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Former MASS MoCA union member says museum fired him over sounding the alarm about improper asbestos disposal

The dumpster under North Adams, Massachusetts' Route 2 overpass in the city's downtown, on the fringes of the MASS MoCA campus where Art Bentley says he was ordered to dispose of asbestos.
Josh Landes
/
WAMC
The dumpster under North Adams, Massachusetts' Route 2 overpass in the city's downtown, on the fringes of the MASS MoCA campus where Art Bentley says he was ordered to dispose of asbestos.

A former employee of North Adams, Massachusetts art museum MASS MoCA says he was fired after sounding the alarm about improper asbestos disposal.

Art Bentley is a native of North Adams, and spent almost seven years working in maintenance at the sprawling contemporary art museum that dominates the city core. MASS MoCA, housed in the former Sprague Electric Plant campus, is a major tourism draw for a city still suffering from the demise of manufacturing jobs and the loss of industry. It pays no taxes to the city, and touts its contribution to the local economy.

Last year, Bentley was fired from the museum. While MASS MoCA told him it was due to his conduct, he believes it’s about his choice to speak up about dangerous and illegal disposal of asbestos.

“I was told to remove carpet and put plywood down by my boss," Bentley told WAMC. "And we realized there was asbestos underneath it. After pretty much confirming – we didn't have it tested at the time – but pretty much confirming that it was asbestos, he sent me and his son up there to remove it, hide it in bags, wait for the new dumpster to come the next day, throw it in the dumpster, and patch it up.”

Asbestos floor tiles Art Bentley found underneath the carpet in a MASS MoCA building.
Art Bentley
/
Provided
Asbestos floor tiles Art Bentley found underneath the carpet in a MASS MoCA building.

As he followed instructions and left the materials in an open dumpster under the Route 2 overpass in the heart of North Adams, Bentley says he knew the risks asbestos posed.

“Mesothelioma, cancer- It's contamination of the planet," he told WAMC. "It's putting a lot of people in danger.”

The asbestos tiling discovered during maintenance on the MASS MoCA campus disposed in an open dumpster in downtown North Adams.
Art Bentley
/
Provided
The asbestos tiling discovered during maintenance on the MASS MoCA campus disposed in an open dumpster in downtown North Adams.

It didn’t sit well with him.

“So, I went home that night and felt guilty, like we're doing stuff wrong, or this ain’t how it's supposed to be," Bentley continued. "So, the next morning when I went to work, I called the dumpster company and reported to them that the asbestos was thrown into the dumpster, and then I called my union and [the Occupational Safety and Health Administration] and stuff, and in the midst of all that, I was confronted by my big boss and told that I was going home on paid leave for an investigation of swearing at one of my coworkers.”

Two weeks later, when Bentley was called in for a meeting, he was accused of being a loose cannon.

“But they literally promoted me a month before to team leader of our whole crew, and then the next day, they fired me for supposedly saying that head of security is going down, I'm going to make her life hell," he told WAMC. "And which the union says it's not a fireable offense even if I did say it, which I didn't say it. It's not a fireable offense, and it's going into [arbitration] with the union for unjust firing. And I also have been in contact with the whistleblowers from OSHA, and they are filing a complaint and doing everything against MASS MoCA for fired me for calling about the asbestos.”

Bentley claims the museum showed its hand during the meeting.

“When I was in my interview for the trouble or whatever, one of the questions they asked me was Did you call Casella and report the asbestos in the dumpster? And I told them, yes, and that's when my union rep spoke up and said, are you trying to say he suddenly called someone about illegal removal of asbestos? And then they changed the story," he said. "And that was the HR department of MASS MoCA.”

Bentley says the situation has ramifications for the larger North Adams community.

“Everybody should know what MASS MoCA is doing," he told WAMC. "I mean, they have contractors come in and dig up the ground. MASS MoCA is, it's an old Sprague Electric plant, and the Arnold Print Works plant. So, it's a very contaminated site. They just- I don't know, they do what they want. They're just taking over the whole town, and they don't pay taxes, and I don't know, they do whatever they want. It's just, it needs to be stopped. They got to obey the laws.”

Bentley’s firing comes as MASS MoCA continues contract negotiations with its unionized staff. Last month, workers demonstrated for higher wages, with a rep describing the museum’s offerings at the bargaining table as insulting in an interview with WAMC News.

Bentley, especially on the heels of his recent promotion, thinks his treatment is part of a larger museum strategy to crack down on organized labor.

“Oh, I believe it's definitely part of that because I'm very for the union," he told WAMC. "I think that we all deserve a fair wage. They know that, and they know I push for that, and I'm the one- I'm like, the main voice in the basement for all of maintenance, all of custodial. I'm the one that tells them when union meetings are, what we're going to do, we're going on strike or we're not going on strike, and we need to take the strike vote or- I'm the one that always pushed it, pushed it, pushed it, pushed it.”

Reached by WAMC, OSHA said that it “can neither confirm nor deny the existence of a whistleblower complaint or investigation.”

Bentley’s union, UAW Local 2110, told WAMC it would not comment on the record about the situation.

MASS MoCA told WAMC that it would also not comment on Bentley’s claims, but offered the following statement:

“Our employee culture is guided by a clear code of ethics including a commitment to establishing and upholding the highest standards of professional practice and ethical conduct and promoting an atmosphere of mutual support, respect, engagement, and learning within our various communities. Discriminatory harassment of employees is unlawful and not tolerated at MASS MoCA and we are committed to providing a safe, violence-free workplace for our employees. In addition, we routinely conduct unoccupied space improvements throughout our 16-acre campus. If unknown materials are discovered, activity is halted, materials are safely contained and isolated in a secure storage area, and samples are sent to a licensed environmental firm for analysis. We follow disposal protocols as well as any other guidance as recommended by experts to ensure employees working conditions are free of known dangers.”

MASS MoCA has been a WAMC underwriter.

Josh Landes has been WAMC's Berkshire Bureau Chief since February 2018, following stints at WBGO Newark and WFMU East Orange. A passionate advocate for Western Massachusetts, Landes was raised in Pittsfield and attended Hampshire College in Amherst, receiving his bachelor's in Ethnomusicology and Radio Production. His free time is spent with his cat Harry, experimental electronic music, and exploring the woods.
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