Wednesday, February 2014
It's Official!
Certification of the Sarasota County Bridge Tenders election was received and together with the earlier certification of the FDOT Bridge Tenders we finally have fully authorized representatives for all District One Bridge Tenders. Please click IBEW to see the details.
This marks the beginning of our official union representation. This marks the end to our organizing stage that began on April 1, 2013. For 9 1/2 months we lobbied ISS, ICA, the FDOT and Sarasota County for fair and equal treatment. We were stonewalled, received only convenient answers to selective questions and found resistance everywhere we turned, except from our brothers and sisters at IBEW 824.
Don't ever forget what the IBEW 824. They deserve our overwhelming support. Remember them when it comes time to join the union. Only with continued high membership can we expect effective bargaining in the future and the future looks bright indeed. Thank you 824!
Thursday, February 20, 2014
Wednesday, January 29, 2014
Dear Sarasota
January 25,2014
Christine Robinson
Sarasota County Commission Chair
1660 Ringling Blvd, Second Floor
Sarasota, Fl 34236
Dear Ms. Robinson,
We recently learned that Sarasota County is the owner
operator of four movable span bridges in FDOT District One and as such is a
stakeholder in our labor actions against ISS. Please consider this letter a
notification and a request for your kind intervention on our behalf. This is
also a public information request please email us copies of your executed
movable bridge contracts now in force with ICA (and/or ISS/C&S). Your
cooperation is appreciated and our email address is exploitingtenders@gmail.com.
We regret the cloak of secrecy under which we currently
operate, it is necessary due to our distrust of ISS, their illegal firing of
one of our organizers and our employment being “at will”. We are simply trying
to protect our jobs until we have union representation in place. While the NLRA may afford
broad protections now, we found ISS to have little historical regard for this
act and have been forced to file charges against them.
It seems your contract with ICA allows their subcontracting
of operators through ISS. Southwest Florida bridge operators have long suffered
exploitation, profiteering and wage theft under ICA and ISS. Our claims and
efforts to reach an equitable resolution are well documented at www.bestbridge.blogspot.com. Please review the detailed historical
effort starting with the oldest post and working forward. If you prefer we can
print out each page and send it to you and each of the commissioners (at a cost
we would prefer to avoid).
The record will show our many attempts to avoid polarization
and reach agreement starting in April 2013. We brought the ISS wage and benefit abuse to the attention
of ICA but to no avail. ISS illegally confiscated our petition, repeatedly
prevented circulation of our organizing information, recently fired an
organizer and we have filed charges against them. In spite of the adversity our
ten months organizing drive has led to two NLRB elections now underway, one of
them on behalf of the operators of your bridges.
We ask for help preventing future exploitation and
profiteering by your agreeing to include bridge operator wage and benefit
safeguards in future contracts. The spirit of the Davis Bacon Act should
prevail and we should be paid no less than the wage rates and benefits in the
locality as reported by the Department of Labor Bureau of Labor Statistics.
Please bring our request to the commissioners’ attention and do have a word
with ICA. Thank you for your kind consideration and we look forward to your
response.
The Organizing Committee
Sunday, January 19, 2014
Let's Work Together
January 19, 2014
VIA EMAIL
Dear Mr. Howard,
Thank you, we embrace and encourage communication. But your
form letters seem to be adroitly crafted in a shameless effort to create FUD
(Fear, Uncertainty & Doubt). We prefer veracity and addressing the real
issues. Constructive dialog is welcomed and let’s start with setting the record
straight.
Your one page form letter
discussing the cost of union representation claims it “is not free”.
Actually
IBEW representation is free. This is not an election to join a union or
an
election to pay dues. It’s an election appointing the IBEW to represent
us in
negotiations. That’s all, that’s it. Bridge tenders have the right to
accept or
reject any contract and are not forced to join the union to get
representation.
Good conscience encourages joining and paying dues, the greater our
numbers the stronger our voice, but there is no obligation to do so.
Your math grossly overstates dues. We expect them be about
27¢ an hour. Not bad when the difference between $19.04 and $8.25 (current wage
theft) is $10.79/hr. We stand to gain $10.79/hr. and may pay only
27¢/hr. It seems a good investment to us.
Your three page form letter
is quite a work. We agree the union is under no legal obligation to deliver on
promises but they’ve only promised us their best efforts. We agree that “we can
get more… the same…. or less”. Since we’re paid near minimum wage right now it
can’t be much less and since we get no benefits – there really is little to
lose. You forced us to unionize by illegally confiscating our petition and
refusing to negotiate directly. Frankly this secret ballot election is the only
way we could get you to the table and history shows it’s the only way you’ve
ever agreed to meaningful change.
We don’t expect you to “give in”. We’re looking for a
win/win and expect you to follow the spirit of the McNamara/OHara Service
Contract Act. We deserve wages and benefits consistent with those currently
paid in the locality (according to the Department of Labor Bureau of Labor
Statistics report for our job description in Florida) and the same paid
holidays, vacations and benefits as others performing work for the State or
County.
We’re shocked you bring up the threat of a strike at this time. We question why you would bring it up
when negotiations have yet to begin. It frightens us that this may be a
harbinger of intractability. A strike reflects the most extreme leverage, to be
used only when confronted with impasse. We trust your position will be
reasonable and you share our intent to avoid a bridge tender strike. In the
event we do reach an impasse, how shall we leave the bridges? Shall we leave
them open to accommodate vessels? Should we leave them closed to accommodate
traffic? Shall we ask the Coast Guard for direction? It’s crazy to bring it up
now. Let’s try to avoid discussions about strikes and try to work together.
While continued exploitation, profiteering, wage and benefit
theft is untenable, let’s try to avoid further polarization and open a
constructive dialog. Let’s keep a positive tone to our communication so it will
be easer to reach a fair agreement. We encourage you to enter negotiations in
good faith and ask ISS and ICA to be truthful, open and do the right thing.
Sincerely yours,
The Organzing Committee
Tuesday, January 14, 2014
Finally... a response from ISS
Fear, Uncertainity and Doubt is a tactic of desperation. While it may not be the response we hoped for even Mr. Howard's misleading response holds the promise of establishing dialog in the future. Here's our response:
January 15, 2014
Mr. Jim Howard, General Manager
ISS Facility Services
1805 SE Hawthorne Rd.
Gainesville, FL 32641
Dear Mr. Howard,
Thank you for your letter of Jan 5th the first communication we received from you since last April. Please allow us to begin with the truth. Once we correct misinformation we’ll revisit inequity and your lack of response to our earlier attempts at direct communication. Most importantly we must point out that this election is not a vote to join a union or pay dues as you imply. This secret ballot election only authorizes a union to represent us. Please don’t confuse representation with our joining or dues.
Your opening paragraph is quite accurate about the details of our NLRB secret ballot election. But, the second paragraph implies a union is intruding which is not the case. The IBEW was invited after thirteen letters asking for fair and equal treatment went unanswered and you illegally confiscated our petition. This is not an intrusion it is a response to your breaking the law, ignoring appeals and the wage and benefit theft we suffer.
Your third paragraph contains this, bold-faced: “ISS believes that we work best when we work directly together, without interference of an outside third party”.History brings us closer to the truth as we tried to work directly for nine months without response. We do not enjoy the “good jobs with fair pay and benefits” you claim. Historically ISS responds only to union pressure. Union representation is the only way a bridge tender has ever received a meaningful response, unless you consider a 25¢ raise a meaningful (a raise capriciously missing from Blackburn Point that actually suffered a net reduction of 50¢).
Your fourth paragraph states “the issues affecting all of us here in District 2”. You probably intended to reference District 1 since District 2 (Jacksonville) was represented by a union, receives more than $10/hr and their union contract provided: 1). Five Paid Holidays (paid if not worked) on Thanksgiving, Christmas, New Years’ Day, July 4th & Labor Day; 2). One week of paid vacation per year; 3). Affordable health/hospitalization insurance; 4). One Sick Leave Day per month that accrues (paid if unused); even uniforms and foul weather gear. Union representation improved their jobs with pay and benefits we don’t receive.
It’s a pity you did not respond in good faith, that you confiscated our petition and forced us to seek union representation. It’s a pity you persist in exploitation and profiteering while stonewalling, misinforming and making hollow promises. Long ago we pointed out this was your choice and this election is a consequence of your inequity, inaction and heavy handedness.
We agree it is vital that we all vote and those who vote will decide. If our fellow bridge tenders want better wages and benefits, similar to what unionized bridge tenders won from you in Jacksonville and Dade, they should vote YES.
Sincerely yours,
The Organizing Committee
Saturday, December 21, 2013
We've Come A Long Way...
CONGRATULATIONS
& THANK YOU!
With your support,
we won the right to a secret ballot election.
IMPORTANT EXCERPTS (we've tried to be reasonable in 13 unanswered letters).
April 1, 2013 To ISS:
we first asked ISS for equal treatment of all Florida bridge tenders. “Our
position is that all employees performing the same job, for the same company,
in the same state, under the same (ICA) state contract, should receive the same
wages and benefits, at the same time…” “We urge you to restore trust, avert the
polarization that tends to accompany collective bargaining… “ Our organizing
remains in the nascent stage and with your cooperation will not need to
proceed…”
April 13th ISS Response: Because it contains a threatening legal statement we
are prevented from quoting it directly, but Mr. Jim Howard’s response was
courteous and requested disclosure of the individuals identity responsible for
the letter. Fear of reprisal prevents us identifying individuals.
April 24th To ISS: After meeting the committee
members chose not to disclose our identity. “the organizing committee respectfully declines identifying any
individual bridge tender at this time…” “We shouldn’t need standing as an
employee to point out disparity or encourage you to avoid polarization by
embracing fair play…” “Consider
these first letters as a courtesy and the decision is in your hands. You may
choose to avert collective action or encourage it. If encouraged we will set
our plan in motion then a union or ourselves will present credentials at the
appropriate time.”
June 5th To ISS: Wishing to be open and above
board, we sent notice and a sample petition package to Mr. Jim Howard. “We are disappointed you have not voluntarily
responded to our demands. The current ISS wage and benefit policy remains
unfair and unsustainable. You have forced us to organize (see enclosed) and you
may be assured of increasing pressure until you do the right thing.”
“Morale has suffered and building anger in the workforce shows that your
selectively taking more than a fair share is not sustainable. This is your next
opportunity to arrest the decline
and stop the backlash before it worsens. Let’s work together to make the FDOT
Agreement with ICA a model of fair outsourcing and good labor relations. It’s
the right thing to do.”
June 5th To ICA: An appeal to Mr. Ritchie
Rhodes to intervene. “Please note the enclosed
appeals, the basis of our arguments and our demand for fair and equal
treatment…“ “We appreciate the sense of fair play you demonstrated with your
outspoken support of a pay increase at our last annual training. On review of
the enclosed you will see we share your desire for a positive working
relationship: “Let’s work together to make the FDOT Agreement with ICA a model
of fair outsourcing and good labor relations.” You’ll see we’re
simply asking ISS to do the right thing.”
The Confiscated Petition: “PETITON FOR EQUAL PAY & BENEFITS FOR ALL BRIDGE TENDERS
SUBCONTRACTED UNDER THE FDOT AGREEMENT WITH ICA. We the West Coast Bridge
Tenders with our signatures below submit this petition to ISS Management to
change your capricious, disparate and unfair treatment of bridge tenders
performing subcontracted services under the blanket Agreement between ICA and
FDOT. We demand an immediate increase of wages and benefits to equal those you
provide to South Florida Bridge Tenders, or the higher of the prevailing
benefit package to the highest paid worker of comparable seniority performing
the same job description under the same Agreement or future Agreements, with
the back pay differential to the date of your contract with the International
Union of Operating Engineers Local 487, plus accrued interest from that date at
3.25%. We further authorize the Organizing Committee to collectively bargain
with ISS, inform ICA, FDOT, other interested parties, and to approach
appropriate union local(s) on our behalf, until such time as nominations can be
made and elections can be held appointing a Worker’s Committee to whom the
Organizing Committee will surrender this authority.
June 10th: Our petition was unlawfully
confiscated from every bridge. Charges
were filed with the National Labor Relations Board (NLRB) against ISS for
unfair labor practices. We saw we were in for a fight and approached the IBEW
to help us organize.
June 24 To ISS: In response to confiscation. “You violated our rights including the right to
protected concerted activity. “ “Your confiscating our literature is viewed as
a needlessly aggressive delaying tactic. ” “We have been forthright and
transparent in sharing our plans and abhor interference in return.” “You raised
the stakes, we raise our demands… the current mean pay scale reported by the US
Department of Labor Statistics for our job description in Florida.” “Again in
an attempt to be reasonable you can stop our action by increasing pay &
benefits now, to equal South Florida with back pay and interest but only if you
agree to encourage ICA/FDOT to include Federal minimum pay protection in any
future blanket Agreement. This is
your next opportunity to do the right thing and time is of the essence.”
June 24th ICA: A second plea to Ritchie
Rhodes. “Please join us in our
effort to defuse this troubling situation. Please note we offered to
temporarily settle for less than the pay to which we are entitled in return for
prompt reconciliation. If accepted, this is a limited and temporary concession.
For ISS to qualify, ICA must agree that under future FDOT blanket agreements
with ICA the minimum pay to bridge tenders will be defined as equal to or
greater than the currently published mean pay for our job description in
Florida according to the US Bureau of Labor Statistics and this protection will
be regardless of future subcontractor chosen by ICA.”
August 14th ISS: A 25¢ Raise to $8.25 per
hour. Really!
August 24th FDOT: An appeal to the Florida
Department of Transportation (FDOT) to intervene. “When choosing to outsource bridge operators we doubt your
department envisioned the rampant profiteering and exploitation that ensues
under ICA and their subcontractor ISS. We, the bridge tenders of Districts 1
& 7 suffer under their abhorrent and capricious employment policies. The
following disparities, bully tactics and conflicts of interest threaten the
safe and reliable operation of your bridges. We ask for your kind
intervention.”
“In summary, we respectfully ask you to:
1.
Audit ICA and ISS to uncover and stop profiteering.
2.
Insist operators are employed under a “for cause”
relationship.
3.
Protect operators with indemnification against errors
and omissions.
4.
Require no less than prevailing local wages and
benefits be paid to operators.
5.
Disclose the basis on which you calculate and pay for
operator remuneration.”
September 6th FDOT: Mr. Sprayberry washes his
hands of all responsibility:
“. The Department evaluates the services provide by these
contractors according to the performance measures established in their contract,
but does not retain the authority to direct employment or sub-contractor
employment policies.”
September 9th IBEW: The International Brotherhood of Electrical Workers (IBEW) agrees to
help us organize, commits their resources under the direction of Kathy Smith,
International Lead Organizer. First picketing outside an ISS Certification
Meeting.
Thank you IBEW.
September 19th: A second appeal to FDOT. “May we also ask that, “while assigning all
operation and management responsibilities and not retaining authority to direct
employment or sub-contractor employment policies”, your department does not
overlook blatant exploitation nor ignore profiteering when brought to your
attention. We remain confident that
equity is a fundamental principle embraced by our government, one that cannot
be dismissed by the adroit crafting of contractual clauses and will remain the
touchstone prevailing throughout our discussions and your negotiations.” “Your
audit will prove the need for adding these protections to your next Agreement.
They are in your power and best interest to give. They are demanded by fair
play. We thank you for your consideration and look forward to your positive
response.” To date we received no further response.
October – November… We focused on organizing FDOT
District One first, visiting ISS bridge
tenders in the district and winning a strong majority who signed cards
authorizing the IBEW to represent us in negotiations with ISS.
December 4th NLRB: Petitions for our secret
ballot elections were filed with the NLRB
who will mail ballots to all bridge tenders in early January. Please VOTE YES!
December 6th NLRB: A charge was filed against
ISS for unfair labor practices.
December 19th ISS: Mr. Milton Hartmann III
restricted the distribution literature
before the ISS Certification Meeting in Sarasota was called to order and during
break times in violation of our “Protected Concerted Rights”.
Wednesday, December 18, 2013
ISS & ICA... STOP the wage and benefit theft.
WAGE & BENEFIT THEFT UPDATE
The petitions for our secret ballot elections were filed by the IBEW and the elections held by the Federal Government should be held in January. The quiet period during our card drive has ended and now we want you to know exactly what ISS and ICA take from you.
WAGE THEFT (FDOT District One)
Entitled: $19.041 per hour
Received: -8.252 per hour
Wage Theft $10.79 per hour
24 hours X $10.79 =
$258.96 per bridge / per day
365 days X $258.96 =
$94,520.40 per bridge / per year
12 bridges3
X $94,520.40 =
$1,134,244.80 minimum Annual Wage Theft
1. U.S. Department
of Labor, Division of Labor Statistics, 2012 Mean Pay, Florida Bridge Tenders.
2. $8.00 was the
prevailing wage for more than 1/2 the year, so the wage theft is actually more.
3. Adding the 2
District One bridges manned only two shifts a day is another $126,027.20. You
get the idea.
ISS & ICA pocketed more than a million dollars of our
pay each year in District One.
BENEFIT THEFT
Don’t forget our lost Holiday Pay (State employees get 7 PAID holidays). Oh yeah, ISS/ICA pocketed your Vacation Pay too. Then there’s the provision for Sick Days they grabbed. Shall we discuss Health Care? They’re all benefits State employees receive. The State factors them into the staffing money ICA receives under their operating contract. Why should we receive less than a State worker? Why should we receive less than the prevailing wage in our locality? Why didn’t ICA or FDOT help our appeal to ISS before we were forced to organize under a union? Why put up with this any longer?
TIME TO PAY UP
Even if you’re willing to forgive all the benefit theft…
you’re still out $345.28 per pay check in wage theft. ISS & ICA are
pocketing more than $8,977.28 of your wages this year alone! It’s time they pay
us the wages to which the Federal government says we’re entitled and provide
the same benefits as others performing jobs for the State. ISS & ICA owe
us.
WE HAVE A MAJORITY (thank you for signing
the authorization cards)
Only you can stop further exploitation, profiteering and
wage theft by ISS and ICA, but only if
enough of us (50%+1) join together and VOTE YES for the union to negotiate for
us. It’s a secret ballot. It’s not a vote to join the union it only gives the
IBEW authorization to negotiate. If we don’t like the contract we can reject
it. If you don’t want to join the union you don’t have to. Let’s see what the
union negotiators can do.
STOP EXPLOITATION. STOP PROFITEERING. STOP WAGE &
BENEFIT THEFT.
Vote: YES!
What Will Be Negotiated?
SOME SUGGESTED NEGOTIATION POINTS TO CONSIDER
• PAY indexed to current published Department of Labor Statistics mean pay for Florida
• BENEFITS equal to the highest granted for the same job description across Florida.
• Change Employment from current “at-will” status to “for cause”.
• Automatic pay raise at one year (timely, without having to fight for it).
• Maintain “Full Time” min. hrs. defined as 4 days on 4 days off (32 hr min work week).
• Back pay differential from the time ISS raised the East Coast tenders pay plus interest.
• Choice of payment method: direct deposit, pre-paid debit card or hard copy check
• Indemnification against personal legal liability from job related issues, errors, omissions.
• Meaningful group health plan with a meaningful contribution by our employer.
• Union bulletin board in each bridge house.
• Easily recognizable uniform article (“Bridgetender” shirts/hat).
• We place the highest priority on safety so please be sure to share your needs in detail.
WHAT ELSE CAN WE NEGOTIATE?
Anything you choose. Give us your priorities (this list is in no specific order). Tell us your questions, comments, criticism, suggestions but most importantly your priorities.
Call Kathy Smith the IBEW Organizer: 727-542-0212.
Visit: www.bestbridge.blogspot.com
Thanks!
The Organizing Committee
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