On 14 October 2010 Clark Sodexo workers went on strike in demand that their right to unionization be recognized. Clark Sodexo workers were initially presented the possibility of unionization by the Service Employees International Union Local 615 during the winter of 2009-2010. Since then much worker activism has culminated in workers going on strike. Clark workers are demanding a fair and expedient means to unionization, including card check, better wages and health care, and respect on the job.
New England Cable News Coverage.
Telegram and Gazette Coverage
In response Clark workers were given the following letter with their paycheck by General Manager Stu Gerhardt:
We have heard that the SEIU may be calling for an employee strike on other job action sometime later this week. This would follow the unions activity from last Thursday, October 14th, where the union convinced a number of you to engage in a work stoppage by not showing up for work on that date. As you know we have an obligation to Clark University and its students to provide good and valuable service. We cannot miss a day. As a result, we want every employee to come to work as scheduled and work with us to find other solutions to problems that may exist.
Sodexo recognizes that you have the right to engage in protexted activity under the labor laws. We will not interfere with those rights.
However, the law also places limits on the rights of employees to engage in frequent or intermittent strikes and says that employees who engage in intermittent strikes in violation of the rules can lose the protection of the labor laws.
We value each and ever one of you. If you want to talk about these matters. please ask your supervisor or me, and we will follow the unions directions as to what to do, please be sure the union has checked out the law and knows what it is talking about.
===============================
Even though Stu knew that SEIU had no plans for another strike in the immediate future, he found it necessary to threaten employees so as to keep them from building confidence and solidarity in the workplace. If Sodexo did respect food service workers, they would not be engaged in an agressive anti-union campaign that has involved forced audience anti-union presentations, surveillance of workers' meetings, illegal lies about the union, and discriminatorily disciplining pro-union employees.
Clark food service workers continue to fight for a union because collective bargaining is the only means to hold management accountable. It is common practice for employers to give a few more vocal employees a raise or promotion during times of union activism, only to take away those benefits when the threat of the union is gone.
Friday, November 5, 2010
Thursday, October 14, 2010
Letter to President Angel 10/13/2010
President Angel,
As you may or may not be aware, Sodexo employees on Clark’s campus announced this morning that they will be striking in the near future and demanding Sodexo’s recognition of a card-check election process, better wages and benefits, and more respect from management, among other things. This event represents a steady progression of unresolved and largely unaddressed issues faced by workers on campus that became public last winter but began long before.
Workers’ problems relating to wages (eg. making less than $10 after more than ten years at Clark even when new hires make $12), benefits (eg. one third of a paycheck going to employer-provided health-care),scheduling (eg. cashiers’ hours being cut while new hires arrive), respect from management (eg. being loudly scolded in front of students and co-workers for a minor error), and favoritism (eg. wage discrepancies for people doing the same job and an all-white management team) have been further compounded by Sodexo’s intimidation and manipulation of workers, particularly pro-union ones (eg. interrupting union meetings, telling workers voting for a union is “signing yourself away” and that they will have to pay for their shoes after getting a union contract). Furthermore, Sodexo has a well-documented history of anti-union policies and tactics (see article: “A Strange Case”, published by Human Rights Watch), as well as an easily observable practice of offering the cheapest contracts due to lower wages and benefits. These problems are ongoing, real, and serious on campus, and so far, save for a guarantee of fall rehire and a letter not even originally intended for any Sodexo employees, nothing public and concrete has been done by Clark to address them.
It has been nearly eight months since these issues were drawn to your attention and a clear set of requests were first brought to you by the Clark Community (refer to Clark UNITE!’s letter of 2/22/10, corresponding student and faculty petitions, and a Labor Code of Conduct). As members of this community, with many of us financing Sodexo’s operations on campus, we are firmly requesting that you immediately take the following steps towards resolutely supporting and ensuring labor rights and dignity for all campus workers, outsourced or not.
1.) Publicly demand that Sodexo, as your subcontractor, accept whatever method of unionization its employees democratically choose, as stipulated in the Labor Code of Conduct.
2.) Organize a meeting between non-management employees working on Clark’s campus, students, faculty and the Clark Administration and Clark’s legal adviser or lawyer to finalize and implement a Labor Code of Conduct within 2 weeks. The meeting should be open to the rest of the Clark Community (see attached contract language regarding labor standards as a supplement to the Labor Code of Conduct topics).
3.) Involve the Clark students and faculty in discussions pertaining to contracts with private firms. Ensure the transparency and accountability of Clark University’s contracts with private firms (including financial information) by making contract-related information open to the public. No serious discussions about where our money is going or how to regulate outsourced operations can take place without knowledge of contract terms and language. In addition, Clark should follow the method of social auditing as used by socially responsible enterprises around the world and audit Sodexo.
4.) The position of a Campus Ombudsman or an equivalent third party committee must be created and institutionalized through policy in order to ensure that issues between employees and their bosses, be they Clark, Sodexo, or employees of another organization, are addressed through an avenue and process run by a third party professional yet empowered by the Clark Administration (see the letter Requesting the Appointment of an Ombudsman). Contracts should be evaluated by the Ombudsman.
5.) Halt any process of creating a policy limiting protesting and free speech on campus. If threatened with sanctions for demonstrating peacefully, we will immediately contact both the media and American Civil Liberties Union.
We expect that your actions will reflect the urgency felt by those workers who have made the serious choice to strike, as well as the urgency of any other situation dealing with human rights violations. Workers now feel that their best path involves putting their livelihoods on the line, and it is our clear duty, as members of the community, to respect their legitimate grievances and push all the more firmly for a real, equitable solution.
We hope to hear a response from you or a representative by the end of Monday the 18th of October, 2010.
Thank you for your time,
Clark Unite!
As you may or may not be aware, Sodexo employees on Clark’s campus announced this morning that they will be striking in the near future and demanding Sodexo’s recognition of a card-check election process, better wages and benefits, and more respect from management, among other things. This event represents a steady progression of unresolved and largely unaddressed issues faced by workers on campus that became public last winter but began long before.
Workers’ problems relating to wages (eg. making less than $10 after more than ten years at Clark even when new hires make $12), benefits (eg. one third of a paycheck going to employer-provided health-care),scheduling (eg. cashiers’ hours being cut while new hires arrive), respect from management (eg. being loudly scolded in front of students and co-workers for a minor error), and favoritism (eg. wage discrepancies for people doing the same job and an all-white management team) have been further compounded by Sodexo’s intimidation and manipulation of workers, particularly pro-union ones (eg. interrupting union meetings, telling workers voting for a union is “signing yourself away” and that they will have to pay for their shoes after getting a union contract). Furthermore, Sodexo has a well-documented history of anti-union policies and tactics (see article: “A Strange Case”, published by Human Rights Watch), as well as an easily observable practice of offering the cheapest contracts due to lower wages and benefits. These problems are ongoing, real, and serious on campus, and so far, save for a guarantee of fall rehire and a letter not even originally intended for any Sodexo employees, nothing public and concrete has been done by Clark to address them.
It has been nearly eight months since these issues were drawn to your attention and a clear set of requests were first brought to you by the Clark Community (refer to Clark UNITE!’s letter of 2/22/10, corresponding student and faculty petitions, and a Labor Code of Conduct). As members of this community, with many of us financing Sodexo’s operations on campus, we are firmly requesting that you immediately take the following steps towards resolutely supporting and ensuring labor rights and dignity for all campus workers, outsourced or not.
1.) Publicly demand that Sodexo, as your subcontractor, accept whatever method of unionization its employees democratically choose, as stipulated in the Labor Code of Conduct.
2.) Organize a meeting between non-management employees working on Clark’s campus, students, faculty and the Clark Administration and Clark’s legal adviser or lawyer to finalize and implement a Labor Code of Conduct within 2 weeks. The meeting should be open to the rest of the Clark Community (see attached contract language regarding labor standards as a supplement to the Labor Code of Conduct topics).
3.) Involve the Clark students and faculty in discussions pertaining to contracts with private firms. Ensure the transparency and accountability of Clark University’s contracts with private firms (including financial information) by making contract-related information open to the public. No serious discussions about where our money is going or how to regulate outsourced operations can take place without knowledge of contract terms and language. In addition, Clark should follow the method of social auditing as used by socially responsible enterprises around the world and audit Sodexo.
4.) The position of a Campus Ombudsman or an equivalent third party committee must be created and institutionalized through policy in order to ensure that issues between employees and their bosses, be they Clark, Sodexo, or employees of another organization, are addressed through an avenue and process run by a third party professional yet empowered by the Clark Administration (see the letter Requesting the Appointment of an Ombudsman). Contracts should be evaluated by the Ombudsman.
5.) Halt any process of creating a policy limiting protesting and free speech on campus. If threatened with sanctions for demonstrating peacefully, we will immediately contact both the media and American Civil Liberties Union.
We expect that your actions will reflect the urgency felt by those workers who have made the serious choice to strike, as well as the urgency of any other situation dealing with human rights violations. Workers now feel that their best path involves putting their livelihoods on the line, and it is our clear duty, as members of the community, to respect their legitimate grievances and push all the more firmly for a real, equitable solution.
We hope to hear a response from you or a representative by the end of Monday the 18th of October, 2010.
Thank you for your time,
Clark Unite!
Sunday, October 10, 2010
Clark Workers Speak Out
Pablo Rivera: Utilities
“I have been working for Sodexo six days a week since January 23, 2010. This semester I was forced to quit because I started as a student at Clark’s COPACE program. I told my boss last year that I was going to start taking classes this fall and that my classes might interfere with my work schedule. Even though I told my boss ahead of time I was not given the chance to work around my hours for the two days I have classes. Instead I was forced to choose between getting an education or continuing working the same schedule. As a member of the Clark community I support the union because it gives workers who are having issues and problems in their jobs a chance to talk about it and take action all together. It is more successful when all of us come together instead of fighting individually.”
Trevor Delaparra: Cook
“I am in support for a union because I want for all of us to have access to affordable healthcare and better wages.”
William McNamara: Dishwasher
“I have worked at Clark for 14 years, but last spring I was laid off for the entire semester. Sodexo said that they had to lay me off because there was a lack of work, even though I came to know they hired new workers. I was hired back this year for only two days a week. I currently make only $10 an hour after having work here for more than 14 years. I support the union because I want the workers to have a voice in the workplace. I also think it would help the students and the workers to unite.”A Global Campaign
Sodexo Workers across United States and around the world are facing the same issues and even more severe right violations and lower working standards by working for this company. SEIU has fostered a national campaign in order to sign a global agreement with Sodexo, in which sodexo workers are able to unionize through the recognition of card check, negotiate strong regional contracts, and improve the working standards of the multi-service industry.
From cafeterias in U.S. universities to remote coal mines in Colombia—in country after country—Sodexo pays wages that are too low to support families – a mere $230 a month in the Dominican Republic and Colombia.
“I was dragged inside of the machine, my smock choking me around the neck. One more minute and I would have been dead. When my co-workers were finally able to pull me out of the vat, I was no longer breathing.” Blanca Bustos, Sodexo worker at the National Chocolate Co., Bogota
When Blanca tried to improve her working conditions by joining a union, Sodexo cancelled her contract.
“I told management that the main reason for our strike was wages, and I was told that for me at least—for me in particular— I was not getting a raise. I was called to the office, and they fired me. They are the ones who are committing injustice. They know the laws of this country, and they don’t respect them.” Carin Mieses, Sodexo Worker, Dominican Republic.Who is Sodexo?: A Company Profile
Sodexo is a multi-service company that subcontracts work in food service, laundry service, security, and janitors in schools and corporate buildings. They've even dipped their fingers in the prison industrial complex, meaning that they operate private for-profit prisons contracted out with local governments, in Chile, Australia, the UK, and several other EU member nations. Sodexo is huge; they're the 22nd largest employer in the world with over 380,000 employees. As of 2009 Sodexo had a revenue of 20 billion, making them number 437 of the Fortune 500. Because of their size, and the nature of the industries they work in, Sodexo made a billion dollars in profit in 2008, despite the global recession.
In France, Sodexo is the 2nd largest employer after the French government. Sodexo workers in France are all unionized, get 1 month of vacation, and paid sick days. That's a stark difference compared to Sodexo workers in America. For Sodexo workers in Massachusetts, the average wage is $10.16/hr. Because of this, nine out of ten Sodexo workers in Massachusetts qualify for public assistance such as food stamps, WIC, and/or fuel assistance. Furthermore, since US labor law is very weak, Sodexo's workers' right to organize is not respected despite Sodexo's official lip service.
Sodexo has a record of union-busting. In 1998 a manual was leaked ot the International Hotel Employees and Restaurant Employees Union (HERE) titled, "Progressive approach to Labor: Union Avoidance," which prescribed threatening employees considering strike that they would be fired for doing so. More recently Human Rights Watch (HRW) released a report which documented widespread anti-union captive audience meetings in the USA. In one case in a laundry facility in Phoenix Arizona, after a majority of workers petitioned the NLRB for a union election, Sodexo held many captive audience meetings filled with threats. When several workers from the same shop held a demonstration in favor of unionization, four of them were fired. The report documents managers using the threat of termination of employment if workers cannot, "work as a team." Finally among other abuse, the report documents how during a training management was advised to tell workers:
As Sodexo workers across the U.S. continue their efforts to form a union in order to win fair and safe working conditions, respect and dignity on the job, and a voice with their employer to create stable, good jobs, HRW's report asserts that Sodexo has threatened, interrogated and fired workers who tried to form a union.
The official stance of the company is that "Sodexo recognizes and respects the rights of our employees to unionize, or not to unionize, as they choose." But as this evidence shows, the anti-union campaign that has been going on at Clark is part of a company wide violation of labor rights. This past spring of 2010, after the SEIU started organizing Clark workers Sodexo had two higher ups from corporate come in and lead a anti-union meeting that workers were told was a mandatory training. During this meeting workers were told that if they signed anything for the union they would be "signing themselves away" and also that workers would be "earning less under a union contract." Both of these lies are protected against under labor law. Clark allowed Sodexo to use Clark premises and even our Media Services to conduct that meeting.
In France, Sodexo is the 2nd largest employer after the French government. Sodexo workers in France are all unionized, get 1 month of vacation, and paid sick days. That's a stark difference compared to Sodexo workers in America. For Sodexo workers in Massachusetts, the average wage is $10.16/hr. Because of this, nine out of ten Sodexo workers in Massachusetts qualify for public assistance such as food stamps, WIC, and/or fuel assistance. Furthermore, since US labor law is very weak, Sodexo's workers' right to organize is not respected despite Sodexo's official lip service.
Sodexo has a record of union-busting. In 1998 a manual was leaked ot the International Hotel Employees and Restaurant Employees Union (HERE) titled, "Progressive approach to Labor: Union Avoidance," which prescribed threatening employees considering strike that they would be fired for doing so. More recently Human Rights Watch (HRW) released a report which documented widespread anti-union captive audience meetings in the USA. In one case in a laundry facility in Phoenix Arizona, after a majority of workers petitioned the NLRB for a union election, Sodexo held many captive audience meetings filled with threats. When several workers from the same shop held a demonstration in favor of unionization, four of them were fired. The report documents managers using the threat of termination of employment if workers cannot, "work as a team." Finally among other abuse, the report documents how during a training management was advised to tell workers:
- The union is allowed to make promises because it doesn't pay your wages. The union's promises are meaningless.
- There are some people who, for their own selfish reasons, have been putting a lot of pressure on many of you…. [T]hese people would manipulate things for their own ends.
- A union is not concerned about job security. It cares only about its security, which means your dues in the union's pocket.
- If you read the newspapers and watch the news, you know how many represented companies have closed their doors in this state and all over the country…. Nearly every labor union contract contains language that provides for the potential of layoffs.
- The company has the legal right to conduct its business and hire permanent economic replacements for every striker…. the company would do what it had to do to ensure business continuity in the event of a strike.
- You may want to ask yourself why some people have been promoting a strike when they know that employees risk being permanently replaced. Ask yourself what they have to gain.
- Tell employees that union representatives are manipulators who make meaningless promises and care only about collecting dues. This implicitly brands workers who support the union as dupes or collaborators.
- tell employees "you know how many represented companies have closed their doors in this state and all over the country." This implicitly warns workers that their jobs are at risk if they form a union.
- Sodexo advised managers to tell employees that the company can hire permanent replacements and "would do what it had to do" in the event of a strike, a statement permitted under US labor law, but fraught with menace and contrary to international standards.
As Sodexo workers across the U.S. continue their efforts to form a union in order to win fair and safe working conditions, respect and dignity on the job, and a voice with their employer to create stable, good jobs, HRW's report asserts that Sodexo has threatened, interrogated and fired workers who tried to form a union.
The official stance of the company is that "Sodexo recognizes and respects the rights of our employees to unionize, or not to unionize, as they choose." But as this evidence shows, the anti-union campaign that has been going on at Clark is part of a company wide violation of labor rights. This past spring of 2010, after the SEIU started organizing Clark workers Sodexo had two higher ups from corporate come in and lead a anti-union meeting that workers were told was a mandatory training. During this meeting workers were told that if they signed anything for the union they would be "signing themselves away" and also that workers would be "earning less under a union contract." Both of these lies are protected against under labor law. Clark allowed Sodexo to use Clark premises and even our Media Services to conduct that meeting.
Saturday, April 17, 2010
Thursday, April 15, 2010
The Right to Organize at Clark - One step Closer to Being Real!
Dear Clark Community,
Thank you to everyone who took a stand of solidarity with Sodexo workers. Today, we are thrilled to tell the Clark community that Sodexo workers on campus may no longer feel that they have to choose between voicing support for a union, or losing hours, a raise, or even a job.
Next week, Sodexo will notify its employees that all employees who are scheduled and working during the Spring 2010 semester, through May 23rd, will be rehired for the Fall 2010 semester. The fall schedules will be subject to Clark's enrollment being at or very close to this year's level, and the wording of this statement is being finalized now. Now workers know that they will get their jobs back.
Also, starting today, Sodexo will be distributing to its employees copies of President Bassett's statement to the Clark University Community dated April 6th 2010. This memo states that "no workers on the University campus will be subjected to harassment because of their membership or non-membership in a labor union or their activity in support of or derogation of union representation". This is a huge step toward ensuring the right to organize, and a victory for fair treatment of all workers.
The Clark administration has also agreed to a moderated dialogue regarding the Labor Code of Conduct, which would create a policy ensuring that all employees at Clark receive fair treatment and wages. And lastly, Clark has committed to finding an appropriate process for workers to communicate with the Clark administration about grievances they cannot bring to Sodexo management.
The fight is far from over. We know now that workers will keep their jobs, but there are no guarantees that they won't face hours being cut, intimidation, or other reprisals. We need to make sure Clark University adopts a Labor Code of Conduct which is meaningful and just, so that workers still have protection after they are re-hired in the fall. And, once they are rehired, we need to work to ensure that Sodexo remains neutral in workers' choice to unionize.
This has been a long and difficult process that has resulted in valuable lessons for Clark Unite! as a campus organizing group. We understand there are concerns with our past actions, and we do not take them lightly. We encourage your input. We can be reached at clark.unite.solidarity@gmail.
Now it is time to raise awareness about Clark's support and to keep the pressure on Sodexo by supporting workers at the Crystal Pond Park rally this Saturday April 17th at 11 am. The rally will be an opportunity to show Sodexo workers and Clark University that we are grateful for this huge step, but that we will stand behind all of the workers as they make demands for a just workplace. The workers and students will always be united.
In Solidarity,
Clark Unite!
Subscribe to:
Posts (Atom)