Author Archives: Joe Doc

Labor peace breaks out for Post Bros. project

by Jane M. Von Bergen, Inquirer Staff Writer. @JaneVonBergen
– For five months in the middle of 2012, Philadelphia’s building trades laid siege to the Goldtex construction site just north of Center City, where two brothers in their 30s decided to use a mix of union and nonunion labor to convert a 12-story loft building into apartments.

It was ugly.

Accusations of violence and intimidation flew, along with some punches, as pickets halted construction for five months.

Observers said the brothers were mounting a direct challenge to union control over Center City construction.

These days, something like peace has broken out on the brothers’ current development, the highly visible Atlantic Building project at Broad and Spruce Streets.

Michael and Matthew Pestronk, whose business is known as Post Bros., say they will use all-union labor to turn the 21-story building into condominiums, apartments, and retail.

“Unlike a rental apartment, where you have flexibility when you rent, when you sell condominiums, the promise of when you can deliver is very important,” said Michael Pestronk, the CEO.

“As we saw on Goldtex, when the unions are upset with you, they do a lot to obstruct the schedule and delay things,” he said.

In this project, “the promised delivery date is really critical,” he said. “We can’t have any risk of delays with the type of issues we had last time.”

Peace negotiations took place over lunch at Spasso Italian Grill on the Delaware River, with Pestronk breaking bread with Electricians union leader John “Johnny Doc” Dougherty.

The lunch took place in November, shortly after Dougherty assumed leadership of the Building Trades Council.

The lunch, Dougherty said, was one of his first priorities.

“We both made mistakes in the past and we learned from them,” Dougherty said. “You have a minor indiscretion that leads to a lot of issues.

“We’re excited about the new partnership,” he said. “We want to bring the job in on time, under budget, safe, and make the Post Bros. a lot of money.”

Pestronk and Dougherty said the unions did not offer or pay any contract discounts to get the work.

Joining Dougherty and Pestronk at Spasso’s were Fred Cosenza, a Building Trades Council official, and Pierce J. Keating, chief executive of Daniel J. Keating Co., the general contractor on the site.

“Both the union trades and Pestronks want to put [Goldtex] behind them,” Keating said.

“I think that there is a personal interest on the part of John “Johnny Doc” Dougherty to [make] this a successful project,” Keating said. “And economically, it’s very important for the Pestronks to get the project done on time.

“This is an ideal project so everyone can show their true colors,” he said.

Pestronk said he and his brother decided to hire a general contractor, specifically Keating, instead of acting as their own contractor, as they did at Goldtex. Keating, he said, is a union contractor used to handling multiple trades on a building site.

Keating and Dougherty plan to sign a project labor agreement at the Atlantic. The contractor and unions will agree to resolve disputes without stopping work.

The Philadelphia Area Labor Management Committee, led by Tony Wigglesworth, will administer the agreement.

During the Goldtex battle, the Pestronks released a video that appeared to show Cosenza punching a security guard. At the time, Cosenza said the guard was the aggressor.

Cosenza “was the frontline bad guy,” Pestronk said Monday. But at that November lunch, “both of us said that neither of us cared to go through that again.”

Source – http://mobile.philly.com/beta?wss=/philly/business&id=367276791

Philadelphia Council AFL-CIO Bulletin

By The Philadelphia Council AFL-CIO

  • Stop the Harrisburg right wing’s plan to pass “paycheck protection” bill in State House

The Republican leadership in Harrisburg is again trying to foist the so-called “paycheck protection” bill on Pennsylvania’s workers. This bill would make it illegal for public sector employers in Pennsylvania to deduct union members’ dues from their paychecks. According to these right-wingers, union members don’t need their paychecks “protected” from deductions for health insurance, or life insurance, or 401Ks, or United Way contributions, or transit passes. Just from the organizations they belong to, whose leaders they elect. Unions. Contact your State House member and urge him or her to vote NO on SB 501 — the dishonest, deceptive, anti-union “paycheck protection” bill.

Are the cracks starting to show in the Trans-Pacific Partnership?

Ford Motor Company announced this week that they would “close operations” in Japan and Indonesia. Their reason: the failure of the proposed Trans-Pacific Partnership trade deal to address currency manipulation that hampers their ability to do business in our “partners'” markets. Senator Sherrod Brown (D-OH) told the press, “The ink isn’t even dry and we are already seeing proof that this massive agreement will sell out American workers and roll back the remarkable recovery of our auto industry.” Contact your Senators and tell them you oppose trade deals like the TPP that hurt American workers.

Workers standing up and organizing despite anti-union attacks

It’s easy to get dejected reading news stories about the Friedrichs case, or anti-union bills in state legislatures across the country. But it’s important to recognize that workers are fighting back and winning, and building our labor movement as well. Mother Jones magazine recently profiled 5 industries where workers are organizing unions and building power. They call them “unlikely industries” because they don’t fit people’s traditional impression of the kinds of jobs where workers organize unions. But the truth is, any industry where working people want dignity, respect, democracy, and some power over their own situation, is an industry where workers will want to organize a union, sooner or later. Philadelphia is the site of a recent victory in one of the industries they describe, higher education, as the adjunct professors at Temple University voted a few months ago to join the Temple Association of University Professionals (and the Philadelphia University adjuncts are in the process of building their union campaign right now, too!).

US Department of Labor takes steps to empower temporary workers

“Temp work” has become more and more a fact of life for American workers. Many large employers contract with “temporary staffing agencies” to provide workers — often these workers aren’t short-term temps, but a permanent part of the contracting company’s workforce. But if something goes wrong, the contracting company can say, “Hey, they’re not our employees, we’re not responsible.” The US Department of Labor has begun to issue new rules that will crack down on companies who don’t want to be held accountable for how they treat their temp or contract workers. As this Washington Post report explains, the DOL is advancing a “joint employer” approach that will allow workers to hold both the staffing agency and the contracting company accountable for obeying laws that protect workers. Sometimes that means winning overtime pay for workers who work at a single company for 2, separate “temp staffing agencies”. Sometimes it means blowing the whistle on OSHA violations. In either case, it means more power and protection for workers.

Source – http://www.pa.aflcio.org/philaflcio/index.cfm?action=article&articleID=3CEAD2B8-8530-4889-B1E8-145B77BE9752

Staples NLRB Case: Secret Document Exposes USPS Privatization Planning

By American Postal Workers Union (AMPU)

– A document unearthed in proceedings before the National Labor Relations Board (NLRB) reveals why the APWU is adamant that the Postal Service’s deal with Staples – and others like it – must be stopped.

The March 26, 2012, document exposes the secret privatization recommendation a Postal Service consultant made to USPS management: Eliminate most retail facilities throughout the country, along with the work of APWU employees.
The document is covered by a “protective order” that prohibits its disclosure, but the Administrative Law Judge presiding over the case has ruled that the contents can be summarized and brought out from behind the veil of secrecy.

As described by the judge in his order, the document reveals that the Postal Service’s consultant made a number of proposals to the USPS, including that the Postal Service invest in high-traffic Postal Service locations and that it eliminate the majority of the standard-volume Postal Service locations and migrate that work to retail partners that are not staffed by APWU members.

The judge’s order says, “The document was not prepared by the [USPS] and does not, on its face, reveal whether the [USPS] adopted any of the proposals contained in it.” As the APWU sees it, the deal with Staples is consistent with this recommendation.
“The USPS claim that the Staples deal is about providing customers with better access is a hoax. It is clearly a privatization scheme to transfer postal services – and our work – to the private sector,” APWU President Mark Dimondstein said.
“This document proves we are on the right track and should double down to stop this dirty deal in its tracks. Continue the boycott of Staples and Quill.com and continue to encourage our co-workers, families and friends to do the same.”

“Paycheck Deception” legislation begins march through House

By Jason Gottesman

– So-called “paycheck protection” legislation that passed the Senate in October began its way through the House Tuesday as the House State Government Committee sent Senate Bill 501 to the full House along a party-line vote.

According to committee Majority Chairman Daryl Metcalfe (R-Butler), the legislation is on track to be considered by the House when they return to session in the first week of February.

The bill—sponsored by Sen. John Eichelberger (R-Blair)—would eliminate the ability of public sector labor unions to automatically deduct political donations from members’ paychecks.

Democrats on the committee unanimously opposed the legislation and expressed a number of procedural and substantive concerns with the legislation.

Speaking to the procedural concerns, Rep. Mike O’Brien (D-Philadelphia) noted members only had about 15 minutes’ notice that the bill would be considered in committee Tuesday and did not have time to review proposed changes to the bill.

“Certainly in the interests of an open and transparent process, I think it’s important that we have time to review this material,” he said before moving to table the bill until after Wednesday’s House floor session.

The motion to table failed along a party-line vote with Rep. Metcalfe noting the committee has had the bill since October and Democrats were able to review the legislation enough to file a number of amendments to it.

Substantively, Democrats on the committee noted that the Commonwealth allows automatic deductions for a number of different things like savings accounts and child support, to insurance payments and pension plans.

Many Democrats on the committee also argued that union members have to choose whether or not to have the contributions deducted from their paycheck and aren’t forced to donate to union political activities.

“This legislation is nothing more than a bold faced attempt at really just going after unions, it has really nothing to do with taxpayer money,” said Rep. Steve McCarter (D-Montgomery). “All of these things are bargained across the table. In effect, what we are really doing here is attacking the collective bargaining process that people have a result of being members of a union.”

Republicans on the committee posited having the Commonwealth involved in collecting what they say amounts to taxpayer dollars that are then used by unions for political purposes that could lead to tax increases is an inherent conflict of interest.

“It has nothing to do with the costs, it’s simply a matter of right and wrong,” said Rep. Dan Truitt (R-Chester). “It’s simply a matter of not having state resources used to collect money that is ultimately used for political purposes.”

While the bill took a step forward Tuesday, its ultimate conclusion might not be so positive.

Gov. Tom Wolf’s office noted shortly after the committee vote that he opposes the bill.

“The governor does not support paycheck protection legislation,” said Gov. Wolf’s press secretary Jeff Sheridan.

Source – http://plsreporter.com/Home/TabId/56/ArtMID/472/ArticleID/1122/%E2%80%9CPaycheck-protection%E2%80%9D-legislation-begins-march-through-House.aspx#.Vqiq01vpVuE.facebook