Press

For all press inquiries, contact Izabela Miltko – 708.655.9681 or miltkoi@seiu1.org.

O’Hare Janitors Urge United Maintenance to Recognize Their Union

***News Advisory for Tuesday, May 14 at 10am***

In defiance of Mayor Rahm Emanuel’s decision to lower wages at O’Hare, janitors call for union recognition with support from aldermen…

O’Hare janitors choose SEIU in hope of better future

Who:                O’Hare Janitors, Members of the Chicago City Council, Jorge Ramirez-President of the Chicago Federation of Labor, SEIU members and officers, non-union airport workers

What:               O’Hare workers call for union recognition

Where:            City Hall, 121 N LaSalle – 2nd Floor

When:              Tuesday, May 14 at 10am

More than 70 percent of O’Hare janitors are coming together for better jobs and have chosen SEIU to represent their interests. Last December, Mayor Emanuel awarded a $100 million O’Hare cleaning contract to a company with longstanding ties to organized crime that promised to lower wages by 30 percent. As a result, hundreds of union workers lost their jobs and now the nonunion, largely new workforce is fighting to restore family-sustaining wages and benefits at O’Hare. The janitors will call on Mayor Emanuel to urge his contractor, United Maintenance, to recognize SEIU as their legal representative and bargain in good faith.

Contact: Izabela Miltko 708-655-9681 miltkoi@seiu1.org 

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Lawmakers criticize EAA for taking DPS money, not training officers [Detroit Free Press]

by Chastity Pratt Dawsey, April 26, 2013

Democratic lawmakers attacked the state’s school reform district Friday for using Detroit Public Schools as a conduit for $12 million in loans and for inadequately training security officers.

Democratic state senators Coleman A. Young II of Detroit and Bert Johnson of Highland Park called the Education Achievement Authority of Michigan a threat to children at a news conference outside the state’s offices in Midtown.

“EAA should not exist, period,” Johnson said.

The lawmakers’ accusations come as the state Senate is considering a bill that would establish the EAA in law and allow it to include 35 more schools statewide. Young said he does not support the bill, but he intends to introduce an amendment that would require more training for EAA security officers who currently do not receive training in first aid or CPR.

The security concerns come on the heels of accusations against the EAA from Rep. Ellen Cogen Lipton, a Democrat from Huntington Woods, who said the EAA had stalled and charged her $2,642.05 for documents she requested under the Freedom of Information Act last month. Lipton released the information this week, including documents that show that Detroit Public Schools took out loans through the Michigan Finance Authority’s state aid note program and gave the money to the the EAA to pay its bills.

DPS — and the state — have an interest in the financial viability of the EAA. The EAA pays DPS for food services, information technology and police services. DPS also still owns the 15 school buildings that the EAA took over and about $10 million in lease payments will be due this summer. DPS is run by a state appointee, emergency manager Roy Roberts.

DPS took out a $6-million loan in September and passed the money on to the EAA to help with start up costs. The EAA repaid the loan in January and paid DPS an $87,000 markup on top of $30,000 in interest, said John Covington, chancellor for the EAA. In February, DPS took out another $6-million loan and passed the money on to the EAA. That is due to be paid off by July 22.

The board was never presented with information on the transactions, EAA board president Carol Goss said Friday. The board was not required to approve the transactions, according to the Michigan Department of Treasury.

“It was not illegal. It was not a matter of going into smoke-filled back rooms to get it done; it was to make sure the children of the EAA would get everything they needed,” Covington said, “Once we become a statewide school district in the law, then we can do the same things other school districts are doing — that’s the crux of the problem.”

DPS acted as a conduit for the loans at the request of the state, according to DPS spokeswoman, Michelle Zdrodowski. Under the agreement with Eastern Michigan University that created the EAA, DPS can provide advances and services to the EAA, she said in a written statement.

Senate Democratic Leader Gretchen Whitmer, along with Sen. Vincent Gregory, a Democrat from Southfield, also issued statements condemning the governor and the EAA for using DPS to borrow money.

The EAA is the reform district for the lowest performing 5% of schools in the state that started educating students last fall by taking control of 15 schools in Detroit. It was formed in 2011 with support from Gov. Rick Snyder.

The EAA used DPS to get the loans because the EAA does not have authority to do so, said Caleb Buhs, a spokesman for the state treasury department. Legislation approved last month by the House and pending in the Senate would give the EAA the ability to take out loans backed by state aid payments, a common practice.

The EAA’s security issues gained attention last month after the EAA reported an increase in crime in its schools for the first half of the school year compared with last year. EAA contracts with Prudential Security for guards.

Gerald Collins, executive vice president for Prudential, said the firm provides training, but is not required to provide first aid and CPR training.

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EAA safety questioned by two Michigan lawmakers (The Detroit News)

by Jennifer Chambers, April 26, 2013

State Sen. Coleman Young III, D-Detroit, announced Friday morning he will introduce a measure that would mandate a higher level of training for contracted security workers in EAA schools. (David Coates/The Detroit News)

Detroit — A day after a $6 million loan to the Education Achievement Authority from Detroit Public Schools was made public, two state lawmakers said they have concerns about student safety at EAA schools.

State Sen. Coleman Young III, D-Detroit, said Friday morning he will introduce a measure that would mandate a higher level of training for contracted security workers in EAA schools.

Young said officers have told him they lack basic training in CPR, experience high turnover among staff members and get little support from contractor Prudential Protective Service, the company hired by the EAA to provide security officers at all 15 schools.

“I’m not going to wait for a tragedy to happen. That’s why I’m introducing an amendment that will put our kids’ safety first. Companies that receive taxpayer dollars need to abide by the law and ensure the highest safety standards for our children,” Coleman said as he stood outside Cadillac Place, which houses offices for the state of Michigan, which operates the EAA.

Coleman said he would attach the amendment to current EAA bills moving through the Michigan Legislature. He wants action before the state moves to expand the EAA, the statewide system for failing schools.

State Sen. Bert Johnson, D-Detroit, also called for further scrutiny of EAA security officials, saying a lack of safety for students “is another indictment of this failed experiment.”

Robert Booker, an EAA security officer, said he was recently injured responding to a gang fight at Central High School

“We find knives, guns, drugs all the time,” Booker said. “Officers are doing the best they can, but Prudential isn’t helping us. Officers come and go all the time because we don’t have the training and support.”

EAA Chief of Staff Tyrone Winfrey said the district contracts with two agencies — the Detroit Public Schools Police Department and Prudential Security — to provide security services.

“We take any allegation of unsafe conditions seriously and are ready to thoroughly investigate each allegation if we are provided with the details so that we can follow up. At the same time, to the extent this is an attempt by the SEIU to organize Prudential employees, that is an issue between Prudential and the SEIU,” Winfrey said.

A Prudential official said the claims are inaccurate and unfair and are rooted in an attempt to unionize the security guards rather than a sincere concern for students and staff at the EAA schools. The guards make $9 an hour, the company said.

“This is politics at its worst. Rather than taking the proper steps to organize our employees, the union is exploiting children in an attempt to discredit Prudential and its employees,” Gerald Collins, company executive vice president, said.

An official with Service Employees International Union Local 1 in Detroit confirmed that SEIU is trying to organize Prudential Security guards, including those at EAA schools.

Chris Siller, Michigan coordinator for the union, said the guards aren’t being paid overtime and none are trained for CPR. Earlier this month, The News reported that in the first five months of the EAA school year, school authorities documented more than 5,000 discipline-related infractions across 15 school buildings in Detroit, ranging from fights to truancy to gambling and disorderly conduct.

The number of reported incidents skyrocketed in the second quarter, from mid-November through the end of January, when 4,000 infractions piled up, including 1,000 truancy cases, 986 disorderly conduct incidents, 63 drug possessions, 33 firearm possessions and 22 physical assaults against staff.

Also reported were 876 cases of insubordination and 52 cases of threats of violence or coercion.

The data represent the first assessment of behavioral problems among the 10,000 students at the EAA schools, which were under Detroit Public Schools management until last fall.

The report’s release comes after the Detroit Police Department disbanded its Gang Squad and sent officers into jobs outside schools and neighborhoods. At the same time, Michigan lawmakers are debating bills to expand the reach of the EAA and codify it into state law.

The News reported Friday that administrators at the EAA took $6 million in loans from the cash-strapped Detroit school district without approval from EAA board members.

EAA board secretary Mike Duggan told The News on Thursday he learned of the secret loans from a constituent Wednesday night, but he never heard of the loans at monthly EAA board meetings, which he says he regularly attended.

“The board has never approved a loan from DPS. I’m pretty confident the board was never advised of it, either,” Duggan told The News.

The loans came to light this week in documents obtained by state Rep. Ellen Cogen Lipton, D-Huntington Woods, through a Freedom of Information Act request.

The EAA is a newly formed statewide school district created by Gov. Rick Snyder to take over the state’s lowest performing schools. DPS loaned the EAA the $6 million by borrowing the money through the Michigan Finance Authority, with repayments guaranteed based on the EAA’s future state funding payments, said Caleb Buhs, spokesman for the state Treasury Department, which approved the loans.

“This was a good arrangement for both as DPS has a vested interest in the success of the EAA and DPS’ payments are protected by state aid from EAA,” Buhs said late Thursday.

DPS spokesman Steve Wasko could not be reached for comment.

The EAA opened its doors in September. It raised $15 million in private donations, money intended to finance start-up costs while the district waited to collect state aid for each student it educates.

“The EAA was simply faced with cash-flow timing challenges, and to cover the difference when donation commitment and pledges were made versus came in, as well as when their state aid payment would come in,” Snyder spokesman Sara Wurfel said late Thursday.

Snyder-backed legislation seeking to expand the reform district’s reach to 50 schools failing statewide is pending in the state Senate.

The EAA asked for and received a $2 million loan from the state in January to fund operations and technology improvements after philanthropic funds fell short.

“I’ve asked about the cash flow issues at every board meeting,” Duggan said.

One email Lipton obtained shows Snyder’s transformation manager, Richard Baird, was sent a copy of a Sept. 7 message about the EAA needing $3 million for payroll from DPS. Baird was involved in the transaction because he is secretary/treasurer of the Michigan Education Excellence Foundation, a group that helped finance the EAA’s start-up costs, Wurfel said.

The documents also show a $2 million loan by DPS to EAA to pay vendors and another $1.8 million for various payments. DPS chief financial officer Bill Aldridge signed off on all the requests.

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Lawmaker vows measure requiring more training for EAA school security [The Detroit News]

by Jennifer Chambers and Chad Livengood, April 27, 2013

State Sen. Coleman Young II, D-Detroit, said at a news conference held at Cadillac Place on Friday that he plans to introduce a measure to require increased training for contracted security workers in EAA schools. (David Coates / The Detroit News)

Detroit — As state lawmakers consider expanding the Education Achievement Authority, questions and controversy continue to dog the new system for failing schools.

Friday, state Sens. Coleman Young II, D-Detroit, and Bert Johnson, D-Highland Park, voiced concerns for the students at the 15 EAA schools, all in Detroit.

On Thursday, a $6 million loan to the EAA from Detroit Public Schools was made public, prompting other lawmakers to criticize Gov. Rick Snyder’s administration and call for further investigations.

“It’s appalling to see the governor’s office directly involved in taking $6 million out of the already cash-strapped Detroit Public School system in yet another shady back-room deal designed to keep the public from knowing it ever happened,” state Senate Democratic Leader Gretchen Whitmer said.

EAA chancellor John Covington defended the loans, saying there was nothing secret or illegal about them, even though the EAA board never approved the transaction.

“We ran into a shortfall. The loans were taken out on behalf of the EAA. We are a client of DPS,” Covington said. “They already provide nutrition, law enforcement services.

“We don’t have a credit rating yet. It was thought it was best DPS partner for us,” he said.

Michelle Zdrodowski, DPS spokeswoman, said the district provided the funds at the request of the state.

“DPS agreed to the state’s request because the students in the systems are Detroit students and as former DPS students deserve a smooth educational transition during this time period,” Zdrodowski said.

“Under the agreement with Eastern Michigan University, which created the EAA, DPS can provide advances and services to the EAA.”

The transaction with the EAA was publicly reported through DPS’s deficit elimination plan, she said.

All costs associated with that borrowing, including staff time, is being paid by the EAA, she said. Repayments, including principal, interest and fees began on March 26, with a payment of $1.2 million.

Young said Friday he will introduce a measure that would mandate a higher level of training for contracted security workers in EAA schools.

At a news conference, Young said officers have told him they lack basic training in CPR, experience high turnover and get little support from Prudential Protective Service, the company hired to provide security officers at the 15 EAA schools.

“I’m not going to wait for a tragedy to happen. That’s why I’m introducing an amendment that will put our kids’ safety first,” Young said.

Robert Booker, an EAA security officer, said he was recently injured responding to a gang fight at Central High School. “We find knives, guns, drugs all the time,” Booker said. “Officers come and go all the time because we don’t have the training and support.”

This month, The News reported that in the first five months of the school year, authorities documented more than 5,000 discipline-related infractions in the EAA buildings, including fights, truancy, gambling and disorderly conduct.

The number of reported incidents soared from mid-November through the end of January, when 4,000 infractions piled up. The data represent the first assessment of behavioral problems among the 10,000 students at the EAA schools, which were under Detroit Public Schools management until last fall.

EAA chief of staff Tyrone Winfrey said the district contracts with the Detroit Public Schools Police Department and Prudential Security to provide security services.

“We take any allegation of unsafe conditions seriously and are ready to thoroughly investigate each allegation if we are provided with the details so that we can follow up. At the same time, to the extent this is an attempt by the SEIU to organize Prudential employees, that is an issue between Prudential and the SEIU,” Winfrey said.

A Prudential official said the claims are inaccurate and unfair and are rooted in an attempt to unionize the security guards rather than a sincere concern for students and staff at the schools. The guards make $9 an hour, the company said.

“This is politics at its worst. Rather than taking the proper steps to organize our employees, the union is exploiting children in an attempt to discredit Prudential and its employees,” said Gerald Collins, a company executive vice president.

An official with Service Employees International Union Local 1 in Detroit confirmed SEIU is trying to organize Prudential Security guards, including in the EAA. Chris Siller, the union’s Michigan coordinator, said the guards aren’t paid overtime and none are trained for CPR.

In Lansing, lawmakers are debating Snyder’s proposal to codify the EAA in law and allow it to take over another 35 schools across the state that have been in the bottom 5 percent of test scores for three years or longer. A bill passed the House and is pending in the Senate.

The House and Senate budget plans for the 2013-14 school year contain additional funds the EAA could request.

In February, Snyder proposed $8 million in grants for school districts that offer “student-centric” learning, which is defined in the budget bill as allowing students to “advance to the next level of learning based on their individual mastery of the each subject area.”

The House lowered the amount of grant money to $7 million, which the EAA and other schools using a different style of student learning would be eligible to apply for, said Bethany Wicksall, an education funding analyst with the nonpartisan House Fiscal Agency.

The Senate, in turn, capped the per-district grants at $1 million “so it couldn’t all go to the EAA,” said Eric Dean, chief of staff for Sen. Howard Walker, R-Traverse City, who is chairman of the Senate’s School Aid budget subcommittee.

 

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Security Officers Speak Out, State Senators Call for Safety First at EAA Schools Ahead of Potential Expansion

Detroit 3Senator Coleman Young II, Senator Bert Johnson, security officers, and concerned members of the community gathered outside of Cadillac Place on Grand Boulevard to expose serious safety concerns at EAA schools. Officers are reporting a lack of adequate training, high turnover and little support from Prudential—the company hired by taxpayers and entrusted with the safety of the children at EAA schools. These reports, along with Prudential’s legal history, have prompted Senator Coleman Young II to introduce an amendment that raises safety standards at EAA schools.

“I’m not going to wait for a tragedy to happen,” says Senator Coleman Young II. “That’s why I’m introducing an amendment that will put our kids’ safety first. Companies that receive taxpayer dollars need to abide by the law and ensure the highest safety standards for our children.”

Security officers are blowing the whistle on safety issues. Officer Robert Booker from Central High School states, “We’re not getting the training we need. Officers are doing the best they can, but Prudential isn’t helping us.  The lack of training, high turnover and lack of support from the company is putting kids and staff at risk.”

Prudential’s questionable legal history is also coming under scrutiny. They have been sued twice by the EEOC, and they hired an alleged criminal as a director of operations—a man who allegedly assaulted someone with a dangerous weapon and threated to have someone shot. Legislators and members of the community are asking whether a company like Prudential can be trusted with the security of our schools.

Senator Bert Johnson adds, “The lack of safety in EAA schools is yet another indictment of this failed experiment. We already knew the EAA was unable to deliver a proper education to its students and now we know it can’t even protect the children it is entrusted with.”

In support of school safety, Senator Hoon-Yung Hopgood released a statement saying, “The first and foremost concern when it comes to our youth is their safety. The EAA has demonstrated an inability to protect the children in its schools by hiring a private security contractor with a questionable legal history, reports of inadequate training for its staff, irresponsible behavior, and widespread claims of wage theft. None of these allegations are acceptable in any professional setting, let alone one responsible for the daily care of our children.”

Prudential is hired by taxpayers to provide security to 15 EAA schools. In light of a potential expansion of schools under the EAA’s administration, legislators are examining the safety standards of the security contractor operating in their existing schools. They are proposing a common sense amendment that would require that security companies have a clean legal history and adhere to higher safety and training standards.

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SEIU Security Officers Approve Historic Contract [Progress Illinois]

from Progress Illinois, 4/23/2013

SEIU* security officers have reached an agreement with the Building Owners and Manager’s Association (BOMA), voting unanimously for a three-year contract that went into effect Sunday.

The contract secures annual wage increases for the security officers and keeps comprehensive family health insurance intact for the workers and their families.

“When responsible companies do their part and invest in good jobs with family health care and a livable wage, our whole city benefits,” said Tom Balanoff, President of SEIU Local 1. “This three year agreement will boost our local economy in the communities that need it most. Now we will call on employers in the suburbs to follow BOMA’s lead and invest in good jobs that support hard working families.”

The workers have been rallying for a fair contract that included a wage increase since March, as Progress Illinois has previously covered. The new contract will bring in more than $4,000 in increased wages for the security officers.

“We worked hard, we persevered, we fought, and we won. Now we can feel a little better about our jobs, and, ultimately, our lives,” said Tonya Yarbrough, a security officer at the Chicago Stock Exchange. “This contract is not going to fix our neighborhoods overnight; but if we come together and fight for our neighborhoods the way that we fought for our jobs, we can make a safer Chicago.

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Downtown Security’s Historic New Contract

Tanya Robinson calls for a unanimous vote at the 4/20 contract ratification meeting.

Tanya Robinson calls for a unanimous vote at the 4/20 contract ratification meeting.

While Chicago’s security officers protect corporations that generate more than $500 billion a year, most of them go home to the most dangerous and economically depressed communities in the city. Starting in January, a dedicated security brigade took to the streets to rally support as they fought for fair wages. On April 20th, security officers unanimously approved a new union contract that preserves their ability to support their families. About 2,000 officers and their families will benefit from more than $4,000 in increased wages and access to family health care over the next three years. Together, the officers will bring $8.9 million into the local economy, pumping much needed resources into our city’s struggling neighborhoods. Winning the highest wage increase in SEIU Local 1 Security history, downtown security officers fought hard for good jobs and a safer Chicago… and they won.

“We worked hard, we persevered, we fought, and we won. Now we can feel a little better about our jobs, and, ultimately, our lives,” says Tonya Yarbrough, a security officer at the Chicago Stock Exchange. “This contract is not going to fix our neighborhoods overnight; but if we come together and fight for our neighborhoods the way that we fought for our jobs, we can make a safer Chicago.”

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Chicago Security Officers, Building Owners and Security Contractors Invest in Good Jobs, Pump $8.9 Million into City’s Neglected Neighborhoods

***Advisory for Monday, April 22, 2013***

CONTACT: Izabela Miltko, miltkoi@seiu1.org, 708-655-9681

Security officers unanimously approve contract agreement benefiting both their families and communities 

CHICAGO—Downtown security officers are partnering with Chicago’s Building Owners and Managers Association (BOMA) to invest in good jobs and take action to create a safer Chicago. While Chicago’s security officers protect corporations that generate more than $500 billion a year, most of them go home to the most dangerous and economically depressed communities in the city.

Unanimously, the security officers approved a new union contract that preserves their ability to support their families. About 2,000 working families will benefit from more than $4,000 in increased wages and access to family health care over the next three years. Together, the officers will bring $8.9 million into the local economy, pumping much needed resources into our city’s struggling neighborhoods.

“When responsible companies do their part and invest in good jobs with family health care and a livable wage, our whole city benefits,” says Tom Balanoff, President of SEIU Local 1. “This three year agreement will boost our local economy in the communities that need it most. Now we will call on employers in the suburbs to follow BOMA’s lead and invest in good jobs that support hard working families.”

The new three year downtown security officers’ union contract, which goes into effect April 21, guarantees:

  • Annual wage increases for security officers, the majority of whom are African American and live in the city’s most impoverished, under-resourced neighborhoods where 80 percent of Chicago’s more than 500 murders occurred in 2012.
  • Protection of quality, family health insurance.  The security officers’ plan provides comprehensive coverage for the officers and their families at a significantly lower cost than the average family health plan in Illinois.

“We worked hard, we persevered, we fought, and we won. Now we can feel a little better about our jobs, and, ultimately, our lives,” says Tonya Yarbrough, a security officer at the Chicago Stock Exchange. “This contract is not going to fix our neighborhoods overnight; but if we come together and fight for our neighborhoods the way that we fought for our jobs, we can make a safer Chicago.”

More than 5,000 security officers in the suburbs will work to settle their contract by the end of 2013.

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SEIU Local 1 unites 50,000 property service workers in the Midwest, including security officers, janitors, window washers and residential doormen.  Together we work to build strength for all working people, on the job and in our communities.

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O’Hare janitors opt for rival union that’s friendly with Rahm [Chicago Sun-Times]

BY DAN MIHALOPOULOS Staff Reporter dmihalopoulos@suntimes.com April 5, 2013 2:00PM

A bitter loss for a labor union that’s feuding with Mayor Rahm Emanuel has turned into gain for some of Emanuel’s best friends in organized labor.

Janitors’ union leaders complained that 300 members lost their jobs a few days before Christmas because Emanuel signed a $99.4 million deal with a new contractor to clean O’Hare Airport. Now, the replacement airport janitors have joined the Teamsters — one of the few unions that supported Emanuel’s 2011 mayoral campaign.

SEIU leaders — who were neutral in the 2011 mayor’s race and have since criticized Emanuel frequently — filed a complaint Thursday with the National Labor Relations Board. They say the city’s new airport janitorial contractor, United Maintenance Cos. Inc., “unlawfully coerced” its airport employees to become Teamsters.

Nora Kelley, chief of staff at SEIU Local 1, said United Maintenance and city officials refused to arrange access to the workers for SEIU to try to organize them. “Instead, they granted preferential access” to the Teamsters, Kelley said.

A Teamsters spokesman did not return calls seeking comment, but United Maintenance lawyer Thomas Mandler said the company’s O’Hare workers voted earlier this week to join Teamsters Local 727. Mandler said city officials played no role in negotiations.

Asked about charges that City Hall favored the Teamsters, Emanuel spokeswoman Sarah Hamilton replied in an email that the matter is “a dispute between two labor organizations.” She added that the city “supports the rights of the employees of United Maintenance to bargain collectively.”

During the 2011 mayoral campaign, as many of the largest public employees’ unions opposed Emanuel, he received a key endorsement from Teamsters leader John Coli.

United Maintenance CEO Richard Simon also is well-acquainted with the Teamsters. A review board appointed to root out corruption and mob influence in the Teamsters alleged in 2002 that Simon colluded with union bosses, including William Hogan Jr., to undermine the union’s contract in Las Vegas.

After the five-year O’Hare contract took effect in December, five aldermen asked Inspector General Joseph Ferguson to investigate. They cited a Chicago Sun-Times story that revealed how Simon sold a 50 percent stake in United Maintenance but did not report the ownership change to Emanuel administration officials for a year. That could have been grounds for voiding the contract, but Emanuel aides chose not to punish United Maintenance.

The mayor also shrugged off Simon’s business ties to an alleged organized-crime figure and United Maintenance’s employment of an executive who was indicted with the late Outfit boss Anthony “Big Tuna” Accardo.

 

http://www.suntimes.com/news/cityhall/19275483-418/new-ohare-janitors-opt-for-rival-union.html

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Obamacare Prompts Fears for Low-Wage Workers as Employers Exploit the Rules [The Guardian]

by Spencer Woodman, March 29, 2013

Under the reforms, large employers are exempt from contributing towards healthcare for employees who work under 30 hours a week. Photo: Joe Raedle/Getty Images

In January, a janitor in Cincinnati received a piece of chilling news from one of her superiors, who had just met with upper management. The company, the supervisor said, was considering cutting some full-time employee hours down below 30 per week in order to avoid paying for new healthcare costs associated with Obamacare.

The janitor, who asked to be called Jennifer for fear of retaliation from management, is well into her 40s and now worries for her livelihood.

After over six years of working for ABM Industries, a company worth $4bn, she works full-time for $9.80 an hour. She says that with so many bills, including several monthly prescriptions, she often finds herself so short on money that she cannot eat satisfactorily. “I want to – I need to – work full-time” Jennifer said. She is a member of the local Service Employees International Union, which has struggled to bargain with ABM for better wages and steady hours.

“Every penny counts for me,” Jennifer said. “I’m working full-time and I’m still struggling to make ends meet. If I got cut down to 20 or 25 hours … oh my God, I would have no money to live on. I wouldn’t be able to pay my bills; I’d hardly afford to eat or pay for my medication. I’d be forced to look for another job.”

“It’s not like mom’s still here – I can’t go stay with mom any more,” Jennifer added.

Her story is not unusual. Three years after the passage of Barack Obama‘s signature healthcare law, labor advocates are warning that it could have the unforeseen consequence of harming some of the very low-wage employees it seeks to aid. The legislation’s incentive scheme, they say, could cause a shift toward part-time work that extends beyond companies like Papa John’s and Darden Restaurants, which last year publicized their plans to cut employee hours to avoid costs under the new law.

Such worries are reflected in California, where the state union federation is exploring legislation to lay over the Affordable Care Act to fix the potential problem. “We’re extremely concerned about the structure of employer responsibility penalties under this law” says Sara Flocks, Public Policy Coordinator for the California Labor Federation, which represents over 1,200 trade unions with 2.1 million members. “It encourages a shift toward a part time workforce in industries where that’s possible. In retail, entertainment, restaurants, and hotels, we’ll see a move toward cutting workers below the 30-hour mark.”

Most at risk of this, according to Flocks, is the so-called contingent workforce: those employees with already fluctuating hours, no job security, and little power to bargain with management. These are the workers whose hours can most easily be slashed by employers seeking to avoid paying health insurance.

Under the law that takes effect next year, large employers are exempted from contributing anything towards healthcare costs of employees who work under 30 hours a week. For full-time workers, companies must offer affordable insurance or face steep fines. Employers seeking to dodge this responsibility could impose 29-hour ceiling on workers, Flocks says, and push many onto public insurance subsidies, straining state and federal budgets.

The California Labor Federation has been quietly exploring strategies to stop this potential unintended consequence by reinforcing the ACA with state legislation to discourage large employers from cutting hours. The details of this proposal are undecided, but, at least in theory, a state law acting alongside the ACA could ensure that an employer’s part-time workers are counted toward determining how much a company must contribute to overall healthcare costs. This could eliminate the incentive to skirt the law by cutting hours.

“We want to be very clear that, overall, this law is a very good thing for working people, but we clearly need a fix on the 30-hour-a-week issue,” says Saru Jayaraman of Restaurant Opportunities Centers United, a non-union labor group that represents 10,000 restaurant workers nationwide. The restaurant industry has one of the highest concentrations of workers most likely to have hours cut under the ACA’s 30-hour provision, according to a recent study UC Berkeley.

“We are very supportive of the effort in California. Once we see it in action, we can begin replicating it other states around the country,” said Jayaraman. “We need to make sure that all employers are taking responsibility.”

Republican opposition in Congress makes the path of state rather than federal legislation more appealing. Because many of Obama’s opponents would like to see the healthcare law falter, even practical fixes on the national level would likely fail in the House of Representatives. Apart from legislation, the California Labor Federation hopes to create a database of hour-cutting employers to inform policy makers on whatever trend emerges and who is responsible. Jayaraman says that finding and shaming employer who cut hours will be key in addressing the problem.

“The provision was not thought out all too well,” says Elise Gould, the director of health policy research at the Economic Policy Institute, a liberal thinktank. “It creates a cliff, and we never like to see cliffs in policy.”

Yet Gould does not expect the law to cause a wholesale shift toward part-time. She points to the fact that, because most large employers already offer health coverage to full-time employees, the incentive to cut hours already widely exists. Also, Massachusetts’ own state employer-based healthcare reform enacted in 2006 did not prompt any massive shift to part-time work.

There are some key differences, though, between Massachusetts law and the ACA, says Ed Lenz, senior counsel at the American Staffing Association, a business association of staffing firms. Unlike the ACA, the Massachusetts law enacted by former Governor Romney counts part-time workers toward the size of penalty non-compliant employers must pay, thereby giving more weight to the number of part-timers at large companies under the state law.

Massachusetts also has the second highest per-capita income of any state in America, indicating a workforce with unusually strong job security.

Lenz doesn’t expect a huge shift among temporary staffing firms toward part time work under the ACA, as many staffing agencies’ clients prefer full-time workers.

In Cincinnati, however, the union that represents Jennifer and about 1,000 other janitors is fighting for its members’ hours. ABM has said it may need to cut hours in preparation for the ACA, according to the local SEIU. At the bargaining table in Cincinnati, an association of cleaning companies – including Jancoa Janitorial Services and Scioto Services – represents ABM.

“These contractors have told us repeatedly that they need the flexibility to avoid the guarantees of full-time work that their employees have fought hard to achieve when the ACA goes into effect,” said Laurie Couch, a spokesperson for the union.

In July, the CEO of Jancoa, Mary Miller, said that the ACA would “almost force us to go to part-time employees to reduce the cost that our customers and us cannot afford.” This statement was part of a video released on YouTube by the US Chamber of Commerce.

Jancoa and ABM declined to comment for this article.

“We see the ACA as a three-legged stool made of the individual mandate, employer responsibility, and government subsidies,” said Flocks.

“And all of us are in, except these employers which are skirting their responsibilities. If you cut one leg of the stool it’s going to crash. This is about fair share, but it’s also about the sustainability of the ACA.”

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