Janitors' Contract

The New York State Labor Relations Act (Art. 20 of Chap. 31 of the New York State Consolidated Laws) governs collective bargaining in New York State and requires schools and other employers to bargain in good faith with groups of employees. That does not sound so bad until you read the contracts.

The City Council, led by Eva Moskowitz, held hearings on the Janitors' Contract in November of 2003. Some high points from the testimony:

• Ten Foot Rule / 75 Tiles (pp. 35-40):
  • Custodians are not permitted to paint higher than ten feet from the floor;
  • The rule is a result of an AFL-CIO-determined compromise to settle a jurisdictional debate between painters and custodians. (p. 36 & p. 86);
  • The rule requires coordination with painters to get painting completed properly, but the coordination is not usually smooth. (p. 37);
  • Custodians are not permitted to replace more than 75 tiles per month, otherwise the work must be sent to skilled trade workers or a private contractor (these "task-based" rules apply to other similar minor repairs). (pp. 39-40);
  • Under the switch to performance-based compensation in 1994, principals and custodians can override the limitations of some of these "task-based" rules, provided there is no jurisdictional issue. (p. 40).
• General Repairs:
  • Custodians are limited to performing minor patchwork -- for more involved projects, schools must request work through the regional office that prioritizes requests and assigns tasks to the Skills Trade Office for execution by licensed professionals. (p. 13 and 91);
  • Custodians are prevented from performing such general maintenance as replacing ballasts, installing outlets, installing bathroom stall doors, removing paint from ceilings, etc. (p. 13 114);
  • The timing of repairs when referred to the regional office (pp. 93 & 127):
    • Hazardous conditions typically repaired immediately;
    • Routine repairs take up to several months.
• Indirect System of Compensation:
  • Custodians are given a certain amount of money for their school budget. The custodian's salary is the amount left over after a budget has been set for the year. There is a graduated maximum amount custodians can take home based on the size of the building. (pp. 19-24);
  • The amount budgeted for each school is determined by certain factors delineated in the contract. These factors do not take into account (pp. 16-19):
    • the building's age;
    • the current condition of the building;
    • the capacity of the building (i.e., all esle being equal, a school filled to 100% capacity gets the same amount of money as a school filled to 140% capacity);
  • Funds leftover at year's end, after custodian compensation is deducted, goes into an account fully controlled by the custodian with audit rights held by the Board of Education. (pp. 26-29).
• Refrigeration License (Air Conditioning Systems) (pp. 29-35):
  • 250 of 1200 schools have systems that require custodians to have a refrigeration license;
  • The contract requires 500 schools to have custodians with a refrigeration license (notwithstanding the fact that only 250 have systems that warrant such a license);
  • Custodians with refrigeration licenses are difficult to find, causing delays in replacing custodians who leave their jobs;
  • A vacancy in a building that requires a refrigeration license often requires that building to be placed into "Temporary Care."

Principal's Role:

• Principals do not receive their custodial budget in the normal course. (p. 44);
• Principals do have the right to request budget information and to meet with the Custodian and the Regional Manager. (pp. 41-44);
• The principal retains overall responsibility for the building while the custodian supports overall maintenance goals.
• Evaluation/Removal of a Custodian:
  • There is a lengthy road to removal, including heavy documentation requirements. (pp.123-125);
  • Custodians cannot be transferred without an appropriate evaluation. If a custodian wants to transfer but cannot because of a low rating, it may become a union issue. The principal is forced to negotiate with the custodian, meaning that if certain issues are attended to, a higher rating will be provided so the custodian can transfer. (p. 112).

Read more on the collective bargaining law here.

SEIU Local 300 negotiates on behalf of the janitors. SEIU was formed by janitors and chartered in 1921 as the Building Service Employees International Union (BSEIU).