Exemplar or Exempt from the Law?

by Marlon Crump/PNN

"Unfortunately, as of today Thursday September 27th, 2007 we have just received notice from the General Services Contracting Department, that our final day of service will be Friday September 28th, 2007. We sincerely apologize for the sudden and unexpected notice..."

This "special notice letter" from the American Building Service was an interoffice memorandum unexpectedly firing eighteen S.E.I.U. Local janitorial employees with less than 24-hours of notice right before the holiday season.

On the evening of November 20th at POOR Magazine's Community Newsroom, Andrew Solis from Service Employees International Union (S.E.I.U) Local 87 told the poverty scholars and staff at POOR about the evils of a new kind of employment gentrification: "being semi-bought, sold, told, and literally left out in the cold."

"When the new San Francisco Federal Building, located on 7th St was built here in San Francisco we were the first to clean it up. On September 27th, 2007, we were given less than a 24 hour notice of termination from these positions!" Solis explained, as we listened intently.

On the following day, of September 28, 2007, the employment of eighteen janitors from the SEIU Local 87 Union ceased to exist, without any reasonable explanations for their terminations and with less than 24-hour notice. The Union workers had been cleaning the new San Francisco Federal Building for its grand opening when they were notified of their termination.

The American Building Services (A.B.S), a janitorial service contractor, contracted the janitors for the work at the federal building. A.B.S has also contracted employees at other federal buildings, including one located at 50 Union Plaza, and the Office of the Immigration and Naturalization Services at 630 Sansome Street.

A non-union company based out of San Diego, California, called Exemplar Enterprises suddenly seized the janitors' contract at the federal building from the A.B.S. This company has no office or business license in the Bay Area. Its project manager, known thus far as only Daniela, the company's attorneys, Lewis & Rocca and its president, Martha Lutt, have refused to answer any inquiries into what seem to be illegal practices.

According to sources requesting anonymity, it is a possibility that Exemplar Enterprises President, Martha Lutt, is also an employee of General Services Administration (GSA), potentially causing a serious conflict of interest.

The 18 families of the 18 pink slipped janitors have now been deprived of a holiday season, courtesy of the U.S Federal Government of AmeriKKKa. A.B.S employed by the Government Service Agency, was ordered to wipe the ink off of the union contracts meant for many workers already struggling to provide for their families here in San Francisco.

The fired janitorial employees have many questions, all of which have been left unanswered. Why has Exemplar Enterprises been able to immediately obtain this janitorial contract from A.B.S.? Why was this particular non-unionized company exempt from having to comply with the Displaced Workers Protection Act?

The "special notice" provided by the A.B.S. has given no such information and has thus left its employees confused and in the dark about the abrupt loss of their jobs.

All that is currently known about this mysterious situation are the following facts. On February 10, A.B.S started their new contracted company with 4 out of 17 janitors. A.B.S was unaware of the new contract, so G.S.A decided to give Exemplar the contract. Exemplar proposed a contract that paid employees one dollar less than the Union workers, and reduced the amount of employees from eighteen to eight. They took over the contract, without the Union workers knowing that there was another contract proposed.

The Union employees that were fired were led to believe by federal managers that they would receive employment, by Exemplar Enterprises. It was requested that all the Union workers fill out a two-page application for employment, but employment was not extended to any of them. They were notified of their rejection for employment, in a letter signed the company's president, Martha Lutt. The only conditions for employment by Exemplar for the S.E.I.U Local 87 union members, was for them to sever all their ties to the union, itself.

The Union workers were primarily immigrant workers with families, of low-income status, and of color and are now fighting for the return of their jobs. The employees have been picketing outside the new federal building for two months, since October 1st, 2007. Since their protests, The Immigration and Customs Enforcement Agents (I.C.E) have also arrived using tormenting tactics and deportation threats.

The new Exemplar employees have been overworked, even prompting Exemplar itself to recruit individuals in the vicinity, including workers from the Best Western Hotel, on Seventh St out of sheer desperation. Employees of the federal building have constantly complained of improper custodial work, by the new employees.

San Francisco Board of Supervisor, Chris Daly's office is writing a proposal asking other fellow Board of Supervisor members, to support the janitors' struggle. This might happen as early as next week, and many are hoping this will pass. Andrew Solis has contacted Mayor Gavin Newsom, asking for his support individually, in addition to the support of the entire Board of Supervisors.

"I think it's horrendous how these companies think they can sit back and play with people's lives. With the unions standing in solidarity, that's the only way we can fight them," said Teresita Cruz, Vice President of S.E.I.U.

Exemplar sounds more like "exempt from any and all liabilities."

Please join POOR Magazine on Thursday, December 13th at 12:00 noon for a protest at the Federal Building on 7th street between Market and Mission in honor of the workers and demand their employment back.