Two
of the
nation's
largest
labor
unions
have
struck
confidential
agreements
with
large
employers
that
give the
companies
the
right to
designate
which of
their
locations,
and how
many
workers,
the
unions
can seek
to
organize.
The
agreements
are
raising
questions
about
union
transparency
and
workers'
rights.
A
summary
document
put
together
by the
unions
says it
is
critical
to the
success
of the
partnership
"that we
honor
the
confidentiality
and not
publicly
disclose
the
existence
of these
agreements."
That
includes
not
disclosing
them to
union
members.
The
agreements
involve
workers
who
provide
food,
laundry
and
housekeeping
services
on an
outsourced
basis.
The
employers
are
Sodexho
Inc. and
the
Compass
Group
USA unit
of
London-based
Compass
Group
PLC. The
unions
are the
1.7
million-member
Service
Employees
International
Union,
or SEIU,
and
Unite
Here.
The
unions
say they
negotiated
a
similar
agreement
with
Aramark
Corp.
but that
Aramark
broke
the deal
last
year,
and
they're
trying
to reach
a new
one. An
Aramark
spokesman
declined
to
comment
on that.
The
unions
defend
the
agreements
and
their
secrecy,
saying
they've
helped
workers
join
unions
in
growing
industries
at a
time of
declining
union
membership
in many
sectors.
Last
year,
7.5% of
private-sector
workers
belonged
to
unions,
compared
with 17%
25 years
ago. The
agreements
have
"resulted
in tens
of
thousands
of
workers
getting
unions"
and been
a major
advance
for the
labor
movement,
said the
president
of Unite
Here,
Bruce
Raynor.
He
defended
keeping
them
confidential,
saying
the
companies
involved
insisted
on that
for
competitive
reasons.
The
agreements
go a
step
beyond
what are
called
neutrality
agreements.
Those
agreements
give
unions
the
ability
to
organize
workers
free of
employer
opposition.
Unions
often
seek
these in
conjunction
with an
agreement
to
organize
workers
via
card-signing
-- a
speedier
alternative
to
secret-ballot
elections,
which
can drag
on and
trigger
counter-campaigns
by
employers.
Companies
often
agree to
neutrality
after
unions
bring
pressure
on the
employers
from
investors,
local
politicians
and
community
leaders.
Labor
experts
said
agreements
such as
those
the SEIU
and
Unite
Here
reached
open a
window
on a big
debate
within
organized
labor:
what
kind of
tradeoffs
to make
when
forging
neutrality
deals,
and
whether
to let
union
members
know of
the
tradeoffs.
The
SEIU's
president,
Andy
Stern,
said the
unions
sought
the
agreements
after
realizing
that
traditional
organizing
campaigns
at
individual
sites
were
proving
ineffective.
"The old
ways
aren't
working,
and
we're
trying
to find
different
relationships
with
employers
that
guarantee
workers
a
voice,"
he said.
He
dismissed
the idea
that the
new
agreements
are
undemocratic.
"These
workers
have no
unions;
that's
where we
start
from,"
he said.
In 2005,
the SEIU
and
Unite
Here
created
a
partnership
to
represent
workers
that
provide
food and
housekeeping
services.
Then
they
approached
the
companies
individually.
Since
2005,
the
unions
have
organized
about
15,000
workers
at
Aramark,
Compass
and
Sodexho,
which
collectively
employ
more
than
300,000
people
in North
America,
according
to an
SEIU
spokeswoman.
A key
question
in the
agreements
is
determining
at which
sites a
union
can
organize.
Unite
Here's
Mr.
Raynor
said
specific
sites
where
unions
can
organize
are
selected
jointly
by the
companies
and the
unions.
The
agreements
reached
with
Sodexho
and
Compass
in 2005
give the
companies
"the
right to
designate
the
sites"
where
unions
may try
to
organize
workers,
according
to a
confidential
summary
of the
agreements
reviewed
by the
Wall
Street
Journal.
The
companies
wouldn't
comment
on how
locations
were
selected
for
organizing.
The
agreements,
which
expire
at then
end of
2008,
stipulate
the
number
of
employees
that the
unions
can try
to
organize:
11,000
Sodexho
workers
and
20,000
Compass
workers.
The
Right to
Strike
The
unions
gave up
the
right to
strike
and to
post
derogatory
language
about
the
companies
on
bulletin
boards.
With
Compass,
the
unions
agreed
to these
restrictions
"anywhere
in the
world."
In
exchange,
the
companies
agree
not to
oppose
union
organizing
at the
designated
locations.
But
limits
are also
set.
"Local
unions
are not
free to
engage
in
organizing
activities
at any
Compass
or
Sodexho
locations
unless
the
sites
have
been
designated,"
says the
confidential
summary.
Mr.
Stern
said
that if
workers
wanted
to join
a union
at a
location
the
companies
had
ruled
out,
having
these
agreements
would
enable a
union to
negotiate
on the
matter.
"If
workers
want a
union we
can
discuss
that,"
he said.
"Trust
me, a
lot more
workers
are
coming
in than
being
excluded
by the
agreement."
The
companies
said
they
reached
the
agreements
because
they
support
their
employees'
right to
unionize.
A
spokeswoman
for
Compass,
Cheryl
Queen,
said the
agreement
"protects
the
interest
of both
our
associates
and our
clients,
while
allowing
us to
develop
positive
relationships
with
those
trade
unions."
A
Sodexho
spokeswoman,
Jaya
Bohlmann,
said,
"We
pride
ourselves
on
having a
very
open
dialogue
with the
union
and
their
representatives."
The SEIU
has
added
more
members
in
recent
years
than any
other
labor
union.
But
resentment
against
Mr.
Stern
has been
building
among
some in
the
union,
who see
him as
too
close to
management
and too
insistent
on
centralizing
power.
Some
argue
that the
SEIU is
adding
new
members
at the
expense
of
current
ones.
"We
really
believe
that
Stern
and the
international
are
putting
growth
in
numbers
ahead of
any
other
consideration
of what
a union
means in
the
lives of
working
people,"
said Zev
Kvitky,
president
of a
small
SEIU
local
that
represents
food-service
and
custodial
workers
at
Stanford
University.
Mr.
Stern,
rejecting
the
criticism,
said the
union
actually
is
becoming
less
centralized.
'Not
Widespread'
Labor
experts
said it
was
highly
unusual
for
unions
to give
employers
the
ability
to
choose
which
employees
a union
can try
to
organize.
"That's
not
widespread,"
said
Robert
Bruno,
associate
professor
of labor
relations
at the
University
of
Illinois
at
Chicago.
"When
you
agree to
these
kinds of
conditions
the
question
is what
is lost
and what
is
gained?"
The
agreements
enable
the
unions
to
organize
workers
through
a simple
card-signing
process
in which
the
companies
agree to
remain
neutral,
rather
than a
secret-ballot
election.
The
companies
agree to
provide
the
unions
with
lists of
employees
and
access
to
workers.
The
unions
give up
the
ability
to
strike
and
agree
that
they
will
present
issues
before a
labor-management
committee
before
engaging
in
leafleting
or
rallies.
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