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”.