Find HRA Contractor Violated Labor Law, Liable for Back Pay

By MICHELLE FRIEDMAN

A National Labor Relations Board Judge has ruled that C&W Cleaning Service was in violation of a series of Federal labor laws when it took over the Human Resources Administration account at 330 West 34th St..

Judge Eleanor MacDonald ordered C&W to pay back wages and benefits to all unionized workers who lost their jobs, and to all current employees, matching union compensation, for the affected positions.

In July 2007 C&W Cleaning Service improperly obtained the HRA building account, displacing 11 workers from Triangle Services. The case was first brought to the attention of the NLRB in July 2007 by Local 32BJ of the Service Employees International Union, which represents the workers employed by Triangle Services, when C&W was charged with unfair labor practices. Subsequently, the NLRB commenced a Federal lawsuit under Section 10(j), reserved for only the most egregious cases where the evidence of wrongdoing is overwhelming. This suit won Triangle Services employees jobs back.

'A Law-Breaking Contractor'

"This latest decision provides further evidence that C&W is a law-breaking, irresponsible contractor," said Hector Figueroa, Local 32BJ secretary-treasurer. "We're pleased the judge ruled in favor of these hard-working janitors who were the victims of C&W's unscrupulous labor practices."

The most recent NLRB decision found that C&W was in violation of the HRA contract by not maintaining a commercial office, as required by minimal bid requirements set forth by HRA. It also found C&W in violation for not permitting Triangle Services employees to renegotiate their HRA contract.

C&W attempted to misrepresent the owner's apartment in the Clinton Hill section of Brooklyn as a commercial office, labeling the apartment number as a business "Suite." Subsequently, C&W was able to attain this contract with the HRA for more than $1.4 million when it was not qualified. C&W has at least one other $1.4-million HRA contract covering three sites in Brooklyn and Staten Island, where C&W's bid has a similar address misrepresentation.

C&W has failed to comply with numerous terms set forth in the injunction. The NLRB is now considering whether it should return to Federal court and seek a contempt ruling against C&W.

C&W declined comment on the NLRB findings.