Category Archives: U.Miami: Strike’06

Coverage of UM Strike Settlement

Some links. NY Times: Walkout Ends at University of Miami as Janitors’ Pact Is Reached; Miami Herald, UM janitors end 2-month strike.

Nathan Newman, Miami Janitors Win:

With no help from Donna Shalala, the strikers at University of Miami won their crucial demand yesterday– the right to card check recognition for their union from the university contractor, Unicco Service Company. Part of the agreement was that the union would have to sign up 60% of employees to gain recognition, rather than the 50% required to win an NLRB election.

Which illustrates how bad the NLRB election process is. The workers preferred a lengthy strike, a hunger strike that hospitalized multiple workers, and a requirement for a super-majority rather than face the buzzsaw of a federal election, where employers manipulate the rules and routinely threaten and fire workers to defeat union

Kevin Drum: Card Checks:

Increased private sector unionization is probably the only effective, large-scale way to systematically help America’s middle class, and until we can level the NLRB playing field, card checks are the only way to do it. Congratulations to the U of Miami workers for winning the right to unionize. May many others follow in their path.

Also of interest, this post by SEIU head Andy Stern, written before the agreement was reached.

Posted in U.Miami: Strike'06 | 2 Comments

The UM Strike is Over (the Aftermath Is Not)

I’ve been very silent about the UM strike for reasons I’ll detail below, but let me start with the good news — it’s now over. Yesterday, UNICCO and the SEIU agreed to a modified, monitored, card-check and NLRB ballot. As Picketline Blog describes it, the agreement includes these terms:

  • 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 agree not to interfere with workers’ decision whether or not to form a union.
  • A neutral, independent organization, the American Arbitration Association, will verify the results of the process to determine whether or not a supermajority of UNICCO janitors at the University of Miami wish to form a union.
  • Once AAA has independently verified that a supermajority of 60% of the janitors working for UNICCO have signed cards saying they want to form a union with SEIU, UNICCO has agreed to recognize (on the very same day) SEIU as the janitors’ union.
  • Janitors have until August 1, 2006 to demonstrate a supermajority.
  • The agreement covers 410 janitors working for UNICCO on the campus of the University of Miami and UM’s Jackson Memorial Hospital.
  • The striking janitors will return to work Wednesday, May 3, 2006.
  • Zoila Mursuli, the janitor union leader who had been fired by UNICCO, will be reinstated immediately. She will receive backpay for the weeks after she was fired before her co-workers went on strike.

That’s the good news.

Continue reading

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Strike Teach-in Wedneday 6pm

Wednesday, April 5th, from 6-8pm in the Wilder Auditorium, Knight Physics Building there will be a teach-in “covering the legal, sociological, historical and economic context of the strike.” The announcement promises that “professors will speak and then engage in discussion with the audience.”

Speakers:
Evelina Galang (English) [Moderator]
Elizabeth Aranda (Sociology)
Robin Bachin (History)
Ken Casebeer (Law)
Bruce Nissen (Center for Labor Relations, FIU)

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SEIU Takes a Gloomy View of the Talks

Renee Asher of the SEIU is distributing the following statement which takes a gloomy view of the otherwise secret talks going on at UM:

Statement of Clara Vargas
Janitor Representative, University of Miami
Friday, March 31, 2006

LET US DECIDE

I am disappointed today that we did not make more progress. I had high hopes for a settlement when the meeting was set.

But I knew we were in for a tough time today before I ever stepped into the meeting. UNICCO’s combative post this morning on their campaign web site universitytruth.com made it clear that they are not interested in listening to us, or what we have to say. Our message is clear, “Let us Decide,” what kind of vote to have.

There are more than 168 of us on strike now, and we are more committed than ever. By joining together we have already won a safer workplace, health benefits and better pay, and a seat at the table with the university and UNICCO.

I hope that when we meet again Tuesday, UNICCO will be prepared to hear us, and the university will be prepared to back us.

Anyone who thought one meeting was going to resolve this was dreaming…

Meanwhile, the talks will continue this week. Can’t hurt.

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No News on UM Strike Talks

It seems that the parties to the talks are keeping this confidential so far.

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Contemptible

Have I mentioned how mean-spirited and contemptible the official UNICCO strike blog is is both tone and content? Here’s the latest screed,

With the deadline looming on its 30-day recognition strike, the SEIU has to end its picketing, chanting and tub-thumping today and the few striking workers have to come back to work. Meanwhile, a meeting between all the parties called for by UM President Donna Shalala will convene soon and we expect the message in that gathering will be clear: “Let ‘em vote.” The union really has no alternative except to try and bolster more support among students, but they will soon be departing for summer vacation. It’s over. I feel kind of sorry for the students whose heads have been filled with union mush. But, hey, students and protests used to go hand in hand and it’s actually good to see students seriously engaged in something other than keg parties. And, it’s the last chance they get to stick it to the man before they become the man.

(The “university truth” blog has neither links to individual items, nor does it allow comments, so that link will only take you to a category; look for today’s entry, currently at the top.)

Some colleagues of mine have also noted that the site — especially the main UNICCO page’s link to it — uses colors, type and language in a way meant to evoke the official UM pages. I’m doubtful that this is actually a trademark violation as I think the likelihood of confusion is low; that said there might be an initial interest confusion claim based on this item,

university_truth.jpg
currently found at the UNICCOtruth page with a link to UNICCO’s (not UM’s!) “UniversityTruth” blog.

I mention this not because I think trademark law should be used to stomp UNICCO’s advocacy, and I don’t, but rather because it’s somewhat surprising that UM’s trademark lawyers, normally quite protective of the University’s rights, don’t seem to have sent a cease and desist letter which I would presume would be immediately complied with by UNICCO, whose customer they are. Just something to think about when UM touts its neutrality…

Posted in Law: Trademark Law, U.Miami: Strike'06 | 3 Comments