Transit Security Strike Is Against Heritage Security Systems – Not MTS
By Robert J. Hawkin / SignOnSanDiego / November 9, 2011
SAN DIEGO — San Diego transit security officers have voted to strike Thursday, when many football fans will be taking buses and the trolley to the San Diego Charger-Oakland Raider game at Qualcomm Stadium.
Metropolitan Transit System will “will maintain a full force” regardless how many of the 130 officers walk off the job, said MTS spokesman Rob Schupp
Security, Police and Fire Professionals of America has been attempting to negotiate a first contract for the transit security officers with their employer, Heritage Security Services of San Diego, according to union spokesman and organizing director Steve Maritas.
Maritas said that in the last two weeks talks have broken down.
The union filed an unfair labor practice complaint with the National Labor Relations Board in October, claiming that Heritage is not negotiating in good faith.
A second complaint, filed today, alleges that MTS is inserting itself into the negotiating process and retaliating against security officers who participated in a recent informational picket.
As for the strike on Thursday, “we will be walking out some time during the day,” said Maritas, “whether it is in the morning, afternoon or evening we just don’t know yet.”
The game is scheduled to start at 5:20 p.m. but transit officials are urging fans to board the trolley by 2 p.m. and arrive at the stadium by 3 p.m.
Maritas was reached Wednesday in Michigan, en route to the airport for a flight to San Diego.
He said the exact nature and length of the strike will be determined after he arrives in the city to discuss the action with local union reps. “It depends on what the guys want to do,” he said. “They took a strike vote.”
According to Maritas, the strike vote was 84 to 1 to walk off the job.
Calling the strike “Occupy MTS,” Maritas hastened to note that the action is aimed against the employer, Heritage Security, and not against the contractor MTS. He hopes to tie the strike action into the Occupy San Diego movement, as the union did two weeks ago during the informational picket.
Maritas claims that MTS security officers who participated in the informational picket have been subjected to shift changes, change of work assignments, interrogations and surveillance. “MTS is getting involved and they shouldn’t,” he said.
Schupp said MTS would not comment on those claims. But he said Heritage is obligated to staff the trolley and bus system with security officers and he expected the agency to draw in officers from elsewhere to fill in.
According to Maritas, starting pay for security officers ranges from $8.50 to $10.50 an hour with no sick pay or holiday pay. Officers must pay for their own health benefits, he added.
Further, employees must purchase their own uniforms through the company and must pay to replace equipment like guns, ammunition, pepper spray and handcuffs expended in the line of duty, he said.
NOTICE TO THE PUBLIC
This notice is to inform the Public that Negotiations between the International Union Security, Police and Fire Professionals of America (SPFPA) and Transit Systems Security who provide security services for the MTS, San Diego Trolley have Broken Down and Larry Richman is still Refusing to Give Us Dates to Negotiate. (see below)
The SPFPA has filed Federal Charges AGAINST Transit Systems Security and an Investigation by the Federal Government is underway.
While we initially did not include Heritage Security Services as a party to the negotiation process further review of documents clearly shows Heritage Security Services is the parent company of Transit Systems Security or a joint employer. Due to our investigation we have now amended our unfair labor charges with the National Labor Relations Board to include both companies. (see below).
In addition to the above the SPFPA has filed Federal Charges AGAINST the Metropolitan Transit System MTS and its Manager, Frank Amezcua with the Federal Government in regards to violations we believe constitute retaliatory actions against Heritage Security Services / Transit Systems Security officers who choose to exercised their free speech rights to do informational picketing and hand billing. Based on Frank Amezcua retaliatory actions and other actions by MTS in our labor dispute we believe the Metropolitan Transit System could be a joint employer involved in our labor dispute and a party to the negotiation process.
The Heritage Security Services / Transit Systems trolley officers who patrol the MTS Trolley line are very upset with the way they are being treated by the company citing low wages starting pay ranging from $8.50 to $10.50 per hour, No Sick Pay, No Holiday Pay, No Job Security, No Health Benefits unless the security trolley officer chooses to pay for it themselves. These officers are also required to purchase their uniforms from the company and are responsible for their gear which includes rubber gloves, boots, note paper, cell phone, gun, ammo, pepper spray, baton, handcuffs, permits, training expenses, ect If the officer should use any of the above in the line of duty he or she is responsible to replace them at his or her expense. THIS IS WRONG.
As the largest provider of public transportation in San Diego County, and 2009 winner of the American Public Transportation Association's award for Most Outstanding Public Transit System and in the spirit of the San Diego Living Wage Ordinance, We are Calling Upon Harry Mathis Chairman of the MTS and the City Council Board of Directors to Stand Up and Take Action on Behalf of these Heritage Security / Transit System Security Officers by Putting on Their Agenda and Passing a Living Wage Ordinance which is Equal to or Greater than the City of San Diego Living Wage Ordinance already in existence at other locations througout the City of San Diego. Your/ Heritage/ TSS Trolley Officers are NOT Security Guards They Are Acting in a Police Capacity and such should be Paid Like One!
Transit System Security Clearly Supports our postion by posting on their website:
"What authority do Transit Security Officers have?"
"Transit Security Officers employed by Transit Systems Security are authorized by California Penal Code Section 837 to arrest persons (1) for a public offense committed or attempted in the security officer's presence and (2) when the person to be arrested has committed a felony, although not in the security officer's presence."
Division 42: City of San Diego Living Wage Ordinance
(Added 6/6/2005 by O-19386 N.S.)
§ 22.4201 Purpose and Intent
The City awards many taxpayer-funded agreements to private businesses that provide services to the public and to the City or that are intended to promote economic development, job creation, and retention. The City also owns, operates, manages, or
leases sports, entertainment, or convention facilities and contracts with businesses to use these facilities or provide services at these locations to the public. It is the experience of the City that many of these services to the public and to the City are
provided by workers who live at or below the poverty line. This division provides that when agreements, including service contracts, financial assistance agreements, and City facilities agreements are extended by the City to private businesses these
taxpayer funded benefits are used in a way that advances the interests of the City as a whole, by creating jobs that keep workers and their families out of poverty. This division therefore requires covered employers and their subcontractors to pay their employees a wage that will enable a full-time worker to meet basic needs and avoid economic hardship. Paying service employees a living wage is intended to improve the quality of services provided to the City and to the public by reducing high turnover, absenteeism, and instability in the workplace. This division also promotes the City’s policies and programs that seek to meet the employment and economic development needs of the City and its workforce.
While the majority of Heritage Security / Transit System Security trolley officers make $8.50 to $10.50 per hour with No Sick Days, No Holidays, No Healthcare Benefits our SPFPA Members working at the Federal Buildings in downtown San Diego make more than the San Diego Wage Determination which includes a welfare rate for health benefits and other benefits.
Below is the Wage Determination for San Diego on Federal Contracts. As you will see the Trolley Officers who act as Police Officer 1 are paid at a rate of $35.16 per hour and $23.51 Guard II ( for a armed guard. )
A Unarmed Guard - Guard I rate is $13.86 far Higher then the the rates presently being paid these officers $8.50 to $10:50 per hour. These rates dont include the HEALTH AND WELFARE RATES : $3.59 per hour or $143.60 per week or $622.27 per month
WD 05-2057 (Rev.-12) was first posted on www.wdol.gov on 06/17/2011
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REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
|
|
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| Wage Determination No.: 2005-2057
Diane C. Koplewski Division of | Revision No.: 12
Director Wage Determinations| Date Of Revision: 06/13/2011
_______________________________________|____________________________________________
State: California
Area: California Counties of Imperial, San Diego
____________________________________________________________________________________
**Fringe Benefits Required Follow the Occupational Listing**
27101 - Guard I 13.86
27102 - Guard II 23.51
27131 - Police Officer I 35.16
27132 - Police Officer II 39.06
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $3.59 per hour or $143.60 per week or $622.27 per month
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A
contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174)
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made
the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.
To Help us in our Fight To Gain RESPECT and a San Diego Living Wage Ordinance for these MTS Contracted Trolley Security Officers the SPFPA will be seeking the help from the following UNIONS and organizations listed below. For more information on how you can help please contact Steve Maritas SPFPA International Organizing Director at 646-567-6456.
