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 13^th 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 24^th 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 5^th 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 5^th 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 10^th: 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 24^th 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 14^th ISS: A 25¢ Raise to $8.25 per hour. Really!

August 24^th 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 6^th 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 9^th 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 19^th: 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 4^th 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 6^th NLRB: A charge was filed against ISS for unfair labor practices.

December 19^th 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”.

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

(Your suggestions are welcomed and encouraged)

• PAY indexed to current published Department of Labor Statistics mean pay for Florida

Bridge & Lock Tenders (currently $19.04/hr) and never less than the highest paid

Florida bridge tender of equal seniority & job description.

Additional pay when training new hires.

Automatic raises (higher of COLA or as per FDOT Agreement).

• BENEFITS equal to the highest granted for the same job description across Florida.

            Paid Holidays: 7 as defined by the State of Florida.

            Paid Vacations (1 week after 1 year & 2 weeks after 2 yrs.)

            Sick days that accrue @ one per mo.

• 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.

Email us: exploitingtenders@gmail.com  or

Call Kathy Smith the IBEW Organizer: 727-542-0212.

Visit: www.bestbridge.blogspot.com

Thanks!

The Organizing Committee

INTRODUCTION & SUMMARY - Start Here

Here we chronicle the plight of Florida's Bridge Tenders in our struggle to stop exploitation and profiteering at the hands of the ISS & ICA middlemen. We demand wages and benefits consistent with the U.S. Bureau of Labor Statistics, improved safety and legal protection.

 

Welcome ISS, ICA, FDOT, NLRB welcome all! This blog provides historical information to ISS (our direct employer), ICA (holds the bridge staffing contact with the FDOT and subcontracts our services from ISS), the FDOT (owns the bridges), the U.S. Coast Guard USCG (regulates bridge operation), Federal, State and Local Officials (the buck stops here?), the National Labor Relations Board (NLRB), the press, the public and our fellow bridge tenders about our battle to stop wage theft. 

 

BACKGROUND: ISS currently pays bridge tenders just pennies above minimum wage to start, after a year (and a struggle to get the only promised raise) we're now paid $8.25/hr. south of Tampa Bay, $8.75/hr. north of Tampa Bay, $10.00hr in Jacksonville and $10.50 in Delray Beach. The benefits are as capricious as the wages, some get 5 paid holidays others 0 (State employees get 7, Federal 9), some get paid vacations, some get sick leave, others nothing at all. But we all work for the same company, perform the same job under similar Agreements in the same State. It seems we're paid depending on how much local pressure ISS receives. In Jacksonville and Delray Beach it took union pressure to win their raises and benefits. The majority of Florida bridge tenders are seniors held captive at the poverty level. Our wages are an outrage and an insult. We are organizing under the International Brotherhood of Electrical Workers (IBEW) to stop wage theft by ISS and ICA.

 

Initial Demands. In April we demanded equal pay for equal work, the same rate throughout all of Florida, that was all. After being stonewalled we were forced to circulate a petition to West Coast tenders in an attempt to organize. A sample literature package was sent as a courtesy to ISS with notice of our intent. We wished to be transparent and above board. The ISS response was their illegal confiscation of our literature. It polarized our relationship, forced us into secrecy. In response to their delaying tactics we increased our demands to include the back pay differential plus interest.

 

National Labor Relations Board (NLRB). The National Labor Relations Act gives us the right to join together to improve wages and working conditions including the right to form a union where none currently exists. Examples of our 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

ISS violated our rights with their heavy handed confiscation of our literature forcing us to file charges against ISS to prevent future interference with our rights (see NLRB).

 

Department of Labor - Bureau of Labor Statistics. We then discovered the mean wage rate for our job description is reported by the US Bureau of Labor Statistics here. The Federal government reports the hourly mean wage at $19.04/hr for bridge and lock tenders in Florida. The Service Contract Act (SCA) demands that "no less than the wage rates and fringe benefits found prevailing in the locality". We deserve no less.

 

David vs. Goliath. ISS World according to their website is a multinational corporation with over 530,000 employees in facility management, cleaning, support, property, catering and security services, headquartered in Copenhagen, Denmark. They are a giant among outsourcing facility service companies. This isn't the first time Florida bridge tenders were exploited.  See the Sun Sentinel article here. Either ISS, ICA or both are taking more than their fair share of our pay and we asked FDOT to audit their contractors (a right they claim in their contracts).

 

We are not facility cleaners! The following is quoted from the FDOT manual. "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. “ ISS should refrain from higher level outsourcing if they don't recognize the need to provide adequate protection, fair wages and benefits to more responsible positions. FDOT should protect their bridge operators from profiteering and exploitation at the hands of their contractors.

 

See for Yourself. All our correspondence is posted here. Start at #1 (in April) you'll see we begged for a fair and easy resolution. It didn't have to go any further. Click on the numbered correspondence links to get the full picture. You'll see we offered concessions in an effort to reach an early resolution and repair the damage. After more than 5 months of stonewalling those concessions are now off the table and we organizing under the IBEW (International Brotherhood of Electrical Workers).

Delay is a polarizing tactic. Stonewalling made things worse by building and strengthening the adversarial relationship. It also uncovered a growing number of weaknesses. During the delay an unfortunate incident disclosed a lack of clear indemnification from personal legal liability while on the job. Under their Agreement, ICA indemnifies the FDOT but who indemnifies us? It turns out we are performing our job at personal financial risk and deserve personal indemnification.

 

There's a conflict of interest Operators working for ISS are discouraged from writing reports critical of ICA. It's a case where the subcontractor is protecting the prime contractor. Many bridges suffer the ravages of deferred maintenance and obsolescence but bridge tenders are discouraged from volunteering deficiencies to inspectors and risks remain unchecked. The FDOT suffers from two filters between themselves and their bridge operators.

 

ICA Responsibilities. ICA is on record. They have a fundamental responsibility to prevent exploitation by their subcontractor and can no longer feign ignorance nor look the other way. Could this be a case where ICA and ISS are in complicity - both engaged in wage theft? It needs an audit to uncover the facts but FDOT is hiding behind the verbiage in their contract.

 

FDOT. We ask you again to find out who's taking more than their fair share of our pay. You have the right to audit and discover the differential between what you pay ICA and the wage and benefits we receive. Please allow us to influence any new Agreement that outsources bridge tenders to insure that we are unshackled from being employed "at will" so you receive candid direct reporting from your operators. Safeguard the wages of hundreds of seniors being exploited by the profiteering of ICA and ISS by including "no less than the wage and benefits found prevailing in the locality" in your next outsourcing Agreements.

 

Progress. Their days of wage theft are coming to an end. The IBEW has filed a petition with the NLRB who will mail secret ballots to every bridge tender in early January. ISS temporarily forced us into a period of silence while we organized. Now, we can again openly voice our opinion. When you get your secret ballot be sure to vote YES. Follow the instructions on completing and mailing back your ballot carefully. Thank you for your support. 

The Organizing Committee