Tag: organize

Home>News>organize

Washington, DC, Attorney General Brian Schwalb filed a lawsuit against five companies in late June, alleging that they engaged in a “widespread misclassification scheme that deprived hundreds of District construction workers the wages and benefits they were entitled to under DC law.”

The companies — Whiting-Turner Contracting Company, W.G./Welch Mechanical Contractors, LLC and three labor brokers (Mechanical Plumbing Crew Co., Ramirez Plumbing Inc. and GINCO HVAC, LLC) — are accused of denying workers the proper minimum wage, overtime and paid sick leave they deserve.

A Washington Post article on the lawsuit reported that SMART Local 100 organizers and members played a role in helping workers fight for their rights.

Local 100 job action related to the DC OAG lawsuit.
Local 100 job action related to the DC OAG lawsuit.

“The construction industry is loaded with nonunion contractors who hire subcontractors called labor brokers to act as intermediaries between the workers and the construction companies,” said Chuck Sewell, marketing director for Local 100, in a press release from the DC Office of the Attorney General. “This leads to a diffusion of responsibility, where neither the broker nor the construction company takes full responsibility for the workers’ conditions, rights and welfare.”

Bad-faith, nonunion contractors and labor brokers often misclassify workers to avoid paying taxes, work compensation and other requirements, Sewell added, noting that labor brokers “often put their workers on projects without sufficient training, risking their safety and resulting in poor quality workmanship.”

At a mixed-use development in DC known as City Ridge, sheet metal worker Edwin Mayorga and approximately 370 of his fellow workers said that they weren’t paid in full.

“We worked 12 hours a day from Monday to Friday, and on Saturday we worked 10 hours, Sunday, 10 hours, practically,” he said in Spanish [to the Post], through an interpreter. “We weren’t resting.”

Local 100 Organizer Rolando Montoya connected with workers at the City Ridge jobsite after hearing complaints that they weren’t getting paid, helping them access resources to fight for the compensation they were owed.

“Our contractors that are being responsible, paying for training, paying good wages, benefits — when they bid on these projects, they can’t compete,” Montoya said in the Post article. “It’s affecting union workers, because it’s less work.”

Fighting wage theft and uncovering low-road contractors isn’t just the right thing to do for exploited workers and high-road contractors; it illuminates the difference provided by union representation, helping SMART locals recruit more workers. One example: the sheet metal worker from the City Ridge project, Edwin Mayorga, who has since joined Local 100.

“It’s a huge difference,” he told the Washington Post, “mainly because one is not fighting to get paid.”

The last Belonging and Excellence for All (BE4ALL) challenge of 2023 asks SMART members to share their stories in response to the question, “Why are you proud to be a SMART union member?” For Local 71 (Buffalo) sheet metal worker and organizer Andre Mayes, the answer to that question encompasses a lifelong journey – one that took him from working dead-end jobs and knowing nothing about unions, to helping fellow workers gain the life-changing benefits of SMART membership. Read more:

Buffalo sheet metal worker and organizer Andre Mayes (left) donates nose strips for face masks during the early days of the Covid-19 pandemic.

“If I had to sum up what being a SMART member means to me in one word, it would be ‘purpose.’

“I was a Black child of poverty who grew up in the post-Reagan 90s with few prospects for my future. A very small number of kids I went to school with planned on going to college after high school, despite the fact that we were in the beginning of the era where every child was told they’d be a failure without a four-year degree. I was fortunate to have my grandmother as a role model who introduced me to ways of living that others with my background didn’t get to see, as she was the public relations director for the CBS affiliate in Buffalo. It allowed me to aspire, but with no clear path on how to get there.

“Fast forward almost two decades and I was a waiter with no real plans other than to make cash tips and have fun with my friends. It wasn’t until I became a truck driver at a large mechanical contractor that I was introduced to what unions do for workers. I always believed unions were antiquated, a relic of a bygone era, and that they only got in the way of economic development. As a truck driver, I made $9.25 per hour with absolutely no benefits – no healthcare (this was pre-Obamacare), no paid time off, no retirement, and I was lucky when I got a lunch break – all while working 55-hour weeks. The UA (United Association) and SMART members I delivered to at the same contractor made as much as four times my wages, plus generous retirement and healthcare packages that dwarfed my hourly pay on their own. I began to question what I thought I knew about unions. I made the determination that I was going to belong to one of these trades no matter what.

“For two years, I kept working as a driver and biding my time until the day I was a member. After my interview to join SMART, I received my rank letter for the upcoming apprenticeship class. The amount of joy I felt to see I was #11 on the list, knowing the union would take up to 20 apprentices, was my first real sense of purpose as a member. I had spent two years working to achieve this goal – longer than I’d ever worked any other job by 15 months – and it was close to being achieved.

“I found purpose in learning the actual craft of sheet metal through an intensive combination of on-the-job and classroom training. I was finally being given a chance to hone a set of skills that I enjoyed. I felt like I wanted to share this pride and purpose with everyone. Any friend I had who would talk about their woes at work would get an earful from me about our trade: a real education where every single thing you learn is relevant for work; classmates who you’ll spend your career getting to know; the opportunity to build the physical infrastructure of our community; dignity in retirement at an age that allows you to still enjoy what life has to offer. This was more than a job — it was a calling.

“That purpose led me to learn everything I could in the field, from HVAC fabrication and installation, to TAB, surveying and CAD. This alone would’ve been a fine place to end as I talked about running work and counting the days to retirement, but SMART wasn’t done giving me purpose yet.

“After I turned over, I became the fourth-year HVAC instructor. I was excited just to get the opportunity to teach the next round of sheet metal workers, but at the end of the interview for that role, I was asked where I wanted to be in 10 years by our then-Business Agent Paul Crist. I told him that I’d always wanted to be an organizer and would hope to have a chance for that down the line. As it turned out, he was asking for precisely that reason. Our then-organizer, Joe DeCarlo, was retiring, and Paul encouraged me to apply. I followed suit, and as a result, I have been preaching the gospel of organized labor for four years.

“Even writing this, it’s hard to believe that in 36 years, my life has ended up at this point. I never could’ve dreamed I’d be here 20, even 10 years ago. Being a part of the social movement that is organized labor, being a SMART member and a local officer has given me a sense of purpose only surpassed by my wife and children, none of whom I’d have without this union. I will forever be grateful that I am a SMART member.”

For this episode of the Talking SMART podcast, we sat down with SMART Local 28 Business Agent Marvin Tavarez to discuss his journey going from working non-union to being organized into SMART. He breaks down some of the myths about organizing into our union versus taking a more traditional full apprenticeship route.

“Some people are like ‘Oh, that’s the backdoor, that’s the backdoor,’ ” says Tavarez. “But at the end of the day, it all comes down to educating the membership. You know, if you’re not organizing members in, you’re gonna be working against them and not with them.”

“If you’re not organizing members in, you’re gonna be working against them and not with them.”

Tavarez also discussed his efforts to help build a rank-and-file building trades movement, including organizing rallies attended by thousands in New York City.

“As soon as I got into the union,” says Tavarez, “I felt like I needed to give back, someway, somehow. I was getting so much from the union… what can I do to contribute? So, I started a rank-and-file movement on Facebook. Started with like five members. Within a year, year and a half, it grew to over 10,000 members on social media.”

At the end of this episode, in his last open mic segment before he retired at the end of May 2023, former SMART General President Joseph Sellers discusses the road ahead for SMART, as we work to train a new generation of members and staff up scores of large “megaprojects” across the United States and Canada.

Return to the Talking SMART index page.

Talking SMART is a member of the Labor Radio Podcast Network — working people’s voices, broadcasting worldwide 24 hours a day.

Previsich

The SMART TD annual Regional Meeting in San Antonio is coming up soon – reserve your spot now! Click here to reserve online and for additional information.

Educate—Organize—Mobilize! This is the theme for SMART Transportation Division’s upcoming regional meetings, to be held in San Antonio, Texas, on June 12-14 and New York City, New York, on July 10-12.

This theme was selected in order to continue our renewed emphasis on education and training and also to build awareness of the many tools that are offered to take that training to the next level.

Educate – This year’s workshops will build on the positive feedback received from last year’s meetings, offering improved course studies for members and officers. The courses are offered with multiple tracks to enhance the skills of every member, including full schedules designed for legislative matters, local officer training, bus issues and treasurer workshops.

Reinstating a well-received initiative, this year the meetings will again offer a certification program for those who wish to participate. Members may record attendance by scanning their badge at the conclusion of each workshop. Those who participate at the higher levels will receive a certificate and a lapel pin in recognition of their achievement.

Organize – The meetings this year will offer guidance on strategies and techniques to implement the lessons learned during the workshops. Whether it be organizing to improve the conduct of a local meeting or forming a group to get out the vote come election time, the goal is to assist all attendees in developing the skills necessary to apply at the local level and incorporate the lessons learned during the meetings.

Mobilize!  This is a critical part of this year’s theme. Now, more than ever before, we are in a political environment that is unfriendly to organized labor.  There are efforts underway at the local, state and federal levels to dismantle many of the protections and benefits that labor has earned during the 150-year history of the American labor movement.

From taxing workers on their employer-provided health care, to implementing right-to-work at the national level, many people not favorable to organized labor view this time as a window of opportunity to advance their anti-labor initiatives.

The threats are real and it will take an educated, organized and mobilized strategy by all of labor to counteract the efforts of those who are attempting to turn back the clock.

Accordingly, this year’s regional meetings will have a special focus on mobilization at the local level. From lobbying first responders in support of our two-person crew bills, to speaking out in Washington through utilization of the SMART TD Legislative Action Center, success in this environment will depend on an informed and mobilized membership.

We ask all members to sign up for SMART Action Alerts, download the SMART TD free app (search SMART-TD in app store) and utilize the Legislative Action Center on the SMART TD website.

All members need to be informed and prepared to offer support and assistance when called upon. It is through our collective efforts that we will be able to withstand attacks on the benefits, wages, retirement, regulations and transit funding that provide a safe working environment and a good living for our members and their families.

I look forward to seeing you at the regional meetings in San Antonio and New York!

In Solidarity,

John Previsich
President,
SMART Transportation Division

By Calvin Studivant
Alternate vice president — Bus Department

A tragic bus accident in New York City in March, which killed 15 passengers, has put an unfriendly spotlight on low-fare tour bus drivers.

The driver of the ill-fated low-fare tour bus reportedly had previously been charged with driving on a suspended license, and it will be up to investigators to determine the facts of this accident.

What we do know is that many low-fare tour bus companies that are non-union force their drivers to work under horrendous conditions at low pay — and often with little sleep.

It is common for non-union drivers employed by low-fare tour bus firms to sleep in their coaches between driving assignments. Many of these bus companies have been cited for safety violations

The New York Times reports that low-fare tour buses transport millions of passengers annually and regulators rely on handwritten logbooks to determine if drivers are working with insufficient rest.

An official of Advocates for Highway and Auto Safety called the logs “comic books” and alleged they are often falsified or not filled in at all.

In fact, reported The New York Times, the owner of the low-fare tour bus involved in the New York City accident had been cited previously by regulators for “several logbook violations.”

As proud union members, we must continue to organize the unorganized because the entire transit industry takes a hit when something goes terribly wrong.

As union drivers, we cannot be forced to violate federal hours-of-service regulations. And we can refuse to operate a bus that is unsafe without fear of losing our jobs.

It our duty as union brothers and sisters to educate fellow drivers who may think it okay when pressured to work multiple shifts without proper rest, or to operate an unsafe vehicle.

Above all, we must inform non-union drivers that the UTU negotiates good contracts with competitive wages, health care and working conditions, allowing drivers to operate within the law.

If we don’t, their faults become our faults, as we are all viewed the same by the public. We cannot afford to be looked upon that way.

The UTU has set the standards for the transit industry. We will continue to raise the bar because we represent the finest transit and school bus operators in America.