For this episode of the Talking SMART podcast, we sat down with SMART Local 28 Business Agent Marvin Tavarez to discuss his journey going from working non-union to being organized into SMART. He breaks down some of the myths about organizing into our union versus taking a more traditional full apprenticeship route.
“Some people are like ‘Oh, that’s the backdoor, that’s the backdoor,’ ” says Tavarez. “But at the end of the day, it all comes down to educating the membership. You know, if you’re not organizing members in, you’re gonna be working against them and not with them.”
“If you’re not organizing members in, you’re gonna be working against them and not with them.”
Tavarez also discussed his efforts to help build a rank-and-file building trades movement, including organizing rallies attended by thousands in New York City.
“As soon as I got into the union,” says Tavarez, “I felt like I needed to give back, someway, somehow. I was getting so much from the union… what can I do to contribute? So, I started a rank-and-file movement on Facebook. Started with like five members. Within a year, year and a half, it grew to over 10,000 members on social media.”
At the end of this episode, in his last open mic segment before he retired at the end of May 2023, former SMART General President Joseph Sellers discusses the road ahead for SMART, as we work to train a new generation of members and staff up scores of large “megaprojects” across the United States and Canada.
Wage theft and worker misclassification are forms of exploitation that litter the construction industry, where unscrupulous employers take advantage of employees to pay them less than what they are owed. A recent Economic Policy Institute (EPI) study found that construction workers lose out on as much as $16,729 per year in income and job benefits; the EPI also reported that wage theft costs American workers as much as $50 billion per year — more than annual robberies, burglaries and motor vehicle thefts combined.
SMART locals are fighting against such practices from coast to coast – helping workers win the pay that they deserve.
Watch coverage of victories against wage theft and worker misclassification by SMART local unions.
“Wage theft is occurring everywhere in the construction industry, and employers will take advantage of those people who may not know what their rights are or have any idea of what prevailing wages are,” SMART Local 16 (Portland, Oregon) Business Manager Brian Noble explained in a recent episode of SMART News. “That’s who they prey on.”
SMART Local 16 has filed 10 prevailing wage complaints against 360 Sheet Metal, an aggressively anti-union contractor in Vancouver, Washington, whose workers previously went on strike after joining Local 16. The company was paying workers $12 to $15 an hour for fabricating duct in its shop, at a time when the prevailing wage (which applies to fabrication of ductwork in the state) was more than $65 an hour.
The Washington Department of Labor & Industries has resolved four of the 10 complaints so far.
“In those four cases,” Noble said, “they found that [the owner of 360 Sheet Metal] owed over $200,000 in back wages to 20 workers, and they assessed $115,000 in penalties for failing to pay prevailing wage in the shop.”
In Virginia, meanwhile, SMART Local 100 filed a complaint with the U.S. Department of Labor (DOL) alleging that a nonunion contractor on the Potomac Yards Metro Station project had misclassified sheet metal workers performing metal roofing work on the station. This resulted in them being paid approximately 60% less than the prevailing wage – hurting those workers and taking work away from Local 100.
“Misclassification is pretty rampant across the country,” explained Local 100 Marketing Director Chuck Sewell to SMART News. “Our contractors have to abide by certain rules, they have to pay certain rates, they know what the rates are, so that’s how they bid the projects. If you have these low-wage contractors come in and undercut everybody and get the project, it takes work hours from the local.”
The DOL investigation, which ended in the fall of 2022, found that the employees in question were, in fact, misclassified, resulting in more than $288,000 in back wages being recovered for eight workers.
Such wins against wage theft and worker misclassifications are critical for employees, ensuring that they are fairly compensated for their labor. They also demonstrate the crucial role unions play in representing all workers, including those who have yet to be organized.
“It’s important that we make sure all workers are represented and get what they deserve,” Noble concluded. “[It’s vital] that we stop these employers from undercutting our contractors and the industry, and most importantly, that these underrepresented workers are getting what’s truly owed to them.”
The United States Bureau of Labor Statistics released its annual report in January 2023, revealing a growth in domestic union membership and illustrating the urgency with which unions like SMART must organize nonunion workers and lobby for new labor laws.
American union membership grew by 273,000 workers in 2022 – matching the surge in organizing witnessed last year, as evidenced by a 53% increase in National Labor Relations Board union election filings.
“Despite the antiquated state of the United States’ labor laws, and despite the anti-worker attacks of CEOs like Jeff Bezos, Howard Schultz and others across industries, workers kept organizing in 2022,” said SMART General President Joseph Sellers. “In our own union, we saw victories everywhere from Philadelphia to Ketchikan, Alaska. The fact that workers continue to persevere in the face of powerful, well-funded opposition serves as a reminder that we must keep up the fight to organize working people in every state.”
Unfortunately, despite high-profile victories at anti-labor corporations like Amazon and Starbucks, nonunion jobs were added to the U.S. economy at a faster rate, lowering American union density to 10.1% of the total workforce. That includes the construction industry, where the percentage of unionized workers dropped from 13.6% to 12.4%, and the transportation and warehousing sectors, where the number of workers represented by a union grew by 46,000, but union density dropped from 16.1% to 15.5%.
Even with those decreases, though, the Economic Policy Institute calculates that more than 60 million workers wanted to join a union in 2022 but couldn’t, often due to illegal union-busting by employers. Additionally, a Gallup poll found that 71% of Americans approve of labor unions – the highest number in almost 60 years.
“These statistics tell us two things,” explained SMART Director of Organizing Darrell Roberts. “First, U.S. labor law needs drastic overhaul, which Congress can take a first step towards by passing the Protecting the Right to Organize (PRO) Act. Second, every member of this union – from international leadership to rank-and-file members across the country – needs to commit to bringing workers into our union at a mass scale.”
SMART members know first-hand the better pay, working conditions and family-sustaining benefits that unions achieve through collective bargaining and solidarity, Roberts added. That power can only be strengthened if we focus on bringing more workers into our ranks.
“The open shop is adding jobs at a rate that aims to threaten our market share, but we know that workers want what we can provide: good, middle-class jobs,” he said. “We will persevere in our organizing across the U.S. and Canada to make sure more workers can achieve that goal.”
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.”
Construction on the TSMC chip plant in Phoenix, Arizona. Photo courtesy of TSMC.
New chip plant megaprojects continue to create jobs for SMART sheet metal workers across North America – including in Arizona, where huge projects have led to unprecedented job growth and a boom in the membership of SM Local 259 (Phoenix, Ariz.)
“We’ve been able to increase our membership. In 2017-18, we had 500 members, and we currently have about 850, so it’s created a lot of organizing opportunities for us,” said Jeff Holly, Local 359 business manager and financial secretary-treasurer, during a recent interview with SMART News. “All of our funds are super healthy – health and welfare, pension funds, down to general fund activity at the hall. … It’s helped out the membership a lot.”
In Chandler, Ariz., an Intel chip plant is expected to employ more than 300 sheet metal workers at its peak and continue for two to three years. And in Phoenix, Taiwanese Semiconductor Manufacturing Company (TSMC) – the world’s largest manufacturer of advanced microchips – is building its first major U.S. production site, more than tripling its initial planned investment. The project currently employs over 400 sheet metal workers and is expected to last for three to five years.
Watch Jeff Holly’s interview on the Arizona chip plant projects on SMART News.
These chip plant projects specifically benefit SMART sheet metal workers, Holly explained.
“Everything’s got to be super clean, there’s a lot of filtration that goes into [chip plant construction] – a lot of scrubber work, exhaust, so they’re fairly labor intensive for sheet metal workers,” he said. “Most of the duct they’re using is rather large, so it ends up [requiring] more people than we used to use.”
The chip plant projects in Arizona mirror similar developments across the continent, including in Ohio, upstate New York and more. Like in Arizona, such projects provide opportunities not only for SMART sheet metal workers, but for locals aiming to organize, grow their membership and expand their market share. And while the Arizona chip plants were underway before the passage of labor-friendly legislation like the Bipartisan Infrastructure Law, the Inflation Reduction Act and the CHIPS and Science Act, Holly told SMART News that such laws will benefit SMART members moving forward.
“Since the CHIPS Act was enacted,” he said “we’re looking at the possibility of having our first large-scale project labor agreement being signed out at the TSMC project, which is something that the Arizona State Building Trades has never had really any success [with]. Even though these weren’t planned when these acts were enacted, I think they’re going to pay dividends in the very near future.”
Whether chip plants, data centers, electric vehicle battery plants or infrastructure jobs, megaprojects are expected to continue breaking ground across the United States and Canada in the near future. Members interested in traveling to work these jobs should visit the Sheet Metal Job Bank for more information.
SMART members across the country enjoy higher wages, better healthcare and stellar pensions thanks to the strength of our collective bargaining. But we can only maintain our power when we control substantial portions of a given area’s market share — and local unions can only grow their market share if they have a significant (and expanding) membership. In other words, it is vital that we bring nonunion workers into SMART.
“Organizing members is extremely crucial for SMART,” Local 28 (New York City) Business Rep. Marvin Tavarez said during a recent appearance on SMART News. “The more members we organize, the more companies we organize, the more capacity we have to go after the market share that we’ve lost.”
Increasing our membership and signing more union contractors is the most effective way for unions like SMART to compete with the open shop — particularly when it comes to forcing bad-faith contractors to play by the rules. It’s also the lifeblood of the labor movement.
“The only way that unions thrive and move forward is when we organize members,” Tavarez added. “That’s the way we create more market share.”
Watch the full interview in episode two of SMART News
Along with overviewing the importance of organizing, Tavarez pushed back on some of the misconceptions union workers sometimes have about their unorganized peers. Some current SMART members think that newly organized workers will take their jobs away. In reality, adding more members to our union gives us a greater chance of securing more work, providing more job opportunities for everyone. When our membership stagnates, the open shop gains more sway — allowing them to flood local markets with cheap labor that exploits workers and lowers area standards. By organizing, we grow our power and win more jobs for SMART workers.
Additionally, Tavarez said, some SMART members who entered the union via apprenticeship programs think that members who organized in are “card-buyers” who don’t care about the union. In practice, though, the opposite is usually the case. SMART members who previously worked nonunion are grateful for the opportunities they’ve gained and ready to fight tooth and nail for their SMART brothers and sisters. One case study: Tavarez himself.
“We’re all workers at the end of the day, and the only way we’re going to build real worker power is by organizing the unorganized.”
“Before I got organized, I had eviction notices everywhere I looked,” Tavarez told SMART News. “I didn’t have any medical benefits, I had subpar wages … it seemed like every day was a cloudy day.” After joining SMART, everything changed: He gained stability, financial security, healthcare and a family-sustaining career. Now, he works on behalf of his union every day as a business rep.
Laws like the Bipartisan Infrastructure Law and the CHIPS and Science Act have spurred a surge in new megaprojects across the country, from a Ford battery plant in Kentucky to a Micron factory in upstate New York. Locals in those areas need to grow in order to secure that work for current and future members — and all members have a role to play in making that happen.
“We’re all workers at the end of the day, and the only way we’re going to build real worker power is by organizing the unorganized,” Tavarez pointed out. “And that’s how members can help: By influencing [new members], embracing them, teaching them right from wrong and showing them that the union is the only way to go in order for them to feed their family, elevate themselves and really change their lives.”
SMART Local 2 in Kansas City participated in a new recruitment event in summer 2022. Earlier in the year, Business Manager Greg Chastain approached the Local 2 Women’s Committee to discuss how the local could reach a more diverse group when recruiting. The Women’s Committee immediately thought of Pride month.
Every June, Kansas City hosts a LGBTQ+ Pride parade and celebration that draws thousands of people — ideal for reaching every gender, age group and demographic. Local 2 supported the Women’s Committee’s suggestion by reserving two booths at the event.
When Pride month arrived, the Women’s Committee set up monitors with slideshows showing various aspects of the sheet metal trade and highlighting beautiful projects that have been made a staple of the city skyline. The booth also showcased multiple duct fittings and school projects, and the Women’s Committee passed out recruitment materials to visitors, including pamphlets about apprenticeships and benefits. The number one attraction at the booth was the virtual welder: Visitors of all age groups and experience levels were able to show their welding abilities.
All told, the Women’s Committee and Local 2 volunteers handed out swag and union information to more than 2,500 people. Several teachers and school counselors visited the booth, where they voiced that they would like to share information about apprenticeship programs and trades with their students to complement information about the college path.
Since June, Local 2 has seen an uptick in applications stemming from this event, and many applicants have already passed their tests and are awaiting placement. In other words, the LGBTQ+ Pride booths were a massive success.
Waters Mechanical was founded by Brandon Waters in 2000. His father was the owner of a union signatory firm, so he had some familiarity with the union. The company was struggling to grow its sheet metal workforce, which had dwindled to six sheet metal workers. They could not find enough qualified, experienced sheet metal workers, and it was impacting the company’s ability to grow and perform more projects.
As part of their organizing efforts, SM Local 85 (Atlanta, Ga.) contacted Waters to explain how the local could solve the company’s qualified sheet metal workforce shortage through its hiring hall, apprenticeship training program, continuous worker recruiting, turnkey benefit programs and more.
After a series of meetings between the company and the local, Business Manager Steve Langley signed an agreement with Waters Mechanical on February 14th, 2022.
The local began providing all classifications of sheet metal workers to the company. The company’s six existing sheet metal employees were offered membership in Local 85. Waters also joined Local 85 as an owner-member because he saw the value in participating in the union’s benefit programs.
Waters Mechanical successfully performs projects in the outlying areas of the huge Atlanta metro markets, as well as projects in smaller cities in middle and southern Georgia, like Savannah, Macon/Warner Robbins, Valdosta, St. Simonds Island and Augusta/Fort Gordon.
The partnership with Waters Mechanical is helping Local 85 to expand its market presence in these areas on schools, government buildings and light commercial/retail projects. These projects are mostly in outlying areas where the local previously had little to no presence.
Waters Mechanical opened a second office in the Atlanta area to focus on the northern part of the state. In addition to supplying sheet metal workers, Local 85 also assisted the company with finding the leadership personnel needed to run the expanded operations.
Today, the company has more than quadrupled its number of sheet metal workers and continues to steadily land new projects — which call for more sheet metal workers from Local 85’s hiring hall and apprentice program.
Because of the positive experience with Local 85, the company also became signatory to the UA locals in the area and is in conversations with Lance Fout, business manager of Local 435 in North Florida, about expanding operations into the Jacksonville market.
Kingspan workers in Santa Ana, Calif. are standing up for good jobs, safe workplaces and healthy communities. In October of 2021 they took their campaign public by presenting to their managers a majority petition demanding a fair process to decide whether to unionize. They also filed whistleblower complaints on health and safety violations, indoor air pollution and violations of the factory’s industrial pollution permit. Since then, Kingspan was cited by Cal-OSHA with 22 violations, including five serious ones, with current penalties at $21,785. Workers have seen their workplace become safer and multiple pay raises since going public. Kingspan has over a dozen production facilities in the U.S. and Canada, but only three are currently signatory to SMART.
“We started this campaign first and foremost for worker safety. We’ve been without proper ventilation for some time,” said Israel Maldonado, Kingspan assembly worker.
“Here in Santa Ana, we continue to ask Kingspan to listen to our health and safety concerns for our own well-being, our families and our community.”
From Santa Ana, Calif. to Manchester, England, SMART members and allies are supporting this struggle. As of August 1, 2022, SMART members have shown up at over 100 actions in the U.S. and Canada at offices of Kingspan shareholders, trade shows and other events.
On June 14, 2022, our union organized a memorial altar for the 72 victims of the Grenfell Tower fire in front of Capital Group Headquarters in Los Angeles, in solidarity with 18,000 marching for justice in London that day.
“Today, we as Kingspan workers stand united in solidarity with all those in London marching for justice for the 72 people who lost their lives in the horrific Grenfell Tower fire on this day five years ago,” said Micaias Pacheco, a welder at Kingspan. “Here in Santa Ana, we continue to ask Kingspan to listen to our health and safety concerns for our own well-being, our families and our community.” We were joined by Clergy and Laity United for Economic Justice (CLUE), National Council for Occupational Safety and Health (COSH) and the Labor Network for Sustainability.
To learn more about Kingspan, the Grenfell Tower Fire, and the workers in Santa Ana, visit:
SMART SM Local 23 (Anchorage, Alaska) won a wall-to-wall election at Ketchikan Vigor Shipyard in June 2022, bringing workers at the third-largest employer in Ketchikan into our union. This is a huge triumph for the shipyard workers and Local 23, giving SMART and working families an enormous presence in the community.
In January 2022, Vigor Shipyards in Portland, Oregon, reached out to Local 16 (Portland, Ore.) Business Agent Shawn Eckelberry about the possibility of sending a few SMART members to Ketchikan to work at their nonunion shipyard, which was very busy at the time. Eckelberry, recognizing the opportunity for his members, talked to Business Manager Brian Noble about allowing this to happen.
Once the union workers arrived at the yard, it very quickly became apparent to both union and nonunion workers that both sides were skilled and took pride in their work. SMART members soon started talking to the unrepresented workers, asking why they were not union and what prevented them from joining a union in the past. Our members also described the benefits of being in Local 16 and how the nonunion workers could create a path toward enjoying similar advantages.
In early March, our members called Eckelberry to report their conversations with the Ketchikan workers, adding that the shipyard workers wanted to be represented by SMART Local 16. Eckelberry, noting that those workers belonged to the jurisdiction of Local 23, discussed the situation with Local 16 Business Manager Randy Golding; Golding, recognizing that a campaign this large would compel Local 23 to seek assistance from other locals in the SMART Northwest Regional Council (NWRC), ended up calling the president and vice president of the NWRC, Tim Carter and Lance Deyette, to discuss — along with Noble and Eckelberry — the possibility of organizing the Ketchikan shipyard.
NWRC President Carter and Vice President Deyette decided to move forward using the resources of Local 23, Local 16 and Seattle, Wash. Local 66. (Local 16 and Local 66 already have collective bargaining agreements with Vigor in their areas.) President Carter held a strategy meeting with the three regional managers affected and International Organizer Aaron Bailey, and a campaign plan was developed and implemented.
On Sunday, March 27, the first boots hit the ground in Ketchikan, with Eckelberry and Darrin Boyce from Local 16, Kal Rohde from Local 66 and Jens Schurig from Local 23 meeting with workers before their shifts, during breaks and lunch, and after shifts. The business agents and organizers also put together evening meetings for workers to ask questions without employer monitoring. Perhaps most importantly, SMART helped four workers start a voluntary organizing committee (VOC) – a vital part of the plan that gave ownership of the campaign to the workers. Those four workers voted to elect Danny VanNostrand the leader of their group.
NWRC President Tim Carter handbilled outside the shipyard.
After receiving more than 25 signed union cards in the first three days, SMART organizers knew they had to ramp up their efforts and maintain a constant presence in Ketchikan. In April, the NWRC held its spring meeting in Kennewick, Washington, where SMART General President Sellers, NWRC President Carter and the business managers from Local 16, Local 23 and Local 66 facilitated a strategy session on how to move forward with the campaign. That resulted in more than 15 people – including President Carter, three business managers and various business agents and organizers – rotating in and out of Ketchikan during April and May, passing out handbills and meeting with workers to answer their questions or concerns. The concerted effort paid off: In May, SMART filed for a union election with the National Labor Relations Board (NLRB), which ended up being a mailed ballot vote. On June 29, the vote took place via Zoom, where Local 23 won by a 26 to 19 margin! The Certification of Representation arrived from the NLRB on July 8, 2022.
Since then, information requests have gone out and have been received, and an all-hands meeting was conducted at the end of July for workers to express their opinions and wishes for upcoming contract negotiations. Every SMART leader, organizer and member involved in this momentous campaign looks forward to the day when Local 23 will announce a new collective bargaining agreement in Ketchikan!
