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Work
at Yale
Here’s a brief overview of the different workforce segments involved
in the current labor conflict, including a glossary of terms.
UNITE-HERE
Local 35
Local 35 is the oldest union on campus. It represents over 1,100 service
and maintenance workers: the physical plant, the custodial workers,
the grounds crews, and the dining hall workers. Local 35's president is Bob
Proto. 98% of Local 35 workers participated in March, 2003's week-long
strike (see History).
Founded in 1941, Local 35 has had a long and bitter history –
12 strikes in the past 60 years – fighting for better jobs at Yale.
Many of the members working today still remember the strikes during
the 1970s, when workers were attacked and beaten by police while fighting
for the wages and pensions they now enjoy.
African-Americans comprise 72% of the entry-level service and maintenance
positions at Yale, but only 16% of the positions in the highest labor grade – and only 6% of management. Latinos are similarly concentrated
in the lowest, worst-paid jobs at Yale, but additionally face a major
problem of job access at the University. Although New Haven’s
population is 21% Latino, Latinos hold only about 3% of the positions
in Local 35.
What they’ve won: The 40-hour / 5-day workweek
(down from a 48-hour / 6-day workweek), wage increases, medical coverage,
rights for “casuals” (workers intentionally hired by the
University for less than 20 hours a week), and an end to split-shifts,
where workers were sent home mid-day unpaid.
Most of the “generous
benefits” you will read about in mailings from the University
exist because Local 35’s membership has fought bitterly against
the University to preserve them over the past 60 years. The settlement in September, 2003 brought terrific pension increases, wage increases, retroactive pay, and a job-access committee and community access at the table that will help to desegregate the workforce. In July, 2004, Local 35's former parent union HERE merged with UNITE, forming UNITE-HERE, a larger, stronger international union with the resources necessary to continue to achieve victories on the level of those of the 2003 contract settlement.
What they’re (still) fighting for: Despite the victories of the settlement, subcontracting still poses a serious threat not only to
the economic security of countless families employed by Yale, but also,
since it drags down regional and industry wage/benefit standards, to all working families in the area. In addition, the future of the union rests largely on the quality and security of un-unionized jobs at Yale. Local 35 will continue to support workers struggling to form unions all around campus, at Yale-New Haven Hospital, and in the city.
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UNITE-HERE
Local 34
Local 34 is the largest union on campus. It represents over 2,800 clerical
and technical workers (C&Ts) in over 350 buildings.
Local 34 members are research librarians and laboratory technicians,
departmental registrars and administrative assistants, piano tuners,
ID Center workers, animal handlers, clinicians, autopsy technicians,
master’s aides, and over 100 other job titles. Local 34’s
president is Laura Smith.
Women comprise over 80% of the union, and their struggle and difficult
strike to forge their union in 1984 focused the national spotlight on
New Haven for over 10 weeks. “On Strike for Respect” was
a major rallying cry on the picket lines, and Local 35’s “blue-collar”
membership surprised many by walking off their jobs in solidarity with
the largely female, “pink-collar” Local 34 workers for the
duration of the strike.
What they’ve won: Before Local 34 was recognized, workers had
no job security, extremely low salaries (especially for women), no retiree
medical benefits, and minimal pensions. Also, without a grievance process,
many C&Ts endured regular job discrimination. Through organizing,
they’ve won better job security, wage increases (greatly reducing
pay inequities for women), better benefits, increases in the pension
plan, and more. 2003's victories brought, among other things, significant increases in pension and wages and retroactive pay. In recent months, administrators and Local 34 have been collaborating successfully in best practices.
What they’re (still) fighting for: Since the contract settlement, Local 34 has fought the University's decision to lay off about 80 employees, many of them Local 34 members, on account of supposed budget difficulties. The layoffs – pursued without any consultation with employees themselves, or with union leadership – were in direct conflict with Yale's following through on its commitment to partnership, something for which many of us were hopeful after the terrific contract settlement. As well, Many Local 34 members work directly alongside un-unionized workers at Yale-New Haven Hospital, doing the exact same work. The same situation exists among Local 34 members in academic departments and labs and graduate teachers/researchers. As for Local 35, the future of the union rests largely on the quality and security of un-unionized jobs at Yale. Local 34 will continue to support workers struggling to form unions all around campus, at Yale-New Haven Hospital, and in the city.
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Graduate
Employees and Students Organization (GESO)
GESO has been organizing for over 14 years to form a union for the 2,300
graduate teachers and researchers at Yale. 60 percent of current Central Campus teachers have twice asked Yale to recognize GESO as their union within the past year. Though graduate employee unions
have existed at public universities for over 30 years, GESO represented
the first attempt to organize graduate workers at a private university. Since
then, NYU graduates have won a recognized union and drives continue
across the Ivy League. GESO’s chairwoman is Mary Reynolds, fourth-year graduate teacher in American Studies.
Yale has argued that research and teaching constitute"training" rather than
work, so that graduate employees should not be allowed to form a union. However, the National
Labor Relations Board has ruled in the past and the IRS has always held that graduate teachers and researchers serve
as both students and employees - teaching courses, conducting lab research,
grading, staffing office hours, and supervising senior essays in exchange
for pay.
In July, 2004, in a decision split 3-2, the NLRB reversed its unanimous precedent of protecting the graduate employees at NYU. The Bush-appointed Republican majority argued that graduate employees at private universities are "primarily" students and therefore not subject to NLRB protections in organizing and collective bargaining. However, GESO, alongside public- and private-university graduate unions across the country, has reavowed its commitment to fight the ruling and press for recognition outside of the NLRB process (which, in fact, it was doing anyway; see below).
What they've won: In the past decade, the pressure created
by GESO's organizing has moved the University to make major improvements
in graduate education and compensation. These include increased stipends
and wages, healthcare coverage, career services support, teacher training,
ESL training, and the formation of the Graduate Student Assembly and
the Office of Diversity and Equal Opportunity (ODEO).
What they're fighting for: On December 14th, 2004, and again in April, 2005, Connecticut Secretary of State Susan Bysiewicz certified that 60 percent of Yale Central Campus TAs signed GESO membership cards. With this strong majority, GESO is now seeking recognition from the University. GESO struck for recognition for one week in April, 2005, highlighting graduate employees' lack of a fair grievance procedure, lack of dependent health insurance, and pay inequity. GESO is collaborating with TA unions across the country and the world, including GSEU at Columbia University and GET-UP at the University of Pennsylvania.
In the fall of 2003, GESO launched
an issue-based platform, focusing on racial, gender, and economic diversity; teaching-related issues, such as TA training; international student issues;
dependent healthcare; women's issues; family-support services, such as affordable childcare; funding issues, such as TA pay equity; and career-path and casualization-related issues. The UOC's "Community in Crisis, vol. 2: In Our Classroom, On Our Streets" provides an introduction to many of these issues. "Community in Crisis, vol. 3: The GESO Strike" discusses the issues in the context of the April, 2005 strike. As well, reports by GESO on many of these topics are available. View and download reports here, and check out the discussion of related issues in the Our Academic Community section of YaleUOC.com.
In the past, GESO organizers have benn illegally arrested for passing
out leaflets, and in February, 2003, GESO filed five Unfair Labor Practice charges
against the University for intimidation. Read the official statement in response from the Academic Labor Panel here. The (Un)Usual Suspects, a GESO report outlining Yale's anti-union campaign, is available here.
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S.E.I.U. District
1199 – Yale-New Haven Hospital
District 1199 is a progressive union representing over 20,000 healthcare workers across New England. Currently, about 150 dietary workers
at Yale-New Haven Hospital have a union contract, but 1199 is
still fighting to win recognition for the other 1,850 workers there. Many un-unioized Hospital employees work alongside members of Local 34, doing the exact same work, but get paid significantly less. Check out a comparison of Hospital and University benefits.
Hospital management under the leadership of YNHH CEO Joe Zaccagnino
has waged a bitter and often illegal campaign against unionization efforts.
In the fall of 2002, the Hospital illegally arrested eight workers for distributing
pro-union leaflets, and in response, the New Haven Board of Aldermen
stripped the hospital constables of their arrest powers. There have
also been frequent reports of supervisors harassing and intimidating
workers for wearing union pins or expressing pro-union sentiments on
the job.
What they’ve won: The union campaign scored a major victory
when it revealed undisclosed millions in "free bed" funds intended to benefit low-income patients but not put to use by the Hospital. Combined with the uncovering
of abusive, aggressive debt-collection practices, the fallout resulted
in landmark debt-collection legislation passed by the Connecticut General
Assembly, the stoppage of home foreclosures, and outright debt forgiveness
for many.
What they’re fighting for: Hospital
workers are struggling for a fair process to organize a union. Given
the level of tension and intimidation, the workers feel that a card-count neutrality agreement is a necessary precursor to any organizing
drive. In particular, healthcare remains a major issue for Hospital
workers, since many are paid so little that they can't afford medical
attention at the Hospital in which they work. Currently, the Hospital is making plans to build a new cancer center in the Hill neighborhood. Residents have come together as Community Organized for Responsible Development (CORD), seeking a community-benefits agreements accompanying the development. One piece of this community-benefits agreement is good jobs at the cancer center and respect for workers' right to organize.
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Glossary
Sometimes
all the terms thrown around by the Union and the University can get confusing. Here's a brief guide to some contentious issues:
Subcontracting means paying an outside company to do
work rather than hiring the workers directly. Subcontracted workers,
who are technically employees of the hiring agency, receive inferior
wages, benefits, and protection. Currently subcontracted buildings include
LC, the Art Gallery, and Swing Space. Workers cleaning LC and WLH both come in at night and
clean bathrooms, floors, halls, and classrooms. But the workers in LC
earn far lower wages, can be fired at will, and have no healthcare.
Subcontracting affects Local 34 jobs, as well. In 2000, Yale University
decided to "sell" the Yale Psychiatric Institute to Yale-New
Haven Hospital. The jobs were transformed overnight into lower-wage,
lower-benefit, non-union positions in the same building with the same
patients. YPI was essentially "subcontracted" to YNHH, a non-union
environment with a hostile attitude towards workers organizing (see
S.E.I.U. District 1199).
Subcontracting is a simultaneous assault on the rights of subcontracted
workers, the ability of union labor to grow, and prospects for real
partnership between Yale’s administration and its workforce. Better
job-security language to prevent further subcontracting of Local 34
and Local 35 jobs was a major issue the unions fought for at the
negotiating table in 2003. The new contracts represent a victory against subcontracting, winning back Sprague Hall and the $176-million Congress Avenue Building as union buildings.
Card-count, or card-check, neutrality (CCN) is an alternative
process for union recognition to the NLRB election advocated by Yale
and YNNH. In an NLRB election, workers vote by secret ballot for
or against union representation. But, as Human Rights Watch reported
in 2000 (see Unfair Advantage), employers regularly use aggressive and often illegal methods
to threaten or coerce employees. 91% of employers force workers to attend
captive, closed-door meetings. 80% hire outside consultants to train
administrators and supervisors in intimidation tactics. 31% illegally
fire employees for supporting unions. Workers have endured many of these
practices for years at Yale. That’s why GESO and District 1199
members have called for CCN as the best method to conduct organizing
drives. Under CNN,, both sides agree not to intimidate
or coerce workers, and to begin good-faith negotiations only when a
majority of workers have signed membership cards.
Binding arbitration is a common agreement between employers
and employees who want an alternative to deadlocked negotiations or
a difficult strike. Under binding arbitration, a mutually agreed-upon
third party considers both sides’ proposals and fashions a compromise
which both sides agree to accept. Yale’s unions called for binding
arbitration on mandatory contract issues – only Local 34 and Local
35’s contracts – in February, 2003 and again in August in hopes of
achieving a just contract and averting a strike. Yale refused.
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