Wednesday, January 29, 2014

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

www.bestbridge.blogspot.com

exploitingtenders@gmail.com

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:

exploitingteners@gmail.com

www.bestbridge.blogspot.com

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 5^th 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 4^th & 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.