Still No Pay at the Inn

Workers Defense Project members and supporters demonstrated outside Holiday Inn Midtown earlier this month. (Photo by Jana Birchum)

As of press time Wednesday, the dispute continued to simmer between the Workers Defense Project and Florida-based Artistic General Contracting over payment for remodeling work on Holiday Inn Austin Midtown by a dozen construction workers earlier this year (see "Workers Fight Unpaid Holiday [Inn]," Aug. 12). On Aug. 10, WDP attorney Brian McGiverin rejected AGC's demand for additional identifying documentation of the workers, calling the request "a tactic of harassment" and suggesting the matter should now be settled "before a Travis County jury." AGC attorney S. Braxton Wiggs responded the following day by reiterating the contractor's demand for "some type of identification card" from the workers and giving a deadline for a response of Aug. 15.

On that Monday, McGiverin reported no progress ("It doesn't appear they want to settle out of court," he said), but AGC Executive Vice President Stevyn Muller said that WDP had requested and received a two-day extension, to Aug. 17. "My anticipation is that after consideration, WDP will be more reasonable in their actions, and we'll be able to get this resolved," Muller said. Asked why AGC appears willing to spend more than the workers' $10,000 labor claim on legal expenses instead, Muller said: "There's much more at stake here than the attorney costs. If the workers were hired [by the subcontractor] as independent contractors rather than employees, it creates liability issues and financial risks beyond the cost of attorneys."

Patricia Zavala of WDP said she had a lengthy but unproductive conversation with Muller on Monday. "While I understand his position," Zavala said, "I disagree with him, and I also think he doesn't quite grasp the legality [that] he and his company are responsible" for paying the workers. She said AGC is blaming the subcontractor that the company had hired without a signed contract, while also claiming the remodeling work was substandard. "All of these problems came up, but the people who ended up having to pay for it in the end were the workers." On Tuesday evening, Zavala said, the workers voted to accept AGC's offer to pay 70% of the $10,200 owed, provided Holiday Inn and AGC sign a declaration supporting workers' rights to fair treatment and fair pay on all future projects. Zavala said a proposed statement would be submitted to the hotel owners and contractors for their consideration.