by HEATHER WOOD
CONSTRUCTION industry practices have been called into question following a veteran electrician's complaints of racist procedures, health and safety violations and Immigration abuses.
Ross White, a black Bermudian who trained and worked in the United States for several years, said he was fired in February because he made an issue of actions he knew to be in breach of industrial codes and the Employers' Act.
He lodged complaints with the Human Rights Commission, the Labour Department and the Bermuda Industrial Union as a result.
Although the Labour Department ruled in his favour, Mr. White said he had seen no evidence that Government has taken any action against his employers, P&M Electrical, who have been allowed to continue operations without penalty.
He is still awaiting a verdict from the other two bodies.
The veteran construction worker is now questioning whether Government is serious about having Bermudians living abroad return to the island.
"I've been an electrician for 17 years. I worked for five as an apprentice and have been a licensed electrician for the past 12 years. What it means in the United States, is that I'm licensed to practise according to the (electrical) codes and that if I don't I'm liable. Most people on the island aren't even certified.
"I have never been late for work. I'd never had any warnings. I'd been a model employee. There are all these rules and regulations as far as the Employment Act but employers can, at will, discriminate.
"The Premier (Ewart Brown) is asking for people with skills to come back home. If they want that they're going to have to change the system. I was wrongfully terminated and it's taken them four months to decide whether to move forward.
"It took two months just to get a meeting with my employer. After that meeting the Labour Relations officer ruled in favour of me, saying it was a case of wrongful termination, (and yet) there's been no follow-up."
Mr. White was born in Bermuda but spent several years in the United States. He returned to the island two years ago to care for an ageing relative and sought work in the construction industry.
"Some of the concerns out there involve employers not paying employees' benefits, racial abuses, safety violations, code violations. There's the human rights' violations I've not only seen, but encountered.
"Remember Berkeley and (the complaints lodged by) the consultant (Canadian, Gabe Martell)? It's the same type of thing I saw on the jobs I was working on and I complained about it to my employer."
That first complaint "didn't go over well", he admitted.
"Basically, he said to me, 'If the Planning Department approves it, if the inspector lets it go, if the customer doesn't complain, the only person who has a problem is me'. That's why things are getting done out there that are in violation of proper procedure."
In his experience, said Mr. White:
[bul] Blacks were never allowed to work as supervisors on big construction sites.
[bul] White Canadians with his qualifications were given more responsibility than he was, despite producing inferior work.
[bul] White workers in general, were placed on commercial jobs which demanded overtime, while he and other blacks were not.
[bul] Proper codes and procedures were not followed on job sites.
[bul] Workers would routinely inflate their timesheets.
[bul] Workers from Eastern Europe were brought in and promised a specific wage but in reality were paid much less and had to pay for housing while Canadians received a higher wage and a stipend for transport and lodging.
[bul]P&M Electrical placed job advertisements obviously tailored to specific employees and the practice was ignored by the Immigration Department.
Asked whether such infractions were limited to P&M Electrical or could be applied to the industry as a whole, he said: "It's across the board as far as I can tell.
"I'm not saying all employers do it, but I'd say more do it than they don't — especially the small contractors. As far as the racist (procedures) that's the bigger contractors.
"When I worked on jobs (with) BCM McAlpine, they only wanted white supervision. No matter how many years I've had, no many how many mistakes (the white supervisor) would make."
He cited a case where a Canadian foreman "burned up" a crane at a job site near BTC. Although the man had several mistakes to his record — and regularly failed to follow proper procedure — the incident was overlooked. And, despite the fact that Mr. White had previous crane experience, his request to do the job was turned down.
"What I found out later is that he'd never been a foreman before. It was after I'd worked there a few months that he was made a foreman on that job.
"So they had a choice of making me the foreman or him and they chose him because they wanted (that work experience) on his work permit application, they wanted to keep him on with key personnel (status).
"BCM was trying to extend his work permit because it only wants white supervision. I knew it didn't matter what qualifications I had, BCM would never want me. I could tell on the job that they didn't like me because of their racist attitude.
"The Union said that the reason why companies are able to continue (with such policies) is because no one complains. The very next day I made a complaint to an Immigration officer. She said the same thing, that everyone knows there are all these abuses out there, but no one complains. I've complained."
Mr. White said it is his belief that such practice continues because the entire industry is corrupt and that those involved receive payment for turning a blind eye.
"It's an old boys' network so there's no potentially (receiving payment), I think it's a matter of fact," he stated. "The construction industry is the most lucrative industry outside of the exempt companies. You complain, they basically get rid of you."
Having worked less than two years for P&M Electrical, Mr. White said his complaints left him in a particularly vulnerable position. Because his pension was not vested, the company was allowed to withdraw half of it from personal investments he had made.
"So for four months now, I have no health insurance, I have no employment, I'm not making any money and I've not done anything wrong. So my statement is if this is how they want people to be treated, if they want people to come back home, if they don't want intimidation to be a factor, then they're going to have to change something.
"(Opposition Leader) Michael Dunkley was talking about how the intimidation factor is not going to be tolerated here . . . this whole place is built on intimidation.
"That's why no one will speak up. I've already been threatened. I've been warned I will never work again — and chances are, that's the case, that's what's going to happen. I understand that and I accept that but think about the average Bermudian is not going to do what I did. He's not going to step up and take companies on and go four months — or longer — out of work.
"What more do they want me to do? If they seriously want people to come home, then they have to change things. I'm not saying these things just to say them. I lived in a place that was 98 per cent white, and I've never been treated this way before."
