LIVING WAGE COALITION OF SONOMA COUNTYPhone: 707-478-9663
Email: ben.boyce[at]sbcglobal[dot]net
PO Box 427
Santa Rosa, CA 95402
COMMUNITY-LABOR ALLIANCES List of Articles: • The Petaluma Sheraton Story • Petaluma Sheraton Workers Sign First Contract!! • Union Contract Negotiations to Begin at the Petaluma Sheraton • Unions drum up support in SR Labor activists at town hall meeting accuse local businesses of trampling on workers' rights • Workers rights still getting squeezed • Empire Waste treating people like garbage? • Sonoma Nursing Home Workers Under Attack •
Petaluma Issues Ultimatum To Garbage Hauler, Union • Nursing Home Workers Get Union Representation After a long and hard-fought battle, workers at the Petaluma Sheraton voted to join the UNITEHERE Local 2850 (a merger of the Union of Needletrades, Industrial, and Textile Employees and the Hotel Employees and Restaurant Employees Union) last month-a first for the Sonoma County hotel industry. But will the 95 employees get a contract? Nationally, some 30 percent of successful union elections never result in a contract because negotiations break down. Unions drum up support in SR Labor activists at town hall meeting accuse local businesses of trampling on workers' rights By Jeremy Hay, The Press Democrat Some of Sonoma County's biggest businesses are trampling on their employees in a way that reflects a nationwide political agenda to place corporate rights over workers' rights, labor activists, workers and politicians said Saturday. "A credo is now being preached to let capitalism be completely unfettered," said Michael Allen, former general manager of the county's biggest union, Service Employees International Union 707. "As citizens we cannot let that happen," said Allen, now president of the North Bay Labor Council. He called for a "Sonoma County rapid response network" to engage in demonstrations and political action in support of workers. E&J Gallo Winery, Santa Rosa Memorial Hospital and Empire Waste Management were among businesses that workers and labor organizers cited as workplaces where employees who want to start or strengthen unions have been the target of "union-busting" campaigns and intimidation. Ensign Group, a Southern California company that owns four skilled nursing homes in Sonoma County, was also singled out for similar complaints. Representatives of each company have denied the charges. At Gallo, Empire Waste and Ensign - where management and employee relations have deteriorated the most markedly amid contract negotiations that have stalled for more than two years - company officials say the unions have not bargained in good faith. This week, on the same day the United Farm Workers union called for a boycott of Gallo wines, state labor regulators filed a complaint saying the union has refused to cooperate in negotiations. About 100 people attended Saturday's town hall meeting, "Workers' Rights are Human Rights," at Finley Community Center. The event had the temper of a high-season political rally, with denunciations of President Bush and Gov. Schwarzenegger and calls to oppose two ballot measures in the state's November special election, including one that would bar public employee labor unions from making political contributions unless their members provide written consent. "I haven't seen an initiative requiring corporations to get permission from their shareholders before making contributions," said Assemblywoman Noreen Evans, D-Santa Rosa. Rep. Lynn Woolsey, D-Petaluma, who said the policies of Bush and Schwarzenegger have weakened workers' rights and labor protections, said: "America is strong because of its middle class. We can't have a strong middle class without a strong labor movement." The six-term representative, who received a standing ovation, is a co-sponsor of the Employee Free Choice Act, legislation that would it make easier for employees to organize unions and stiffen penalties for labor law violations. Priscilla Yaeger, a patient financial counselor at Memorial Hospital, where the SEIU is campaigning to begin representing technicians and clerical workers, said supervisors told her not to talk about union activities and made her attend mandatory meetings where unions were portrayed as duplicitous. Mary Borrelli, spokeswoman for St. Joseph Health System - which includes both Memorial and Petaluma Valley hospitals and is the county's largest health care provider - said such charges were baseless. "I can tell you that would never happen from any executive at St. Joe's," she said. "It would never happen - I'll stake my job and mortgage on it." On Saturday, the sympathies at the Finley Center were with people like Maria Echaveste - a daughter of Central Valley farmworkers and former deputy chief of staff for President Bill Clinton. Labor rights, she said, must be tied to immigration overhauls that give legal status to illegal workers already in the country and that impose sanctions on businesses that hire and mistreat undocumented workers. "The American dream that allowed me and my family to succeed is evaporating for so many people," she said, "and we cannot let these people, Bush and Arnold, take our country away from us. ________________________________________________________________________________ Workers rights still getting squeezed By Ben Boyce Right here in Sonoma County, a silent war is being fought, out of sight of the general public. Community supporters of labor rights have witnessed heartbreaking real-life dramas in which workers' aspirations for living wages, decent benefits and respect at work have been smashed by immoral tactics whose perpetrators go largely unpunished: Members of the Service Employees International Union-United Healthworkers West at Sonoma Healthcare Center have been attempting to get a contract after a three-year struggle, only to be subjected to a vicious, systematic elimination of the union leadership. The United Farm Workers has had to launch a national boycott against Gallo after exhausting all other remedies in an unsuccessful two-year campaign to get a new contract for the Sonoma Gallo workers. The Bush administration's National Labor Relations Board, which is generally hostile to labor rights, was compelled to levy a $100,000 fine against WG Investment Group, owners of the Petaluma Sheraton, organized by Unite Here Local 2850, for blatant violations of the neutrality agreement signed with the city of Petaluma. The health care workers at Santa Rosa Memorial Hospital were forced to abort their recent union drive in the face of a sophisticated "astro-turf" strategy, in which the hospital's anti-union consultants sponsored employee front groups claiming to represent the rank-and-file. Empire Waste Management refuses to bargain in good faith with the sanitation workers represented by Operating Engineers Local 3, failing to conclude a first contract after over a year of delay tactics - even after being directed by the Petaluma City Council to settle. This year marks the 70th anniversary of the passage of the National Labor Relations Act (NLRA), the landmark legislation that guarantees the right of American workers to join a union, free of interference. There is little to celebrate, however, because this basic right has been essentially stripped from the American populace through a sustained attack by the corporate sector over the last 25 years. The right of workers to freedom of association, the right to organize unions and bargain collectively, is a civil right that is recognized internationally. The 1948 Universal Declaration of Human Rights clearly states: "Everyone has the right to form and join trade unions for the protection of his interests." When workers attempt to organize a union in America, they routinely run into a buzz saw of threats, intimidation and coercive tactics orchestrated by highly paid union-busting consultants. This is a pernicious, billion-dollar a year industry whose sole purpose is to deny a fundamental human right. Human Rights Watch, an internationally respected human rights organization, released a major report that condemned the current state of workers' rights in the U.S.: "Loophole-ridden laws, paralyzing delays, and feeble enforcement have led to a culture of impunity in many areas of U.S. labor law and practice. Legal obstacles tilt the playing field so steeply against workers' freedom of association that the United States is in violation of international human rights standards for workers." Labor law is broken, and as a result every year the percentage of Americans who enjoy union benefits and protections decreases. To address this systemic social injustice, the Employee Free Choice Act (EFCA) has been introduced in Congress, sponsored by Sen. Edward Kennedy, D-Mass., and Representative George Miller, D-Martinez. The EFCA will restore the original intent of the NLRA by clearing away the thicket of legal impediments to union recognition and providing meaningful penalties for violations of labor law. The bill has three primary components: (1) democratic majority sign-up (also known as card-check), which requires the employer to recognize and bargain with the union when a majority of employees sign a union authorization; (2) first contract mediation and arbitration, which permits either party to request mediation if agreement has not been reached in 90 days; (3) stronger penalties for labor law violations, including swift relief for unlawful firings, treble back pay and civil penalties of up to $20,000 per violation. The measure will be discussed at a forum today. See box for details. Restoring the civil rights of workers to organize will lead to higher living standards, a healthier economy and sustain a critical political counterweight to unchecked corporate power. ______________________________________________________________________________ Empire Waste treating people like garbage? By Ellen Bicheler On May 16, the Petaluma City Council voted 5-1 with Councilmember, Karen Nau dissenting to extend their garbage contract another six months with Empire Waste Management. City Manager, Mike Bierman advised the council to go with the extension to allow enough time to work out franchise agreements with the city and for Empire Waste Management and Operating Engineers Local Union No. 3 to "resolve their differences." At stake is a $50.5 million dollar ten-year garbage contract. Two weeks earlier the council unanimously voted on an ultimatum to Empire Waste Management to work out their labor disputes with the union or lose the contract. Empire Waste Management and the union have been working on their contract for over two years. Greg Gunheim, District Representative of Operating Engineers Local Union No. 3 said, "The council gave clear direction on May 2. Empire Waste didn't listen. They didn't even meet with us until May 13Šthey're a bad corporate citizenŠthey're union bustingŠthey don't want the workers to have a voice." Although the council approved the extension, Mayor Dave Glass and councilmembers Pam Torliatt and Keith Canevaro suggested looking at other haulers like Green Waste while trying to negotiate the Empire Waste contract. Several council members expressed concern about allegations of mistreatment and racial discrimination. "This is not about union or non-unions. It's about the way the company treats their employees," said Torliatt. Councilmember Mike Healy said, "Allegations of racial discrimination need to be looked into with Empire Waste Management." Those allegations were made by William E. Scott, Jr., a former Waste Management labor relations expert who was sent out from the Houston headquarters two years ago to help fight the unionization vote. Scott was fired after the union won. In a phone interview with NBP, Scott said, "Corporate has a good diversity program, however Rob Zakoor (District Manager) is a racist." Scott reported that when Zakoor laid off a Hispanic supervisor with over thirty two years of seniority, he wanted to give him only three months of severance pay. When Scott advised giving him a year of severance pay, Zakoor told Scott, 'Screw him. I don't like wetbacks anyway.' Rob Zacoor introduced me to the word wetback," said Scott, "and then twisted my use of the word to get me fired." Heather Browne, spokesperson for Empire Waste said, "This statement purportedly comes from a disgruntled former employee, who was himself terminated from Waste Management, in part for his use of racial epithets in describing Hispanic employeesŠHis assertions are malicious and without foundation or merit." Alicia Sanchez, one of many union supporters who filled the Petaluma City Council Chambers, said, "The workers took a great deal of abuse and discrimination before they decided to unionize. They realized that by coming together they could have some say with their bossesŠthe union contract gives them security." Not everyone at the company agrees. A contingent of anti-union proponents from Empire Waste voiced their objections to the union and spoke highly of Empire Waste Management. Employee Ricardo Elias said, "Sixty percent of the company has signed a petition saying they don't want a union." Elias said there's been vandalism he attributes to union members, and non-union supporters have been labeled, 'company pansies.' Santa Rosa Attorney, Michael Fiumara is convinced of that there has been discrimination against union members. "From interviewing at least twelve employees," said Fiumara, "I would opine that there is clear and convincing evidence that these employees interviewed have been impermissibly terminated for their union activities." Fiumara said he "has cases where several union organizers were assigned unfamiliar and difficult routes with the aim of punishing them. It took so much longer to complete the route and to return to the yard to dump the load that the employee exceeded his hours of service and forced the employee to violate the DOT regulations. This self fulfilling prophesy and set-up for failure discourages union organizing especially if the employees are fired for doing what the company tells them to do." According to Gunheim, two points of conflict remain in dispute, the cost-of-living raises and management of a 401K plan (currently only employees pay into it). Gunheim urges the public to continue to voice their support of the workers and the union to both Empire Waste and the Petaluma City Council. "I pray that the contract will be resolved." ________________________________________________________________________________ Sonoma Nursing Home Workers Under Attack North Bay Progressive May 2005 The lobby outside the Department of Health Services (DHS) office in Santa Rosa was packed to capacity with workers from the Sonoma Healthcare Center (SHC), their children, local clergy, social justice advocates, union activists, and the press. This action, on April 14th, was convened by the bargaining committee for the workers at SHC, who are represented by SEIU UHW. The large delegation was there to deliver a letter to the DHS demanding that the state agency drop pending investigations against the union activists at SHC. Last month, six employees at SHC received notices from the DHS that they were under investigation for complaints that had been filed against them by an unnamed source. The staff at the DHS office was a bit nervous about this unusual gathering at the normally quiet state government office, but the office manager accepted the letter, and promised to forward the request to the head office in Sacramento. The workers were adamant that the DHS investigations are part of an ongoing anti-union campaign by the owners of the SHC, Ensign Corporation, based in Mission Viejo. Eulalia Gonzalez, a nursing assistant at SHC, stated that "When all of us who are being investigated also happen to be union activists, I think it's pretty obvious that something strange is going on". Three of the six union members under investigation are on the five-member bargaining committee, which is attempting to reach their first contract with SHC, following a long and bitterly contested union election campaign. The union campaign began almost three years ago, when a group of nursing home workers at the SHC approached SEIU 250 (now SEIU UHW) requesting union representation. Ensign reacted vehemently to the prospect of a union at one of their facilities, which are all non-union, and hired a law firm, the Newport Beach based Labor Relations Services, which specializes in neutralizing union drives for their clients. Ensign is a large corporation which owns 25 other facilities across the western states. The firm received 2.6 million dollars in state funding in 2000 to operate Sonoma Healthcare Center. The workers are mainly Latino nursing aides, food preparers, and janitors. The average hourly rate for the nursing aides is $9.75. Other full-time workers make as little as $13,000 a year and must work two jobs. All these workers lack affordable medical benefits and face heavy workloads due to cuts in staffing levels, which union officials describe as a key feature of Ensign's business plan. In an attempt to thwart unionization, consultants from this company held mandatory anti-union meetings with the workers up to three times a day. Local clergy and city council members who supported the workers were refused permission to attend the meetings. Even in the face of this hostile work environment, the workers still voted 2-1 for union representation. The company then filed objections with the National Labor Relations Board (NLRB). The board rejected all of these unfair labor practices charges and ordered immediate recognition of the union. Ensign again appealed the NLRB decision, and the final decision from the NLRB was not rendered until last fall, more than two years after the initial vote. In the interim, according to members of a community support group affiliated with St. Leo's Peace and Social Justice Committee, several of the key leaders of the union drive at SHC were fired, or quit under pressure, after trumped up personnel complaints were issued against them. Even after this initial loss of some of the key union leaders, a determined group of Latino employees have carried on with the campaign, hoping to win a first contract and improve their wages, benefits, and conditions of work. When the DHS charges against the union activists surfaced, the union members saw them as part of Ensign's attempt to crush the union before a first contract is signed. SHC worker Alejandra Recendiz stated, "Ensign is using the state to get back at the workers". The attorney for Ensign, Greg Stapely, denies that the corporation had any part in registering the DHS complaints. SEIU UHW organizer Nell Hirschman-Levy counters that, "Ensign is simply not credible here. According to a DHS investigator, the reports were made by a SHC administrator. Every indication is that Ensign is stalling at the bargaining table, with the intention to try to de-cert the union in August, one year after the worker's union was initially certified." On Thursday, April 21st, a delegation of community members, workers, and union organizers will present a letter to the managers of the Ensign facility in Sonoma to demand that they withdraw the DHS complaints. ________________________________________________________________________________ Petaluma Issues Ultimatum To Garbage Hauler, Union By Jose L. Sanchez Get it done or else. The Petaluma City Council told its garbage hauler and a union Monday to come to terms with each other on a contract or face the loss of a 10-year franchise agreement worth $50.5 million. The council unanimously issued an ultimatum to Empire Waste Management and Operating Engineers Local Union No. 3, which have been unable to reach a contract despite 18 months of talks. If the two sides have not signed an agreement by 9 a.m. May 16, the City Council will abandon its attempt to negotiate a franchise deal with Empire Waste and will begin to discuss picking a replacement that evening. Councilman Mike Healy, who until recently has been Empire Waste's chief proponent, said the company's treatment of pro-union employees and its dealings with the Operating Engineers strongly suggest its aim is to break the union. "There's a pattern here that's consistent with the company doing everything to get rid of the union," he said. Healy and Mayor David Glass said during the meeting that if the city cannot get a deal with Empire Waste, it should consider negotiating a franchise agreement with Green Waste Recovery of San Jose, one of three companies that last year submitted proposals to the city. Councilwoman Pam Torliatt also said her second choice would be Green Waste. The failure of the city to conclude a deal with Empire Waste would have significant consequences for Petaluma ratepayers. While Empire Waste would raise rates by 11 percent over three years, Green Waste would raise them by 26 percent over the same period. Another possibility is that the council could go with San Francisco-based Norcal Waste Systems, which would raise rates by 140 percent. Four members of the council voted for Norcal earlier this year but Councilman Mike Harris changed his mind after a public backlash. The council issued its ultimatum after hearing from speakers on both sides of the issue in a chamber overflowing with about 200 people. "It's never been about the money," said Carlos Martinez, a member of the union's negotiating team. "We make pretty decent money," he said. "We're not asking for a Cadillac. We are asking for respect." Other employees spoke for the company and against the union. "I'm 100 percent Mexican and I've never been discriminated against," said Naomi Rivas. After 18 months of talks, the issues that remain unresolved are: * How many members of the bargaining unit will have a 2.5 percent cost-of-living increase granted in April included as part of their base pay. * Whether the company will pay to administer a 401(k) plan for employees that would not include any company contributions. * Whether the union can have a bulletin board on company premises without having to submit material to the company first for approval. Several council members said the issues are insignificant and should be able to be resolved. "Hopefully, everyone could be locked in a room and get this resolved," Harris said. Tensions between the company and the union rose last week when the Operating Engineers declared a three-day strike Wednesday. On Thursday, the company struck back, locking out the strikers. Empire Waste brought in employees from its other Bay Area operations to avoid interruptions in service. Greg Gunheim, a district representative for the union, said the five-day lockout was typical of the company's tactics, which he says have included dealing out harsher discipline to union sympathizers and promoting three attempts to get the union decertified as the employees' representative. Empire Waste spokesman Jim Landa denied the union's accusations and said the company is negotiating in good faith. He said Empire Waste's drivers are among the top-paid drivers in the area, with salaries exceeding the $70,000 to $75,000 range. Empire Waste has 130 employees who serve Petaluma, Sebastopol, Healdsburg, Cloverdale and parts of unincorporated Sonoma and Marin counties. Union officials said 42 employees walked off the job Thursday, but company officials put the number at 32. You can reach Staff Writer Jose Sanchez Jr. at 762-7297 ________________________________________________________________________________ Nursing Home Workers Get Union Representation Sonoma Valley Sun Thursday, September 16, 2004 About 70 workers at a Sonoma nursing home now have union representation.A federal board certified on Aug. 31 that workers at Sonoma Health Care Center voted in May, 2002 in favor of unionizing by a 38-to-22 margin. The vote had been contested by Ensign Group, the parent company that owns the Sonoma nursing home along with 43 other nursing homes in four states.The unionization effort became a local cause with clergy members and citizens joining workers' picket lines at the nursing home at 1250 Broadway Street. Poster-board signs in favor of unionization were placed in some Sonomans' front lawns. Rosa Aparicio, a certified nursing assistant at the nursing home who currently is on maternity leave, said "We've been waiting for a long time for this and we got a good result." Aparicio said she earned $11 an hour at the nursing home. "I hope they give us a good raise," she said. The Aug. 31 ruling by the National Labor Relations Board means that the employer must begin negotiations for a new contract with the Oakland-based Service Employees International Union, Local 250, a union statement said. The union will represent nearly 70 full-time and part-time employees including certified nursing assistants, restorative nursing assistants, and staff that helps with activities, food, laundry and maintenance, the statement said. The election dispute was centered on comments made by labor board agent conducting the election in the presence of a union observer and the employer's observer."During a break in polling, union observer Juan Lopez asked the National Labor Relations board agent conducting the election why 'companies don't like unions'. The board agent replied, 'Companies don't like unions because they cannot fire or hire anyone, and they cannot take benefits from the staff.'" "Later Lopez mentioned to the board agent that the employer had paid $60,000 to 'the consultant' to which the board agent responded, "Whoa, $60,000." The remarks 'were only heard by two election observers and could not possibly have affected the outcome of election,' said a decision written by two of the four labor board members who voted to certify the election. A fifth labor board member wrote a dissenting opinion, saying the vote should be tossed because, in his opinion, "the board agent did not observe the quintessential element of strict neutrality." Russ Cobb, who's been administrator of Sonoma Health Care Center for about six months, said that "many of the staff who originally voted, have moved on." Cobb wouldn't disclose what the affected workers currently earn, but said, "It's very competitive. The market, really, in the last five to seven years (has been) very competitive." David McCracken, a retired minister from First Congregational Church of Sonoma, was among those who picketed in support of the unionization effort. "I don't think $11 an hour for a nurse's wage is a living wage or generous," said McCracken. He said the labor board's decision is "good news for the workers who've waited a very long time for the response."
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LIVING WAGE COALITION OF SONOMA COUNTY
Phone: 707-478-9663
Email: ben.boyce[at]sbcglobal[dot]net
PO Box 427
Santa Rosa, CA 95402