported various departments as a secretary and retired as the assistant office manager. Throughout her career — which began under the Sheet Metal Workers International Association (SMWIA) and continued following the merger of the SMWIA and the United Transportation Union (UTU) that formed SMART — Jackie was a proud union supporter, on and off the job. She plans to spend her retirement at the beach, traveling with her husband, enjoying time with her son, daughter-in-law, grandchildren, nieces and nephews, and rooting for the Washington Commanders. SMART thanks Jackie for her many years of service!
Leah Hankins
Tragically, SMART lost another dedicated and loyal staff member on February 26, 2023, when Leah Hankins passed away following a battle with metastatic lung cancer. Like Jackie, Leah joined the union’s staff prior to the merger of the SMWIA and UTU, working as an audit clerk/typist in the Membership Department; an accounting clerk in the Membership Department; and finally, an audit specialist in the Membership Department. Leah worked particularly closely with local railroad unions, going above and beyond to support SMART officers and members through thick and thin. A dedicated and loyal employee, she spoke frequently of her husband, Dave, and her sons, Brent and Nathan. SMART continues to mourn Leah’s untimely passing, and staff and members alike send their condolences to Leah’s family.
SMART and the SMART Women’s Committee celebrated Women In Construction Week from March 5–11, 2023, putting a special focus on the life-changing careers in unionized sheet metal that are available to women across the United States and Canada. Along with two profile videos, SMART’s Women In Construction Week 2023 programming featured a kids art contest, a photo contest and a happy hour hosted by the Women’s Committee and SMART General President Joseph Sellers — including a video by Local 17’s (Boston, Mass.) Shamaiah Turner demonstrating how to make the 2023 happy hour drink, a tribute to trailblazing SMART sister and Director of Special Projects Louise Medina.
Women In Construction Week was founded by the National Association of Women in Construction (NAWIC), a group that started with just 16 women in 1953 and now has more than 115 chapters in 47 states. Launched in 1998, the national campaign for Women In Construction Week is held the first full week of March each year to highlight women’s vital contributions to the construction industry, increase the visibility of the many women serving as role models and educate the public about the opportunities that exist for women in the industry
Those opportunities were on full display in the SMART video profiles of Local 17 (Boston) sheet metal worker Adrian Mobley and fifth-year Local 17 apprentice Kerry Sampson — the first-ever female SMART sheet metal worker in Rhode Island.
Adrian Mobley
Mobley said her life changed when she entered the Building Pathways pre-apprenticeship program and met Shamaiah Turner. Mobley had previously worked as a nonunion nursing assistant, and she never had the financial security to move out of her parents’ house. Even worse, none of those companies provided her with health or dental benefits. That all changed, she noted, when she joined Local 17.
”I got into the union, and I stacked: saved money, saved, saved, and now I have a two-bedroom condo and I’m loving it. So I thank the union for that,” Mobley said.
“If a woman approached me right now wanting to get into sheet metal, I would tell her go for it,” she added. “If you see me doing it, you can do it. I saw another woman doing it, and I convinced myself I could do it.”
Kerry Sampson
Sampson echoed many of Mobley’s points. Before entering the Local 17 apprenticeship, she found a consistent, family-sustaining career hard to come by. Her hair dressing job, she said, didn’t pay very well but had some benefits; as a makeup artist, she made more money but had no benefits. Now, with the strong pay and benefits afforded by her union apprenticeship, she’s able to help her daughter go to nursing school, afford her own place and provide for her loved ones.
“I definitely have better work-life balance now that I’m in the union,” Sampson explained. “I make better Adrian Mobley Kerry Sampson money, I’m more comfortable, I have better benefits, I can do what I want to do with my free time. I love fishing; the first year of my apprenticeship I was able to buy a small aluminum boat, and now I own a 20-foot center console.”
SMART’s Women In Construction Week celebrations concluded with a virtual happy hour on the evening of Friday, March 11, during which the winners of the photo and kids art contests were announced, attendees played online games and trivia, and SMART sisters and allies shared in the camaraderie of union solidarity.
“Women In Construction Week gives us the opportunity to gather with sisters across North America, celebrate the many trailblazers in our industry, and spread awareness about the opportunities in our trade” said SMART Women’s Committee Chair Vanessa Carman. “We had another successful week in 2023, and we can’t wait for next year!”
International Representative Bob DiOrio retired on December 31, 2022 — concluding nearly 40 years of service to our union.
Retired International Rep. Bob DiOrio drinks a well-earned cup of coffee.
After starting his apprenticeship at Local 19 in Philadelphia in 1984 and becoming a journeyperson in 1988, DiOrio served on several of his local’s subsidiaries, including on Local 19’s executive board, the Local 19 Political Action League Committee, loan officer of the Local 19 Federal Credit Union and president of Local 19’s Beneficial Association. He helped lead the effort to grow the strength of his local as an organizer from 2000–04, then served his fellow members as a business representative from 2004–08, also leading the Center City Building Trades Committee as chairman. From there he moved onto international leadership, serving as Region 1 International Organizer from 2008–2011 and Region 1 International Representative from 2011–2022, with a stint as regional director of organizing from 2016–19.
DiOrio has been married to his wife, Carol, for 30 years; his daughter, Ashley Low, is an operating room surgical nurse supervisor, while his son, Vince DiOrio, works as a balancer for SMART Local 19. He is the proud grandfather of R.J., Nicholas and Vincenzo.
SMART thanks Bob DiOrio for his many years of dedication, and we wish him well in his retirement!
Like retiring SMART General President Joseph Sellers, Michael Coleman has decades of experience in both the sheet metal trade and union leadership. He began his career as a SMART sheet metal worker in 1985, when he joined what was then Local 65 in Cleveland, Ohio (Local 65 merged with Local 33 soon after).
“I was 18 years old, about to turn 19,” Coleman explained. “I had a job working for a moving company, but there wasn’t much of a future in that. And somebody I knew said, ‘why don’t you try taking the apprenticeship test to become a sheet metal worker?’ And like most people at the time, I said: ‘I don’t even know what a sheet metal worker is.’”
He took the apprenticeship test, honed his craft as a member of Local 33 (northern Ohio) and — despite having never considered union leadership — ended up running for election as a member of the local’s executive board. From there, he became business representative, then Local 33 president and business manager in 2012. Seven years later, the SMART General Executive Council asked him to move to Washington, DC to work as SMART’s director of business and management relations — and shortly after that, General President Sellers asked him to become assistant to the general president. In all, it amounts to more than 20 years of dedicated leadership at the local and international level.
Watch an interview with incoming SMART General President Michael Coleman
“Much like General President Sellers, everything I have is because of this organization,” Coleman said. “I was floundering working for that moving company — becoming a sheet metal worker and a SMART member has provided me everything I have, along with my family. So I’m very dedicated to this organization. I’m driven because I think I owe everything I have to this organization.”
Coleman has seen first-hand the battles and victories of the last several years: from the fight against IRAPs and anti-worker rail policy, to huge wins like the Bipartisan Infrastructure Law and the current megaproject boom. As he prepares for his new role as general president, he says, those challenges and opportunities are top of mind.
“Now is our time,” he said. “These opportunities are once in a generation, and I’m very excited and very thankful to General President Sellers for positioning us as he did.”
When 64-year-old Orchard Park, N.Y. resident Chuckie Sonntag found himself in need of an entry ramp for his home, the SM Local 71 (Buffalo, N.Y.) SMART Army leapt into action — demonstrating the vital role unions play in American communities, on and off the job.
Sonntag, who helped form a local charity that gives economically challenged Buffalo-area kids the chance to attend their first NFL games, is a double amputee who lost his limbs to a bone disease — his arm at age 35, and his legs eight years ago. Until recently, he only had an entry ramp at the front of his home, giving him just one way to enter and exit his house. A former member told Local 71 leadership about Sonntag’s plight, and the membership mobilized immediately.
“Our members find the time to help somebody; our [members] are workers who get satisfaction in helping others,” Local 71 Business Manager Paul Crist told WNYLaborToday.com. “When someone needs help in our community, why not us?”
“It’s important to help people who need,” added Local 71 Membership Development Organizer Andre Mayes. “We got a donated aluminum ramp, disassembled it at one location and then transported it over to Chuckie’s house just before the holidays (and in between two massive snowstorms that hit the Buffalo area, thankfully).”
Local 71 members assemble Sontagg’s rampSontagg uses his brand-new ramp
Mayes, Local 71 Vice President Cary Hinterberger and eight-year member Scott Brodnicki then spent the afternoon reconfiguring and installing the ramp, which had been broken down into eight-foot segments, at the back of the house.
“I jumped on board and volunteered. That’s the way I was brought up,” explained Brodnicki. “It always goes back to my [late] father, who was also a SMART member: When someone needs help, you lend a hand – no matter who it is.”
SMART Army projects like the one at Sonntag’s house help spread the word about how all working people benefit from the presence of organized labor; they show clearly that unions are pillars of local communities. More importantly, such projects put labor’s principles into action, demonstrating the real, concrete power of community solidarity.
“I’m so happy — [Local 71] came through for me,” Sonntag told WNYLaborToday.com. “They’re a bunch of really nice guys. [The ramp] works really well, and it couldn’t have happened at a better time.”
