Order HRA To Pay Cleaners Union Wages

By MEREDITH KOLODNER

A cleaning company recently contracted by the Human Resources Administration must pay 11 workers the union wages and benefits they received before the company displaced them in July 2007, under a Federal judge's ruling.

HÉCTOR FIGUEROA: 'Every union-busting trick.

In July 2007, the cleaners were removed from their jobs in an HRA building on West 34th Street after HRA officials replaced the unionized Triangle Services company with C & W Cleaning Service.

'Used Every Trick'

"C&W did not meet HRA's minimal bidding requirements when it received this contract," said Héctor Figueroa, the secretary-treasurer of Local 32BJ, which represents the workers. "C&W went on to use every trick in the union-busting handbook, but this ruling affirms these tactics will not be tolerated."

After HRA made the switch last year, Local 32BJ filed an unfair labor practice complaint with the National Labor Relations Board.

The board then took the rare action of initiating a Federal lawsuit to have the workers and their economic terms and conditions immediately reinstated. The action, known as Section 10(j) relief under the National Labor Relations Act, is granted to only a handful of cases each year in which the board believes the violation is clear and egregious.

As a result of the Board's lawsuit, U.S. District Court Judge Gerard E. Lynch ruled that the workers should be offered jobs by March 14 and that C&W should bargain in good faith with Local 32BJ as the cleaners' representative.

C & W has several multi-million dollar contracts with HRA.

The unfair labor practices will continue to work their way through the system. "The 10(j) ruling gets workers back on the job immediately while ULP complaints are processed, which can take years," said Mr. Figueroa.