University of Miami 2006 custodial workers' strike
Encyclopedia
The University of Miami 2006 custodial workers' strike featured striking custodial workers
at the University of Miami
in Coral Gables, Florida
, in the United States
. The strike began on February 28, 2006 and ended on May 1, 2006.
s. Concerns were also raised about substandard pay, lack of health benefits, and workplace safety
.
On March 20, 2006, in response to pressure from student and community groups supporting the strike and on advice of a task force, UM President Donna Shalala
announced that the university was planning to make changes to contract workers' wages and benefits, including:
Concerns also were raised about UNICCO's track record with workplace safety at other job sites. For instance, the U.S. Department of Labor's Occupational Safety and Health Administration
(OSHA) cited UNICCO for "alleged willful and repeat violations of safety standards following a June 8, 2005 accident at the New England Executive Park in Burlington, Massachusetts
, that killed one worker and severely injured another." Following the incident, OSHA fined UNICCO $152,000.
Additionally, the National Council on Occupational Safety and Health (National COSH) released a report on April 28, 2006 listing twelve companies—which they labeled a "dirty dozen"-- whose disregard for their employees’ safety and health has had tragic consequences for workers and their families. COSH listed UNICCO among the 12.
Card check
A central issue in the strike was whether the custodial workers could unionize by signing pledge cards, as advocated by SEIU and the striking workers, or whether, as UNICCO supported until May 1, 2006, such a vote should be held secretly and run by the National Labor Relations Board
. UNICCO and other supporters of a secret ballot argued that a secret ballot was preferable because it protected voting workers from intimidation and harassment. Both methods of unionization
, however, are allowed under U.S. law.
UNICCO wanted the decision made by a National Labor Relations Board election, in which a majority of voting workers would determine the outcome. Since no one is required to vote in an NLRB election a decision to unionize or not could be determined by a minority of workers. Striking workers and the SEIU, on the other hand, advocated a public (not secret ballot) card-check process that would result in a union only if a majority of all the workers employed by UNICCO signed cards indicating that they wanted a union. According to the SEIU, 56% of the workers signed non-binding pledge cards expressing their intention to join the union.
UNICCO representatives generated the slogan "Let 'em vote" to support an NLRB-election. UM faculty generated the slogan "Let 'em choose," and the workers generated the slogan "Let us choose" to support card check as the method of unionization.
, a South Florida freeway adjacent to the university, to Sunset Place, causing some traffic disruptions. On March 28, 2006, seven clergy members were arrested for their participation in a supportive rally that briefly interfered with traffic on U.S. Route 1.
In an effort to further increase pressure on UNICCO and the university to agree to a card-check vote on unionization, a group of approximately 19 UM students from STAND and clergy held a sit-in in the Ashe Administrative Building on March 28, 2006. Participants in the sit-in criticized the university for turning off electricity to the building at 5 p.m. and denying them access to water and restrooms during the sit-in. After 13 hours, the sit-in was called to an end by its organizers after the university issued a statement reiterating its position that its contracted workers have a right to unionize and that its contractors must obey U.S. labor and other laws.
In an April 12, 2006 open letter to the university community, Shalala suggested that a large number of the protesters on April 11 and 12 were organized by the Service Employees International Union
(SEIU) and were unaffiliated with the university.
In mid-April, UM students, several of whom had been hunger-striking, began camping out in front of the Ashe Administration Building, stating that they would remain there until President Shalala made an unambiguous statement of neutrality regarding the unionization process. These students, along with other staff and faculty members, alleged that lawn sprinklers were turned on continuously for several days and nights, presumably to inconvenience the protest. The group ceased this protest on April 26, 2006, in response to President Shalala's letter to the university community stating that the university had no objection to unionization.
and Jewish faiths supported the striking workers, and some fasted with them.
The group camped out under the Coral Gables/University of Miami stop of Miami's Metrorail across from the main gate of the UM campus. This hunger strike camp became a center of strike activity and continued until the strike's May 1, 2006 cessation.
SEIU representatives asked for amnesty for the students as part of the negotiated settlement on May 1, but were told the request was non-negotiable. When the students appeared before the Dean, each of them represented by a lawyer working pro bono
, they were advised that the charges related to violations of university rules on disorderly conduct and failure to comply with the university’s requests or orders. They were also allegedly asked to identify pictures of themselves or others in pictures of demonstrations, which violates the university's published rules of procedure. On the advice of their attorneys, the students reportedly refused to respond to the questioning. In mid-May, attorneys representing the students asked for a meeting with Shalala, but their request was denied and they were instead referred to a private law firm retained by the university.
In late May 2006, the charges were relegated to the "minor" category. One effect of this change is that students now do not have the right to involve attorneys in their meetings with academic deans. A number of students have requested that their hearings be postponed until Fall 2006, when their cases would be heard by a Dean, a faculty member, and students. In the summer, only a Dean would be present to hear their cases. So far, all such requests have been denied. Some faculty and community members are concerned that a Dean could act alone as investigator, judge, and jury. In mid-June 2006, some students learned that they were also being charged with improper distribution of literature.
Janitor
A janitor or custodian is a professional who takes care of buildings, such as hospitals and schools. Janitors are responsible primarily for cleaning, and often some maintenance and security...
at the University of Miami
University of Miami
The University of Miami is a private, non-sectarian university founded in 1925 with its main campus in Coral Gables, Florida, a medical campus in Miami city proper at Civic Center, and an oceanographic research facility on Virginia Key., the university currently enrolls 15,629 students in 12...
in Coral Gables, Florida
Coral Gables, Florida
Coral Gables is a city in Miami-Dade County, Florida, southwest of Downtown Miami, in the United States. The city is home to the University of Miami....
, in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. The strike began on February 28, 2006 and ended on May 1, 2006.
Vote to strike
On February 26, 2006, custodial workers at the University of Miami, who are contracted to the university by a Boston, Massachusetts-based company, UNICCO, voted to strike. The strike began on the evening of February 28, 2006. The vote to strike was based on allegations of unfair labor practiceUnfair labor practice
In United States labor law, the term unfair labor practice refers to certain actions taken by employers or unions that violate the National Labor Relations Act and other legislation...
s. Concerns were also raised about substandard pay, lack of health benefits, and workplace safety
Workplace safety
Workplace safety & health is a category of management responsibility in places of employment.To ensure the safety and health of workers, managers establish a focus on safety that can include elements such as:* management leadership and commitment...
.
Pay
The striking workers' claim of substandard wages was claimed to be substantiated by a 2001 census of 195 colleges conducted by The Chronicle of Higher Education, which found UM's custodial workers to be the second lowest in pay and UM to be one of only 12 universities among the 195 surveyed whose custodial workers' wages did not exceed the federal poverty line.On March 20, 2006, in response to pressure from student and community groups supporting the strike and on advice of a task force, UM President Donna Shalala
Donna Shalala
Donna Edna Shalala served for eight years as Secretary of Health and Human Services under President Bill Clinton and has been president of the University of Miami, a private university in Coral Gables, Florida, since 2001. She was awarded the Presidential Medal of Freedom, the nation's highest...
announced that the university was planning to make changes to contract workers' wages and benefits, including:
- Increasing the minimum wage for all outside contractors to $8.00 per hour. Housekeepers saw an increase from a minimum of $6.40 to $8.55 an hour and groundskeepers were increased from a minimum of $6.40 to $9.30 an hour.
- Requiring outside contractors to recognize length of employment in salary increases; and
- Requiring outside contractors to provide affordable healthcare coverage to all employees.
UNICCO and workplace safety
In the vote to strike, concerns also were raised about workplace safety at UM.Concerns also were raised about UNICCO's track record with workplace safety at other job sites. For instance, the U.S. Department of Labor's Occupational Safety and Health Administration
Occupational Safety and Health Administration
The United States Occupational Safety and Health Administration is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970...
(OSHA) cited UNICCO for "alleged willful and repeat violations of safety standards following a June 8, 2005 accident at the New England Executive Park in Burlington, Massachusetts
Burlington, Massachusetts
Burlington is a town in Middlesex County, Massachusetts, United States. The population was 24,498 at the 2010 census.- History :It is believed that Burlington takes its name from the English town of Bridlington, however this has never been confirmed....
, that killed one worker and severely injured another." Following the incident, OSHA fined UNICCO $152,000.
Additionally, the National Council on Occupational Safety and Health (National COSH) released a report on April 28, 2006 listing twelve companies—which they labeled a "dirty dozen"-- whose disregard for their employees’ safety and health has had tragic consequences for workers and their families. COSH listed UNICCO among the 12.
Worker participation in strike
According to at least one university estimate , 75% of custodial workers, as of April 12, 2006, were continuing to work during the strike.Card checkCard checkCard check is a method for American employees to organize into a labor union in which a majority of employees in a bargaining unit sign authorization forms, or "cards," stating they wish to be represented by the union...
vs. secret ballot
A central issue in the strike was whether the custodial workers could unionize by signing pledge cards, as advocated by SEIU and the striking workers, or whether, as UNICCO supported until May 1, 2006, such a vote should be held secretly and run by the National Labor Relations BoardNational Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
. UNICCO and other supporters of a secret ballot argued that a secret ballot was preferable because it protected voting workers from intimidation and harassment. Both methods of unionization
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
, however, are allowed under U.S. law.
UNICCO wanted the decision made by a National Labor Relations Board election, in which a majority of voting workers would determine the outcome. Since no one is required to vote in an NLRB election a decision to unionize or not could be determined by a minority of workers. Striking workers and the SEIU, on the other hand, advocated a public (not secret ballot) card-check process that would result in a union only if a majority of all the workers employed by UNICCO signed cards indicating that they wanted a union. According to the SEIU, 56% of the workers signed non-binding pledge cards expressing their intention to join the union.
UNICCO representatives generated the slogan "Let 'em vote" to support an NLRB-election. UM faculty generated the slogan "Let 'em choose," and the workers generated the slogan "Let us choose" to support card check as the method of unionization.
Demonstration and sit-ins
On March 3, 2006, a demonstration supportive of the striking workers organized by the student group STAND (Students Towards A New Democracy) drew approximately 600 students, faculty, workers, and other supporters. The demonstration began on campus and then crossed U.S. 1U.S. Route 1 in Florida
U.S. Route 1 in Florida runs along the state's east coast from Key West to its crossing of the St. Marys River into Georgia north of Boulogne, and south of Folkston. US 1 was designated through Florida when the U.S. Highway System was established in 1926.US 1 runs in the state of Florida, and...
, a South Florida freeway adjacent to the university, to Sunset Place, causing some traffic disruptions. On March 28, 2006, seven clergy members were arrested for their participation in a supportive rally that briefly interfered with traffic on U.S. Route 1.
In an effort to further increase pressure on UNICCO and the university to agree to a card-check vote on unionization, a group of approximately 19 UM students from STAND and clergy held a sit-in in the Ashe Administrative Building on March 28, 2006. Participants in the sit-in criticized the university for turning off electricity to the building at 5 p.m. and denying them access to water and restrooms during the sit-in. After 13 hours, the sit-in was called to an end by its organizers after the university issued a statement reiterating its position that its contracted workers have a right to unionize and that its contractors must obey U.S. labor and other laws.
In an April 12, 2006 open letter to the university community, Shalala suggested that a large number of the protesters on April 11 and 12 were organized by the Service Employees International Union
Service Employees International Union
Service Employees International Union is a labor union representing about 1.8 million workers in over 100 occupations in the United States , and Canada...
(SEIU) and were unaffiliated with the university.
In mid-April, UM students, several of whom had been hunger-striking, began camping out in front of the Ashe Administration Building, stating that they would remain there until President Shalala made an unambiguous statement of neutrality regarding the unionization process. These students, along with other staff and faculty members, alleged that lawn sprinklers were turned on continuously for several days and nights, presumably to inconvenience the protest. The group ceased this protest on April 26, 2006, in response to President Shalala's letter to the university community stating that the university had no objection to unionization.
Hunger strike
On April 5, 2006, a group of custodial workers and UM students from STAND began a hunger strike in support of the striking workers. After 18 days, Andy Stern of the SEIU urged the workers to cease their hunger strike and allow others to take their places. Along with other students, faculty, and community members, Stern also participated in a hunger strike. Several clergy of Roman Catholic, ProtestantProtestantism
Protestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...
and Jewish faiths supported the striking workers, and some fasted with them.
The group camped out under the Coral Gables/University of Miami stop of Miami's Metrorail across from the main gate of the UM campus. This hunger strike camp became a center of strike activity and continued until the strike's May 1, 2006 cessation.
University administration responses
Once the strike began, the administration several times affirmed the right of the custodial workers to unionize. But it maintained that the university should and would remain neutral regarding the voting process on unionization. Several communications from the UM administration, however, seemed to side with UNICCO in displaying a preference for elections over card checks:- One example is Shalala's letter of April 12, 2006, which stated: "These outside protesters and the SEIU want union recognition without a single ballot cast by any UNICCO workers who would be affected." UM faculty responded that with a card check system, any worker not signing a card is counted as a vote against the union, and they argued that the card check was the most representative system for the workers who would be affected by the outcome. SEIU reported that an estimated 57% of workers had signed membership cards, suggesting that support for unionization existed.
- A second example was four full-page ads (costing $55,000 each, for a total of $220,000) placed by UM in The Miami HeraldThe Miami HeraldThe Miami Herald is a daily newspaper owned by The McClatchy Company headquartered on Biscayne Bay in the Omni district of Downtown Miami, Florida, United States...
during the last week of April, 2006 that claimed that SEIU "doesn't want [the workers] to vote" and that the union is "against freedom and democracy." UM faculty responded that the advertisements contradicted the UM administration's claim of neutrality on how a union vote should be cast.
University government responses
The strike was the subject of six motions by several university governmental bodies.- The College of Arts and Sciences, on February 28, 2006, unanimously passed a motion that UM should only employ contractors that provide a living wageLiving wageIn public policy, a living wage is the minimum hourly income necessary for a worker to meet basic needs . These needs include shelter and other incidentals such as clothing and nutrition...
, health benefits, and a fair workplace. - The UM Student Government, on March 1, 2006, passed a resolution that, "whereas the university contractor UNICCO has been accused by the National Labor Relations Board of engaging in unfair labor practices," UM should employ only contractors that provide a living wage and health benefits, and engage in fair labor practices.
- The Graduate Student Association Senate, on March 2, 2006, passed a similar resolution, urging UM to rethink its hiring practices).
- On or around March 2, 2006, the Graduate Students of the School of Law passed a similar resolution.
- The Faculty Senate, on March 28, 2006, unanimously passed a resolution that urged UM to stipulate that its contractors provide a living wage, health insurance, and a fair workplace. The resolution further stated that should UNICCO's contract not be renewed by UM, that the successful bidder be required to agree to hire those workers currently employed by UNICCO at UM.
- The UM Student Government, on April 19, 2006, passed a resolution "strongly" disapproving of recent campus disruptions by several pro-strike organizations (ACORN, JWJ, SEIU, and STAND) and called for them to end these disruptions immediately. The alleged actions by these groups during the strike included harassing UM students, disrupting a UM class taught by Shalala, trespassing on private property, and "vandalizing the back entrance of the Ashe Building with graffitiGraffitiGraffiti is the name for images or lettering scratched, scrawled, painted or marked in any manner on property....
".
National attention
The UM custodial strike attracted national attention, including visits by several out-of-town political and labor leaders in support of the strike:- On April 22, 2006, Cambridge, MassachusettsCambridge, MassachusettsCambridge is a city in Middlesex County, Massachusetts, United States, in the Greater Boston area. It was named in honor of the University of Cambridge in England, an important center of the Puritan theology embraced by the town's founders. Cambridge is home to two of the world's most prominent...
City Council Member Marjorie Decker visited the strikers. UNICCO has many contracts with institutions in Cambridge, where Harvard University is located, and Harvard University students and workers previously launched a similar campaign against UNICCO, calling for higher wages and benefits for Harvard's UNICCO employees. Following her visit to UM, Decker returned to Cambridge and placed this item on the agenda for the Cambridge City Council meeting of April 24, 2006, urging that Cambridge "go on record urging the Harvard University Presidential Search Committee, when choosing the next leader of Harvard University, to consider candidates’ record of support for living wages, workplace health and safety, and workers’ right to organize."
- On April 25, 2006, a press conference at UM's "Strike Sanctuary" featured Eliseo Medina, SEIU's Vice President, James P. HoffaJames P. HoffaJames Phillip Hoffa is an attorney and labor leader and the General President of the International Brotherhood of Teamsters. Hoffa was first elected during December 1998 and took office on March 19, 1999...
, Jr., TeamstersTeamstersThe International Brotherhood of Teamsters is a labor union in the United States and Canada. Formed in 1903 by the merger of several local and regional locals of teamsters, the union now represents a diverse membership of blue-collar and professional workers in both the public and private sectors....
' President, Charles Steele, Southern Christian Leadership ConferenceSouthern Christian Leadership ConferenceThe Southern Christian Leadership Conference is an African-American civil rights organization. SCLC was closely associated with its first president, Dr. Martin Luther King, Jr...
President, and former U.S. Senator and Vice Presidential candidate John EdwardsJohn EdwardsJohnny Reid "John" Edwards is an American politician, who served as a U.S. Senator from North Carolina. He was the Democratic nominee for Vice President in 2004, and was a candidate for the Democratic presidential nomination in 2004 and 2008.He defeated incumbent Republican Lauch Faircloth in...
, all of whom expressed support for the objectives of the strike and specifically for the legitimacy of a card check voting process. Edwards stated: "If a Republican can join the Republican party by signing a card, then a worker should be able to join a union by signing a card."
- In early 2007, Mad Ones Productions completed a documentary, Sí Se Puede, which followed the custodial workers' strike from November 2005 to its resolution in May 2006. A work in progress cut won the "Best Documentary" award at Canesfest 2006, the University of Miami's annual film festival.
Miami Herald coverage of strike
- On April 26, 2006, Ana MenèndezAna Menéndez-Early life:Menéndez was born to Cuban exile parents who fled to Los Angeles, California in 1964. Menéndez's parents expected to return to Cuba at any time and prepared their children for this eventuality. As a result, Menéndez spoke only Spanish until she enrolled in kindergarten. The family...
, a columnist for The Miami HeraldThe Miami HeraldThe Miami Herald is a daily newspaper owned by The McClatchy Company headquartered on Biscayne Bay in the Omni district of Downtown Miami, Florida, United States...
, reported that 16 student activists were being called before the university administration on disciplinary charges that could result in their suspension or expulsion. They are accused of disorderly conduct. But the charges are listed as major and in the same category as rapeRapeRape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
, according to one student quoted in the article.
- On April 27, 2006, a Miami Herald editorial supported UNICCO's position on how a vote on unionization should take place, claiming that "the best way to get an accurate and fair determination of what the workers want is through a secret ballot administered by the National Labor Relations Board".
Resolution of strike
On May 1, 2006, it was announced that UNICCO and the SEIU had reached an agreement that an independent third party would determine whether a supermajority of workers, defined as 60%, wish to unionize. The agreement establishes a code of conduct governing how both the employer and the union will interact with the workers during the process. Both sides agreed not to interfere with the workers' decision on whether or not to form a union. Provisions included:- A neutral, independent organization, the American Arbitration Association (AAA), was selected to verify the voting results to determine whether or not a supermajority of UNICCO custodians at UM wish to form a union.
- Under the agreement, if AAA independently verified that a supermajority of 60% of the custodians working for UNICCO have signed cards saying they want to form a union with SEIU, UNICCO agreed to recognize (on the very same day) SEIU as the custodians' union.
- Custodians have until August 1, 2006 to demonstrate a supermajority.
- The agreement covered 410 custodians working for UNICCO on the UM campus and that of UM's Jackson Memorial Hospital.
- The striking custodians would return to work Wednesday, May 3, 2006.
- Zoila Mursuli, a custodian union leader who had been fired by UNICCO, would be reinstated immediately. She was provided back pay for the weeks after she was fired before her co-workers went on strike.
Card count outcome
On June 15, 2006 at noon at the campus Episcopal Church (the former "strike sanctuary"), the results of the card count were announced: the AAA determined that more than a supermajority of UM UNICCO employees (290 out of 385 votes, or 75 percent) had signed cards asking the SEIU to represent them. This represents the first union presence in UM's history.Disciplinary charges against students
Since the last week of April 2006, approximately 20 University of Miami students allegedly involved in pro-union activities received official notices to appear before a university Dean on charges that they were being investigated for “major violations”, a typical charge for sexual assault violations, which could possibly lead to their suspension or expulsion.SEIU representatives asked for amnesty for the students as part of the negotiated settlement on May 1, but were told the request was non-negotiable. When the students appeared before the Dean, each of them represented by a lawyer working pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
, they were advised that the charges related to violations of university rules on disorderly conduct and failure to comply with the university’s requests or orders. They were also allegedly asked to identify pictures of themselves or others in pictures of demonstrations, which violates the university's published rules of procedure. On the advice of their attorneys, the students reportedly refused to respond to the questioning. In mid-May, attorneys representing the students asked for a meeting with Shalala, but their request was denied and they were instead referred to a private law firm retained by the university.
In late May 2006, the charges were relegated to the "minor" category. One effect of this change is that students now do not have the right to involve attorneys in their meetings with academic deans. A number of students have requested that their hearings be postponed until Fall 2006, when their cases would be heard by a Dean, a faculty member, and students. In the summer, only a Dean would be present to hear their cases. So far, all such requests have been denied. Some faculty and community members are concerned that a Dean could act alone as investigator, judge, and jury. In mid-June 2006, some students learned that they were also being charged with improper distribution of literature.
See also
- Nova Southeastern University 2006 Workers Unionization ControversyNova Southeastern University 2006 Workers Unionization ControversySee also University of Miami 2006 custodial workers' strike.More than 350 groundskeepers, janitors, bus drivers, and maintenance workers employed by UNICCO, a subcontractor at Nova Southeastern University, voted on October 4, 2006 to form a union with the SEIU. Most of these workers are minorities;...
.
External links
- University of Miami Faculty Blog, covering UM labor issues (comments enabled).
- UNICCO Blog, covering UM labor issues (comments disabled).
- Students Toward A New Democracy Official Web Site (a pro-labor UM student organization).
- mad ones productions Producers of Sí Se Puede documentary.