Union protesters gathered in below-freezing temperatures as the Port of Longview Board of Commissioners awarded a $44.6 million contract to Rotschy Inc., a Vancouver-based construction company with a history of labor violations, which sparked outrage among union representatives.
On Wednesday, Jan. 22, port commissioners voted 2-1 to approve the bid for the first phase of the Industrial Rail Corridor Expansion Project, despite heated protests from labor unions and one commissioner’s dissent.
The project will expand the rail line connecting the port to the main line between Portland and Seattle. The contract includes building infrastructure for six 8,500-foot rail tracks, though only two will be constructed for the project’s initial phase. The contractor will extend two existing tracks by 1,000 feet, adding stormwater systems, lighting and utility improvements. Rotschy was the lowest bidder for the contract, which was put out for bid in October 2024.
Commissioner Evan Jones, the sole vote against the bid, criticized the absence of safety criteria in the bidding process.
“Frankly, I think the message it sends is, ‘Hurt as many kids as you want,’ and I’m not comfortable sending that message,” Jones told The Reflector ahead of the vote.
Jones raised concerns about Rotschy’s safety record minutes before the meeting took place. In January 2024, Washington’s Department of Labor & Industries (L&I) fined the company $156,259 after a 16-year-old boy from La Center working for Rotschy suffered a workplace accident resulting in the loss of both legs. L&I’s investigation revealed that in June 2023, the teen was instructed to operate a walk-behind trenching machine without proper supervision or safety measures. The accident occurred when the machine pulled the worker’s legs into its rotating blades, leading to a double amputation. Additionally, the company was fined over $300,000 for 45 violations involving denied meal breaks for minor workers and more than 150 breaches of state regulations on work hours for minors. In 2019, Rotschy had been temporarily placed on L&I’s severe violator list for failing to comply with trench safety standards; however, those citations were later reduced following appeals.
Representatives from multiple local unions voiced their frustration after the commissioners’ decision last week.
Aurora Biggers, communications and research specialist for the International Union of Operating Engineers Local 701 representing nearly 4,000 workers in Oregon and southwest Washington, condemned the bid during the Wednesday, Jan. 23, port meeting.
“Unfortunately, these violations seem to be a routine cost of business for the company with a pattern of repeat violations dating back to at least 2019,” Biggers said during the meeting. “Rotschy is not a contractor who committed a violation unaware of labor laws. Rather, the company is woefully aware of the violations [they’re] committing and persists unabated and unremorseful.”
Mike Bridges, president of the Longview/Kelso Washington State Building & Construction Trades Council, expressed similar concerns. While he acknowledged the importance of the project, Bridges urged the commissioners to rebid the contract to ensure fair and safe practices.
Despite the outcry from a room full of union workers and representatives, commissioners Allan Erikson and Jeff Wilson voted to approve the contract. Jones’ motion to rescind the bid for rebidding was not seconded.
The port’s decision frustrated Justin Sellers, business manager and secretary-treasurer of Laborers Union Local 335. The union, representing construction workers in southwest Washington including 20 employed by the port, brought an inflatable “fat cat” balloon gripping a construction worker by the neck, symbolizing their protest against the contractor’s labor practices.
“It’s a slap in the face to all construction companies and union construction companies … for allowing contractors to work on job sites with just horrendous safety violations and continuing with horrendous safety violations,” Sellers said.
Jones explained that the port cannot legally reject bids simply to avoid a specific contractor. However, the law permits a rebid if there is a “clear or compelling” reason. Jones argued that the absence of safety criteria in the original bid qualified as such a reason, but his motion to rebid was unsuccessful. He called this a critical oversight, pointing out that the port had used similar criteria to those employed by the Washington state Department of Transportation for similar bids, believing they ensured adequate safety standards.
Nick Massie, a corporate advocate for Rotschy, acknowledged the company’s past violations but emphasized efforts to improve safety practices.
“One thing we’ve done at Rotschy is we’ve hired some more people to help us out with this. We’ve put an occupational nurse on staff, and we’ve also hired two dedicated safety inspectors — one in Pasco and one in Vancouver,” Massie told The Reflector.
He added that the company now conducts quarterly safety training and has an in-house coordinator to ensure compliance with state standards.
As the contract moves forward, Jones vowed to monitor Rotschy closely. Jones expressed concerns his only recourse is to notify L&I of any potential violations.
“I believe it was Aurora Biggers who said that, for companies like Rotschy, fines are just the cost of doing business, and I agree wholeheartedly,” Jones said. “I hope I’m wrong. I genuinely, from the bottom of my heart, hope that nothing happens and this is all for nothing, but I’m really dreading the day I have to say, ‘I told you so.’”