For years, ACI pretended that the recycling workers they employed were “temps” and not real company employees – despite working at ACI for up to 15 years. The company agreed to end the “temp” sham after workers organized and took action with support from the ILWU. Photo by Brooke Anderson
The campaign by East Bay recycling workers for dramatic wage and benefit improvements continued to make progress in September.
Oakland Council OK’s raises
On September 22, the Oakland City Council adjusted their future franchise agreements so that two firms will share responsibility for collecting refuse and processing recycling from City residents – and both firms will provide workers with dramatic wage increases and good health benefits.
Because of the City’s decision, recycling workers at Waste Management (WM) and California Waste Solutions (CWS) who are members of ILWU Local 6, will see their wages increase from $13.22 at CWS and $12.50 at WM, rising steadily to $20.94 by the year 2019. Both companies will also provide workers with affordable family health insurance.
Organizing effort
The victory resulted from two years of organizing and job actions – including numerous strikes. Local 6 recycling workers have led the fight for better pay, launching their effort in February of 2013, following the historic “Alameda County Recycler Workers Convention” attended by hundreds of workers and community supporters.
Waste Management contract needed
Now that the City Council has included the wage increases into Oakland’s franchise agreements, it’s up to Waste Management officials to sign a new union contract with the ILWU that locks-in the raises and benefits. CWS officials signed a contract with Local 6 at the end of July, but Waste Management officials have been avoiding a new contract with the ILWU for over three years. With the City’s action on
September 22, and the possibility of continued worker actions, pressure is building on the company to sign the contract and begin paying raises approved by the City Council.
Inspiring ACI workers
On September 9, recycling workers at Alameda County Industries (ACI) announced their decision to form a union and join the ILWU. With 85% of the 70 workers signing ILWU representation cards, their commitment was clear. ACI management was asked to immediately recognize the ILWU as the recycler’s union, but the company refused and is requiring workers to vote in an election.
Teamsters collude
Company officials made it clear that they would prefer to have recycling workers represented by the Teamsters Union, which has represented ACI drivers for over 20 years – but did nothing to help the 70 recyclers who have suffered as “perma-temps” and received only minimum wages with no benefits for at least 15 years. Recycling workers say that they became angry at the Teamsters eight years ago when Local 70 officials solicited representation cards from recycling workers, then ignored the recyclers after securing the contract for Teamster drivers.
Surveillance, not support
During a September 15 rally at ACI’s headquarters in San Leandro, Teamster Local 70 officials and company managers kept workers and community supporters under surveillance from the sidelines – while supervisors inside the plant threatened workers who supported the rally with retaliation.
Temp scam
ACI used an especially dirty trick to cheat recycling workers out of decent pay, benefits and a union – and the company did so with the knowledge and tacit approval of officials at Teamsters Union Local 70. For 15 years, ACI has pretended that the recyclers they employ aren’t actual employees – because the company obtained them through a temp agency. Some workers have been employed at ACI in this manner as “temps” for up to 15 years.
The phony “temp” gimmick is part of ACI’s “union avoidance” strategy, and the company is apparently willing to pay a high price – paying the temp agency over $19 an hour for permanent temporary workers who receive only the minimum wage of $9 an hour. Prior to July 1, 2014, ACI’s recycling workers were paid only $8.30 an hour.
Living wage violation
ACI’s decision to pay recycling workers just $9 an hour isn’t just shameful – it’s also illegal. ACI was supposed to pay workers much higher wages under the City of San Leandro’s “living wage ordinance” that became effective in 2007. The ordinance requires workers to earn $14.57 an hour without benefits or $13.07 with benefits. In a separate effort, not connected with the union organizing effort, ACI workers filed a class-action lawsuit against ACI for back-wages owed under the Living Wage ordinance. On September 24, ACI agreed to settle the lawsuit by paying the workers involved a total of $1.2 million – and confirming that ACI is the actual employer of recycling workers.
City Council support
Ironically, ACI’s questionable business practices have been unknowingly supported by ratepayers in four East Bay cities with franchise agreements obligating ACI to provide garbage and recycling services.
The largest customer is the City of San Leandro, followed by Livermore and the city of Alameda. On the evening of September 15, ACI workers attended the San Leandro City Council meeting where they announced their decision to join the ILWU and end ACI’s unethical behavior.
The following night, ACI workers went to the Alameda City Council with the same message. At both meetings, workers were well-received by City Council members who seemed shocked and surprised by ACI’s business practices.
“We’re making progress, and we saw what ILWU recycling workers have accomplished in Oakland and Fremont,” said ACI recycling worker Salvador Hernandez, “so we want to do the same thing here at ACI to help our families.”