Stop Worker Abuse Now!
 

Brought to you by the hard working families of the Carpenters' District Council of Kansas City and Vicinity

              Dynamic Drywall, Inc.

No fall protection on a Miller Stauch project in Overland Park

Miller Stauch, the general contractor on this project at 135th & Metcalf, Overland Park, Kansas, has engaged Dynamic Drywall, Inc. of Wichita, Kansas to "frame and hang" the drywall on this new building.  Dynamic, for its part, has utilized a large number of foreign workers, many of whom may be here illegally.  Dynamic has not paid taxes on the earnings of these vulnerable workers.  It hasn't deducted or paid social security, federal income taxes, worker's compensation, etc.  Not Anything!  Not only does this make it impossible for legitimate local contractors to compete for this work, it deprives the taxpayers of this community out of revenue needed to maintain their local, state, and federal governments.

Many times like those shown above, workers are put into dangerous situations, where there is a serious risk of injury or death, without fall-protection.

Dynamic Drywall, Inc. won the metal stud and drywall contract to "frame and hang" the drywall on the Johnson County Adult Detention Center in Gardner, Kansas.  Dynamic then contracted Jose Amador d/b/a/ A & A Drywall to supplement the labor force.  Jose Amador and the workers provided by him do not risk profit or loss on the project, they did not supply the materials, they did not supply the gang boxes or scaffolds, and they did not supply the power tools.  The only thing Jose Amador d/b/a A & A Drywall, and the workers provided by him, supplied was the labor to complete the project.  Organizers from the Carpenters' District Council of Kansas City and Vicinity have found that on most, if not all, of Dynamic's projects this is how Dynamic operates.  Jose Amador classifies the workers on these projects as independent subcontractors.  On many projects, there will be one or two workers classified as Dynamic employees, and the rest of the work force is supplied by Jose Amador and are classified as independent subcontractors.  The workers supplied by Jose Amador work at the direction of the Dynamic employees on that job, they are told where, when, and what type of work to do. IRS guidelines for determining if a worker is an employee or independent subcontractor clearly would classify these workers as employees of A & A Drywall, and quite probably employees of Dynamic Drywall as a joint employer. 

Roger Roper claims "There's not a thing in it that's true", when interviewed by the Columbia Missourian in regards to a union flier, but in a letter dated December 20,2004 to the U.S. Department of Labor, William F. Kluge attorney for Dynamic Drywall states "... On or about October 28, 2004, Dynamic received an OSHA records request from Martinlano Quintero.  Mr. Quintero had never been an employee or even an applicant at Dynamic and Dynamic knew nothing about him."  Kluge goes on to write "... Dynamic subsequently learned that on August 31, 2004, Mr. Quintero was an employee of Jose Amador, a drywall sub-sub-contractor.".  In another letter to the U.S. Department of Labor, dated January 4, 2005, Attorney Kluge writes "Pursuant to your verbal request, I am delivering herewith on behalf of Dynamic Drywall, Inc., the following documents in connection with the above Complaint...Dynamic Drywall, Inc.'s Drywall Sub-Contract with Jose Amador, d/b/a A & A Drywall under date of July 16, 2004, covering the Johnson County Adult Residential Center."  Martinlano Quintero was injured on that job.  He fell off of a scaffold, broke his wrist and shattered his elbow.  There was no workmans' compensation to cover his injury, and unable to work, Martinlano returned to Mexico.  We truly believe that Roger Roper will say anything to cover up the truth.  When confronted by a newspaper reporter, Roger Roper says that Dynamic Drywall does not pay workers "indirectly through a middle man", but when the U.S. Department of Labor is investigating an injury to a worker, Roger Roper, through his attorney William F. Kluge, says just that.  Roger Roper and Dynamic Drywall, Inc., apparently believe there is something wrong with what they are doing, otherwise why would they lie to the Columbia Missourian?