10. A Call to Reason

 The Organizing Committee

To Stop Exploitation

exploitingtenders@gmail.com

 

June 24, 2013

Mr. Jim Howard, General Manager, ISS Facility Services

1805 SE Hawthorne Rd.

Gainesville, FL. 32641

Dear Mr. Howard,

You violated our rights including the right to protected concerted activity. Words fail to describe how appalled we are with your interference or the distain felt by your employees at your heavy handedness. Your confiscating our literature is viewed as a needlessly aggressive delaying tactic. We again encourage you to be responsive and reasonable.

Our first demand was simply equal pay for equal work across Florida. In April all you had to do was give us the same raise the union forced you to pay South Florida. Instead, you chose to ignore us and in response to your stonewalling we began organizing and increased our demands to include back pay with interest. Your confiscation response in an attempt to crush our resolve senselessly escalated, polarized and emboldened us.

We have been forthright and transparent in sharing our plans and abhor interference in return. Your misconduct forced us to the National Labor Relations Board where we will be filing charges against you, organizing our representation according to DOL process and holding a secret ballot supervised by the NLRB. You will not be able to ignore us.

You are forcing us to engage in a more demanding and sophisticated response. You raised the stakes, we raise our demands. Since you’re making this a long and arduous process we demand all what is rightfully ours right now - the current mean pay scale reported by the US Department of Labor Statistics for our job description in Florida.

When your supervisors confiscated our literature they claimed the tender house as your turf. We plan to approach the FDOT for their opinion of your claim and we will ask them to disclose the amount provided under the ICA blanket agreement for bridge tender pay and for an audit to uncover suspected unethical profiteering.

We currently have committee members from all four of your west coast supervisory districts. Since you force us to become officially recognized, we will reach out to all your Florida districts to better amortize the greater effort you’ve imposed on us.

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.

Sincerely,

The Organizing Committee

c.c. Mr. Richie Rhodes, ICA            ENCL. Copy of our 6/24/13 letter to Mr. Richie Rhodes

9. Second ICA Appeal

 

The Organizing Committee

To Stop Exploitation

exploitingtenders@gmail.com

June 24, 2013

Mr. Richie Rhodes

ICA Systems Operations Manager

1719 Apex Rd, Unit B, Sarasota, FL 34240

Dear Mr Rhodes,

We previously asked for your kind intervention and thank you for any efforts you may have made on our behalf. Enclosed please find a copy of our letter of June 24^th to Mr. Howard that responds to his confiscation of our literature package during the week of June 6^th. 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.

Unfortunately we must now go on record for bringing the disparity, suspected profiteering and opportunist activity of your subcontractor to the formal attention of ICA. We ask ICA to take appropriate action to investigate and correct the problems with ISS and to be proactive in preventing any such future abuse.

We noticed in your blanket Agreement with the FDOT that ICA indemnifies them. Please clearly confirm and define our individual indemnification against personal civil liability stemming from bridge-related events caused by us or occurring while we are on the job.

You know that at each step along the way we have disclosed our next and will continue to do so in an effort to avoid avoidable action. A summary and letters to the bridge tenders are published at www.bestbridge.blogspot.com and we invite you to visit.  Please help us avoid further escalation and polarization. We look forward to your response.

Sincerely ,

The Organizing Committee

cc. Mr. Jim Howard, ISS Facility Services

ENCLS. Copy of 6/23/13 letter to Mr. Howard

8. Response to Confiscating Our Literature

Our response to the ISS confiscation of our literature is to prepare for a long, ugly battle. We are filing charges against ISS with the National Labor Relations Board (NLRB) for unfair labor practices. What an unfortunate demonstration of their adversarial perspective.

We’ve learned more about labor law than we ever wished to know and now plan to hold a by-the-book secret ballot monitored by the NLRB. We’ve contacted the government, lawyers, law schools and law professors for guidance. Since it’s taking a lot more time and work and we don’t want to do it twice, we’ve raised our demand to the full amount to which we are entitled.

The U.S. Bureau of Labor Statistics currently quotes $19.04 median pay per hour for our job description in Florida. Why should we settle for less, especially from an adversary? Why should anyone perform a job for the State government for less than half of what the Federal government says we’re due? We didn’t make this up it’s a published fact.

We’ll post our latest letters in response to the confiscation after Mr. Howard and Rhodes have received them. In an effort to be reasonable we included an offer to compromise on pay in the near term in return for the assurance our pay will be fair and protected in the long run. We offer this as a gesture of good faith. Volunteering a loss of pay is a strong demonstration of how motivated we are to solve this problem early.

But, there’s something that can’t be compromised. Maybe we’re already protected and it’s not an issue and if you have a document please share it. We need to discover what happens if we make a mistake or someone claims we made a mistake at work and we’re sued personally. Are we indemnified against civil action and who comes to our legal defense? We must be certain we are personally indemnified (by FDOT, ICA or ISS) against any personal legal action stemming from our employment.

We’re taking great care not to rush into anything that results in avoidable difficulty or embarrassment to ISS, ICA or the FDOT. We are proceeding slowly but logically while telegraphing our intent. We sincerely hope they’ll learn early that we will not relent and that illogical response costs them compounding consequence. Most of us love our jobs and we know that tough love is the hardest, but they must do the right thing.

Not everyone has email so print all this stuff and share with every shift and especially between bridges (please make the effort to copy and pass it around). Please don’t leave it on FDOT property or read it on company time. Just pass it from hand to hand and be careful it’s not confiscated again. We know, it’s silly to have to hide our actions. They're just posturing and exercising bravado. We have the right, they're in the wrong, see for yourself...

The National Labor Relations Board protects the rights of employees to engage in “concerted activity”, which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment. A single employee may also engage in protected concerted activity if he or she is acting on the authority of other employees, bringing group complaints to the employer’s attention, trying to induce group action, or seeking to prepare for group action. A few examples of protected concerted activities are: Two or more employees addressing their employer about improving their pay, discussing work-related issues beyond pay, such as safety concerns, with each other, speaking to an employer on behalf of one or more co-workers about improving workplace conditions.

We want to hear from you. We could use some photos (one juicy one from every bridge would be great) to make our blog more visually interesting.  Send photos and/or emails to: exploitingtenders@gmail.com. Volunteer!

Thanks for your support,

Jake (aka The Organizing Committee)

A Bridge Tender Chimes In

Dear "Organizing Committee:"
I was recently provided with a copy of your eight-page document, which was ordered to be removed from the bridges by Milton Hartman before I got a chance to see it. I am very glad I was able to obtain a copy. Very well done, by all parties involved!

I have been a bridge tender in my district for fifteen years now. The last time we received a raise (of $.25, which put us at $8.00/hr.), It was mainly due to letters and "noise" created by bridge tenders in my district. At each annual meeting, our district always brings up the #1 dreaded discussion - "when are we going to be compensated commensurate with our duties?"

We all have put our hearts and souls into this career - for many of us, the last we will have. Our district has been pronounced as the "safest" in the Florida system for many years. We ace our annual DOT tests every year, and we take pride in our service to the boaters, the community, the State, and the federal government.

Please add me to your list of supporters, and keep me "in the loop" with any updates.
Thank you for everything you are doing to assist us in this matter.

Looking forward to hearing from you,

A disgruntled ISS bridge tender.

Attention: Bridge Tenders - Call for Photos, Volunteers

Dear Bridge Tender,

We could use a hand and invite you to volunteer.

PHOTOS PLEASE: We have enough text to gag a maggot and need some visual interest to keep the attention of the reader. We'd like to post a photo with each page and ask you to send us yours. It can be anything of interest, your bridge, your bridge house, your dog, anything that will capture the imagination and especially if it's related to safety. We'll add all the photos, to all the posts, all at once and when we have enough interesting shots. Video? Sure!



RESEARCH 1: We need someone to become an expert in:

McNamara-O'Hara Service Contract Act (SCA)
(41 USC §351 et seq.; 29 CFR Parts 4, 6, and 8)

The SCA requires contractors and subcontractors performing services on prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement as provided in wage determinations issued by the Department of Labor. These determinations are incorporated into the contract.
For contracts equal to or less than $2,500, contractors are required to pay the federal minimum wage of $7.25 per hour effective July 24, 2009. Contractors must also, under the provisions of the Contract Work Hours and Safety Standards Act and the Fair Labor Standards Act, pay employees at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.




RESEARCH 2: We need someone to become our expert in DOL compliance:

http://www.dol.gov/compliance/topics/unions.htm

The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) was enacted to ensure basic standards of democracy and fiscal responsibility in private sector labor organizations. Unions representing U.S. Postal Service employees are also subject to the LMRDA. Federal employee unions are subject to similar standards under the Civil Service Reform Act of 1978 (CSRA) and the Foreign Service Act of 1980 (FSA). The U.S. Department of Labor's Office of Labor-Management Standards (OLMS) administers and enforces many provisions of the LMRDA. In addition to provisions regarding union elections and ensuring fiscal responsibility, Section 104 of the LMRDA establishes the right to receive or examine collective bargaining agreements and applies not only to union members but also to all nonunion employees whose rights are directly affected by a collective bargaining agreement. Other parts of LMRDA set recordkeeping and reporting requirements.



RESEARCH 3: We need someone to become our expert in the NLRA & the NLRB

http://www.nlrb.gov/rights-we-protect/employee-rights

Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions, with or without a union. Employees have the right to attempt to form a union where none currently exists, or to decertify a union that has lost the support of employees. Examples of employee rights include:

• Forming, or attempting to form, a union in your workplace;
• Joining a union whether the union is recognized by your employer or not;
• Assisting a union in organizing your fellow employees;
• Refusing to do any or all of these things.
• To be fairly represented by a union

RECORD KEEPING: We need someone to keep our files and records required by the DOL. Bookkeeping experience would be a plus.


INTERNET GURU: We need someone to create and monitor a password protected PRIVATE FORUM for bridge tenders only to allow us to confidentially share information among ourselves.


EVANGELIST: We need a Johnny (and Juanita) Appleseeds in all ISS districts to research, call, distribute literature and inform other Florida bridge tenders employed of our actions, get feedback and establish communication and cooperation with them.

Thanks for your help,
Jake

7. Organizing Letter w/Article

June 5, 2013

Dear West Coast ISS Bridge Tender,

ISS pays $10.25/hr for your job in South Florida (see over) and that’s unfair to you. We tried to establish a dialog with ISS in April but they now remain silent. So, we must take responsibility and organize. The National Labor Relations Act stipulates in Section (7)a: "Employees shall have the right to self-organization . . . for the purpose of collective bargaining or other mutual aid of protection." The enclosed petition is our first step.

Some of you may not want to “make waves” or hurt your relationship with Management.  Settling disputes informally and respectfully is always best and a positive relationship with Management is our goal. But Management failed to respond to demands for fair treatment and we have reached a point where – regrettably – we need to organize to be heard.

Please help us by asking all ISS employees on your bridge to sign the attached petition (one sheet per bridge please). As one of many petitioners, you should not be singled out and you are protected by law: "It shall be an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section (7)."

Everyone is invited to keep track of progress and voice your opinions. Email us at ExploitingTenders@Gmail.com so we can add you to the confidential distribution list and keep you informed. Those without email can rely on those with it to relay communication.

Don’t keep it a secret share it with your supervisor and all management that visits your bridge. Calmly explain that ISS must stop their exploitation, that you demand fair and equal treatment. Tell them to do the right thing – stop taking more than a fair share of our pay and pay us all equally.

When we have all the signed petitions we’ll ask for a meeting to present your demands.  ISS has a history of delaying tactics but be assured that we’ll hold the course and increase pressure step-by-step. Thank you for your support during the process.

The Organizing Committee

ExploitingTenders@Gmail.com

Please copy and share this between bridges. When the petition is fully signed and ready to be picked up – email us the bridge name and phone number to arrange pickup. If you’re willing to help… Please Volunteer.

“Union vote by bridge tenders lifts hopes of organized labor”

There's a link to this article in the Introduction

(Note: Part Time Bridge Tenders working for Florida Drawbridge in Miami report 1week paid vacation after 1 year building to 2 weeks annually and a 3% automatic raise every year.)

6. The First 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.

BRIDGE (name):                                                                       

BRIDGE (number):                                                                   

EMPLOYEE (print name):                            SIGNATURE:

                                                                                                                                               

                                                                                                                                               

                                                                                                                                               

                                                                                                                                               

                                                                                                                                               

                                                                                                                                               

                                                                                                                                               

                                                                                                                                               

                                                                                                                                               

Please email ExploitingTenders@Gmail.com when this page is complete and available for pickup.

5. Request for ICA Intervention

June 5, 2013

Mr. Richie Rhoades,

ICA Systems Operations Manager

1719 Apex Rd, Unit B, Sarasota, FL 34240

Dear Mr. Rhoades,

This is to inform you of the dialog we attempted to have with ISS and provide you with copies of the correspondence that led to our decision to organize. Please note the enclosed appeals, the basis of our arguments and our demand for fair and equal treatment.  Excuse any duplication in the event Messrs. Hartman or Howard previously shared the dissatisfaction of the West Coast Florida Bridge Tenders with you.

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.

Most of us love our job and have a good relationship with your company. We invite you to work with us in creating an equitable balance between ISS and its bridge tender (not facility cleaner) employees. The responsibility of our position demands greater respect and increased consideration. We thank you in advance for helping us meet this goal and look forward to receiving your support.

Sincerely yours,

The Organizing Committee

(Until such time as the petition is complete and our Organizing Committee has standing, please respond to us at: Exploitingtenders@Gmail.com).

Cc Mr. Howard, ISS Facility Services

4. Notice of Intent to Organize

June 5, 2013

Jim Howard

General Manager

1805 SE Hawthorne Rd.

Gainesville, FL. 32641

RE: Equal Pay for Equal Work

Dear Mr. 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. We are organizing ISS managed bridges on the west coast of Florida so your employees may speak with a collective voice in achieving our first goal, that of wage and benefit parity.

We are also inviting Mr. Richie Rhoades of ICA to intercede in helping us avert further escalation. His company has the responsibility of being proactive in considering the impact of your policies on the public or the FDOT.

When the FDOT outsourced bridge staffing we doubt they anticipated a policy of near minimum wage exploitation of retirees as an end result. “The State of Florida has entrusted to your care thousands of lives and a valuable piece of machinery, the proper operation and care of which is of primary importance to the people using the highways and waterways of Florida. “The FDOT obviously thinks more of us than you.

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.

Sincerely,

The Organizing Committee

(Until such time as we may present the signed petitions, please respond to: ExploitingTenders@Gmail.com)

ENCL.            Organizing petition package, letter to Mr. Richie Rhoades of today’s date.

c.c.       Mr. Richie Rhoades,

ICW Systems Operations Manager

            1719 Apex Rd, Unit B, Sarasota, FL 34240