6A - Memorandum, Justice for JanitorsMemo
To: Human Relations Commission
PYom: Carmen Arilano
Date: June 17, 2004
Re: Justice for Janitors
Se~vice Employees Internationai Umon (SEN) Local 105, is launching a Justice for
Janitors campaign m the Boulder area and has iequested C~ty of Boulder support. City
Counc~l has requested that HRC ieview the s~tuation and make a recommendation to
Council.
L,ocal ~amCors that aze working w~th SEN stafF w~ll be at the HRC June 21s~ meeting
to provide mformat~on regarding their workmg situat~on and orgamzmg efforts. Also,
Anel Calonne, City Attorney, will be present to answer any legal questions tha[ you
may have
I have enclosed mformation on the SEN Local 105 JusUce for Janrtors campatgn.
Please iev~ew before you Monday meehng. As always, call me @ 303-441-3141 or
R~chard @303-441-4196 if you have queshons Thanks.
Attachments:
Datly Camera Article• Jarutors Protest Lack of Health Care
SEN InformaUonal Flyers: Somers Buildmg Maintenance (SBM)
Letter Ron Alvarado, SBM Chief Admirustrative Officer
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LOCAL NEWS
~Jal11.tOY'S pY'+O~St
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~mp~y,
None of the companies, in- ble for them at wor$ an ey
shouldn't join, she said.
cludtng Somers, could be "SBM has made it very diffi-
reached for comment cult for us to organize in the
Mitch Ackerrnan, president work pla~e,"'Escabaz said, not
of the local chapter of the se% ing that she had been written
ice union Yhat represents about up for her efforts.
5,000 Colorado employees, sai~, _ Even though Somers offers
Somers was an euemy th~t yvae health caKe p1iAs, tfieyxare pio-r ;
terrorizing it;s emplqyees.~ '
~ hibipvely exgensiv~ fot mostof
_ Spmels '}1~s ag~ess"~ely the, employeee, manyaffwhoFp;k
`
catppaigned against• the ~itlion ~
, rely on Nledicaid #on t]~eir dh~=
and , even retaliated' againet~ dren, E~cabar said. "' ~-''
those who seek to joip the Janitors such as Escabaz
union -15 such workers were made speeches about their ex
fired from Amgen; Alzaga said. periences and called out rally-
Lucille Escabar, a, Somers ing cries,'such as'yes we cap'
employee who woiks at Atngen m 3paniah. ~ ~
and attendCd the rall3t, on her , Fatticipants in eggplant~col-
n..t , J .~` , ,
l,~ck of
nigsthatuse,~olneS's'servlce8~.~ '°- '-',,.~',',,,, ` ~ ;,~~~~
' `BUS'I14@eSC~~~'~'~~1~4`~ 40$U"dC~ :, . a„s..~ +;z2~~,s~~r<.~~,~~y`y~x~;
witl'C Spmc~is ' ind'uS~e`-MiSen break~ 'aaid ahe ~ 1ui~ ~heY~'~ol-
~I~c, a phaimacentic~l comp~ ,league~ havG , be,en °yporJting
ny; I~ewlett-PaclcazQ. filfe com-~~, sm~e Ivfarch to uniomze.
puter giaqk and Ball Corp.; a Employees' were told that ttie
Broomfield-based packaging union ~ust wanted tn make trou-
~ d th
.Servic~ empIoye~ees, r, ,'
,L~IllOII C~I'B,WS.. ~ `~ `~ ~
attention to ~_ ~ .
~c~mplaints , ~.,,. ~ ~
.,.~ y ,,;, ,
y , x
=6y Megan McRlpskey ~~~~ ,~;~. ?
'Cnn,e.asYa,ffmnta. t;n~:;~ ~ -.
About 401ocal japitors rallied ~ i~
for affordable hea1H~ care and
labor rights at ~the $oulder
CduhEy Cburthouse,Tuesday. ' ~ +.
, The',event was organized by
the Service $mj~loyees Interna-
tional Union to~rally local ~pni-
tors an8 the ti:omtnuAitY to ,
Qtand up`f9crworl~ere'• ri8hts;.
namely, hGalth car~,~~'~,~ ~`=
`, ; "R!e'te'not fiBhting'a janitor r
5ght," said Yalery Alzaga,' di- ,
rectdr of the Ju5tice forJanitors '
campaign, "We're'fighting a'hu-
manfight'
The campaign=m Boulde~'"~ts'
~'Se~B, ,Somers ~, Building
Maintenance, which contrapts' *
janitorial services to business-
,, e
e~.~, ~„ . ~
"; JustiGe for Janitors also is
aiming to influence the comp~-
SECTIQN • A . ~'
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l~ealtl~~ ~ y~:~~
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< Anae~a carcta, a~ani4~r ar~;
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~ Denv~r Pdst' b ~ ~,
~~, ~l~€~ ,,>E,~
„~ " chants and-uses`s~1da-s~'~~.~:i.
afternoon d 'tYriilg ~'i~ly'~~`_`-~'-
t~e Bouldq~ Gotat~~3',`: ; r r:,' ,
Courthouse orgat~,iz~ by"~ ~
Justice ~'or Jariicors, a groujr"'
working to sec~tue ~ealth ,~,
care and fair ireaunettt foi „
janitors in the $oit~der/ ;,J
MM7Y CANANO / DBIty Cemeh
ored T shirts with the motto
"digniry, health care, reapeCt"'
written on the back, responded
to the classic labor righte
chants with enthusiasm. ~
Speakers' comments were
punctuated by chldren bang•
ing red 'dnuns with wooden
spoons, and spectators shook
Coca-Cola cans fiashioned as
maracas ta rattle a message to
the Ball Corp„ whic~ manufac-
tutes the i~aus: ~ ~ „
: WVeYe+uof'ii.§king fflr eome
Hting ridiculuus," Escabaz eaid
"We're asking for health c,~re."
ContactCamera Sta~'Writer
MegattfMeCloakeyat (303)
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May 24, 2004
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PiioNe 916-922-3300 • Tou Faee 877-579-3500 • Fna 916-565-1609
$?M1~ ARNOLU AVENUE • MCCLELIAN, GLIfORNIn BS652
Mayor W~lliam R Toor
Crty of Boulder, Mumcipal Buildmg
1777 Broadway
Boulder, CO 80306
Dear Mayor Toor•
° `^'~^' ~C/~ A /~Q../-/iL(.~"~-CX
~'~ ~~v~~ ~ 2~~ `~-o
r~ 1 o-~t. v->, `~`~
C~;a,~o~.o ~e~.•~''c~- I~°G+.~
~~~
Thank you very much for your return telephone call yesterday I much appreciated your
openness and willingness to listen to our perspective.
As I told you on the telephone, we have not fired any employee for the~r union
persuasions - whether they support or oppose membership Not only would this be a
violation of labor laws, it would be against our basic principles of respecting the dignity
and free choice of our employees relative to this issue
Our employees have rights One of those is to determine through an NLRB-sanetioned
election whether or not they want to join a uruon. It is our view that the SEIU does not
support this freedom, or at least ~t has not displayed a wiliingness to support a vote of our
employees.
The corporate campaign tactics used by the SEIU are designed to dnve a wedge between
us, our employees and ou~ fine customers. We do not want this to occur, as such your
kindness and concern as a leader to hsten is very much appreciated.
As we d~scussed, I would be happy to provide you with our perspecrive on this issue, or
to any concerns or allegations of which you may become aware.
Sincerely,
~
Ron Alvarado
Chief Administrative Officer
' -.-~ ~~
~~~2~~ ~
cc~ Pete Gazlay
~~~~
Responsible Contracting, Union Tactics and the Rights of Employees
(An lssues PaperJ
We, and many other companies, are experienang increased corporate union orgarnzing
campaigns We want you to be aware of this, and to share w~th you our basic principles as a
good, responsible and dependable contractor
f RAMINt, THE ISSUF ---------- - --- -- --- ]
• Union membership is down and has been declining for decades
• Only 8 2 percent of the private sector workforce is union
• The number of persons belonging to a union fell by 369,000 in 2003
. The Union membership rate has steadily declined from a high of 20 1 percent in 1983,
the first year for which comparable union data are available
CURRENT ACTIVI TY _ __ _~
Against this backdrop, unions are turning to increasingly desperate tactics to reverse their
downward membership trends We would like to share some important information with you
regarding what we see as increased union organizing activity throughout the nation, aimed at
service employees, including ~anitors
The Service Employees International Urnon (SEIU) is focusing on organizing service
employees like hotel workers, security guards, health workers and ~anitors SEIU has
histoncally sought to avoid free elections by employees and instead utilized a"corporate
campaign" which seeks to put pressure on employers and their customers --- to force
employees to accept unionizat~on Pressure placed on corporate
decision makers, disruptions at customer shareholders' meetings,
exaggerations in the press, and media assaults on the good name of
excellent companies are all part of the corporate campaign strategy
Key strategies of the "corporate campaign" include agitating the
workforce, seeking the support of elected officials and clerics, and the
filing of outlandish labor violation charges against the employer The
campaign seeks to discredit the employer, and potentially its
customers, in any way possible
THE RIGHT l0 VnTE ANf) RFSPECTING OUR EMPLOYEF_S
One thing that the union's corporate campaign does not include is
allowing employees the right to vote for themselves whether or not
they want to become members of the union In this country, the right
to vote is a fundamental and respected cornerstone of our
democracy However, the SEIU does not condone voting Instead,
they seek to coerce, intimidate and publicly demoralize employees,
employers and customers
We respect the nghts of our employees to vote So does the law We
can all appreciate the aggressive pressure a union might put on
A corporate campaign is
a systematic assault on
an employer or
corporation designed to
undermine its
relationship wtth key
stakeholders and the
general public The idea
is to convert lraditional
support constituencies
mto pressure pomts unttl
the company yields on
some issue SEIU uses
the corporate campaign
in con~unction with Its
efforts to organize non-
union companies,
creating a pressure
mcentrve for the
company to accept card
check and neutrality
agreements in lieu of
allowing the employees t
o vote themselves to
determine whether or not
they want third party
representatwn
Y•
~s~.~~J6
employees This is why federal law reqwres secret balloting in union elections --- to remove
any pressure from unions or anyone else We ask ourselves why the urnon wdl not call for an
election of employees
Many of our employees report union organizers coming to their homes at night, telling them
that if they do not "sign up" for the union they will lose their ~ob Hundreds of our employees
have signed petitions asking the union to "leave us alone" and "respect our nghts"
a~i~ viF_ws nNn F~r_i_~TioNSHiry wi1r~ t3N~ora~s
Unions have played an important role in American history They achieved many positive
things for workers in the past We respect that fact, and the lawful right of our employees to
belong if they so choose
It is unfortunate, however, that some unions (including the SEIU) no longer have the
confidence to allow the employees to vote Instead, the SEIU resorts to tactics to launch
smear campaigns against us and other fine, responsible contractors We wonder why the
SEIU is so opposed to secret ballot elections if they do, in fact, have that much to offer
potential members
We are signatories to union contracts Some of our ~obs are union, and some are not
It is surprising to us that as recent as June 2003, SEIU was recognizing us as one of their
model companies SBM has a history of working cooperatively, yet firmly with the urnon,
always placing the best interest of employees first The Sacramento Bee of June 14, 2003
wrote
"One large building maintenance contractor (SBM) has broken ranks and negotiated
higher wages and full family health-care benefits for their employees, according to union and
maintenance contractor negotiations "
and,
"One bwiding mamtenance contractor negotiated a deal with the union to provide
wages and family medical health benefits that the ~anitors found acceptable In 1999 contract
negotiations, (SBM's) deal with the union led other companies to quickly settle their
negotiations and match the higher wages and benefits (SBM) provided "
We believe that much of the current and aggressive organizing by the unions revolves around
their need to increase revenues from dues paying members - at a time when urnon
membership is on the decline Initiation fees and monthly membership dues are the life-blood
of the SEIU and they apparently will do anything to try and increase their membership ---
except let the employees vote
WC ARE "FOR" OL1R CMPt_C)YFES
Our employees are the finest in the industry They are paid competitive wages and have
benefit packages that are extremely competitive in our industry In fact, our employees
receive wages that are equal to or greater than union wages as well as comprehensive
medical & dental benefits that exceed industry standard.
We have an employee turnover rate that is one-third the industry average, and a workplace
safety record that is 40% better than our industry average
2
i~i~~
Despite the exaggerations of the SEIU, we always treat our employees with respect and
dignity We offer them opportunities for advancement, an open-door grievance policy, and a
workplace free of discrimination and harassment
SUMM~1fZY
• SBM and other buifdmg and seroices companies are being targeted by the
Service Employees International Union, in a corporate campaign to force down
urnonization
• SBM has always respected its employees, and will continue to respect their
individual rights With an employee turnover rate of less than one-third the
industry average, we demonstrate to our employees and our customers the
positive working relationships we hold so valuable
• We respect the rights of our employees to determine for themselves whether
they want to belong to a union Their lawful rights should be manifest in a free,
NLRB-monitored election, to assure that no one is intimidating or coercing them
to support or oppose their decision
• Our supervisors and managers know that our employees have rights to engage
in lawful union organizing activities Our supervisors and managers also know
that they are to respect the freedom of our employees to say no to a union
• Our wages and benefits are equal or supenor to union compensation packages,
and our non-urnon employees do not pay union initiation fees or monthly dues.
• Contrary to the current smear campaign tactics of the SEIU, we have en~oyed a
working relationship with the union in the past, being mutually respectful of their
rights and those of our company and our employees
• We are adamantly opposed at current union tactics which include disturbing our
employees on their personal time, at their homes and refusing to go away when
asked to do so by many of our employees We feel that this type of intimidation
and mvasion of privacy is disrespectful of our employees and their families
We want to keep you informed. We want you to know the kind of company we really
are.
3
SBM has Interrogated and Fired Janitors for Suaaortina the Union
• In March, workers reported that an SBM supervisor interrogated several ~anitors about their support for
forming a union After weeks of being harassed, one of those ~anitors was dismissed with no previous
warnings.
In April, two ~anixors were fired after an SBM supervisor found out they had signed union cards. Janitors
report that the same supervisor handed out an anti-union flyer and threatened workers saying, "If I were
you guys, I wouldn't do it"
SBM has Threatened and Intimidated Janitors for Suaportina the Union
• In March, an SBM supervisor interrogated and threatened a ~anitor on two occasions that she would be
fired if she partiupated in forming a union According to the worker's statement, the supervisor told her
that the ~anitors should be afraid because SBM would fire them and "the union will not be able to do
anyth~ng for you."
• In March, a worker reported that after she was interrogated by an SBM supervisor about her union
support, her locker was searched. She also says that another SBM supervisor harassed her about her
union partiupation, and she received an anonymous phone call saying that "if you ~o~n the union, you will
be fired."
In April, workers report that an SBM supervisor convened a meeting and threatened ~amtors that they
would lose their ~obs if they supported the union. The supervisor allegedly said that "rumors are that if
you go union, we will lose the contract . and you guys don't want to lose your ~ob over somethmg
petty" A weel< later, the same supervisor repeated this threat, saying that worl<place rules would change,
extra pro~ects would be added, breal<s would be shorter, and people might be transferred to different
locations or have their shifts reorganized Threats were repeated in a third meeting, and when a ~anitor
complained about not recerving overtime pay, the supervisor yelled that he was "s~cl< and tired of all
these problems that are popping up ~ust because the union is coming around."
SBM has Pressured Janitors to Sian an Anti-union Petition
• In March, workers report that an SBM supervisor allowed two employees from a different work site to
enter a highly restricted area to asl< ~anitors to sign an anti-union petition. Each ~anitor was pressured to
sign the petition in the presence of a supervisor
The Service Employees International Union
Building SeKVice Divi~ion, Western Regional Office, www.seiu.o~rg
Janitors at Somers Building Maintenance (SBM) are trying to form a union to improve wages, health care,
and working condiuons In Colorado, SBM has viciously retaliated against workers and has been charged
with over 20 violations of federal labor law.
SBM Fails to Honor Contracts
SBM Signs Contracts to Provide Health Care. but Will Not Pav Premiums
• After signing a contract to provide ~anitors with health insurance in California, SBM has failed to pay the
required premiums. SBM was fined over $10,000 in 2003 for failing to pay premiums for dozens of
employees over a 12-month period SBM has yet to pay che fine or the full amount of the premiums,
leaving ~anitors without coverage Recently, a ~anitor went to the emergency room for an ear infection
and was refused care because the insurance bill was unpaid His eardrum burst because he was not
treated
• After signing a contract to provide ~anitors with health insurance in Oregon, SBM refused to ~oin the
agreed-to health plan and failed to provide alternate coverage for worl<ers As a result, workers'
healthcare premiums went unpaid, and worl<ers were forced to pay large medical bills
SBM Refuses to Comalv With Contracts on Waaes & Pensions
• After signing a contract to provide ~anitors with pensions in Oregon, SBM sent its first contribution to
the pension fund two years late, and only after repeated threat of legal action
In Oregon, SBM failed to pay the minimum wage scale specified in its contract After continuous
monitoring and strong enforcement by the union, wage rates were ad~usted. However, SBM has not
paid the back wages it owes workers
SBM Refuses to Resolve Labor Disputes
• After re-opening iu Sacramento contract in 2003, SBM wall<ed away from the table and has refused to
bargain with SEIU ~anitors for the past 6 months SEIU filed charges with the National Labor Relations Board
to compel SBM to return to the table, but SBM has refused
SBM Fails to Comqlv with Union Jurisdiction
• In Oregon, SBM has failed to provide a timely roster of workers or notification of new workers covered by
the contract to enable the union to represent those workers appropriately
In California, SBM has refused to recognize the union for buildings covered by an October 2002 agreement
with SEIU, or to honor its 2000 contractual agreement with SEIU to I<eep buildings union when taking them
over from other union contractors
The Service Employees International Union
Bui~ding Service Divisiort, Western Regionp~ Office, wwNU.S~iu.org
ih.t~ntt.~a~ a< t~ .i ~~ +~~ yIn a 1~r.~...ii~t ~ , ii im.~i.r~ ..i~~v~~.. ..v "'L['~IJt~ef.,?.:J..ui.
Somers Bwlding Maintenance (SBM) has signed contracts with ~anitors in the Service Employees
International Union (SEIU) in Oregon and California However, it has failed to meet the terms of those
agreements, even while it represents itself to its clients as a company that meets industry standards and
maintains harmonious labor relations
Amgen Fails to Ensure that Janitors Have Affordable Family Health Care
As a leader in the bio-tech industry, Amgen has a clear commitment to improving the health of Americans
Yet the ~anitors who clean its facilities do not have affordable family health insurance. In spite of its corporate
promise to "dramatically improve peopfe's lives," ~anitors at Amgen are paid poverty wages as low as $14,000
per year with family health care costs exceeding $500, forang many to rely on the government for health care
Amgen is Failing its Corporate Promise for Lawful Business Conduct
Amgen's corporate code of conduct states that "every Amgen staff inember, contractor and temporary staff
member should conduct business in a highly ethical and responsible manner," and strongly promotes compliance
with health, safety, and labor laws for themselves and their suppliers Yet, Amgen's cleaning contractor, Somers
Bwlding Maintenance (SBM), is embroiled in a national labor dispute and is facing legal charges for health and
safety violations An SBM ~anitor was recently killed at a Dell Computers facility where the Tennessee Drvision of
Occupational Safety and Health has cited and penalized SBM for serious safety violations Additionally, ~anitors at
Amgen report that safety and workplace in~uries are not being dealt with in an ethical manner
Janitors at Amgen Call for Imaroved Working Conditions and Leaal Compiiance
Janitors who clean Amgen facilities are standing up for improved working conditions and trying to form a union
As they have tried to organize in Colorado, the ~anitors have faced vicious attacl<s from SBM with I S worl<ers
being flred. The ~anitors have filed over 20 Unfair Labor Practice charges with the National Labor Relations
Board (NLRB). SBM has a long history of interfering with workers' freedom to form a umon, and over the
years, the NLRB has found evidence of more than 100 violations of federal labor law,
How Amgen Can Live Up to its Image and its Corporate Promises
Amgen should take immediate steps to Irve up to its image as a leading health care company and a responsible
corporation Amgen should meet with The Service Employees International Un~on (SEIU) and work together to
improve the Irves of the ~anitors Amgen should ensure that SBM meets standards at other leading bio-tech and
hi-tech companies by paying decent wages, providing affordable family health care, and creating a neutral
environment that respects ~anitors' freedom to form a union If SBM cannot meet those standards, Amgen
should switch to one of the many responsible umon cleaning contractors used by its corporate peers.
Amaen Contact Information
Kevin Sharer, Amgen CEO
One Amgen Center Drrve
Thousand Oaks, CO 9 1 3 20-1 799
Phone. (804) 447-1000
Fax. (804) 498-1487
Eric Bergeson, Amgen Site Director
4000 Nelson Road
Longmont CO 80503
Phone (303) 401-2884
---
TNe Service Employees International Union, Western Region 415-297•7766