The contract between the owners and operators of residential apartment buildings in New York City represented by the Realty Advisory Board on Labor Relations (RAB) and Local 32B-32J of the Service Employees International Union will expire on April 20, 2000. It is possible that an employee strike could take place at that time.
RAB and Local 32B-32J are currently engaged in negotiations for a successor contract and are hopeful that a strike can be averted, but tenants and owners of affected buildings should be prepared for a possible job action.
In the event of a strike, it is the obligation of the owners and managers of a residential apartment building to provide tenants with the best level of service possible. This requires making certain decisions and arrangements well in advance of April 20th.
Following are some suggested guidelines for preparing your building and its residents.
ADVANCE PREPARATIONS
Comprehensive Check of Building Systems: Because repair workers may be reluctant to cross a picket line in the event of a job action, you should conduct a thorough check of building systems well before the 20th of April. Oil burners, elevators, water pumps, roof tanks, HVAC systems, etc. should be inspected to insure proper operation. Any necessary repairs should be completed before April 15, 2000. Arrangements should be secured for any key management staff needing hotel accommodations during a job action.
Test Alarm Systems: Security is of paramount importance during a strike. Any alarm system or other security devices in your buildings should be tested to make sure they are fully operational. Needed repairs to all essential systems should not be delayed.
Review Insurance Coverage: Check your insurance policies to determine precisely what coverage you have during a strike. You may want to purchase additional liability insurance, coverage for vandalism or special coverage if residents will be operating building machinery such as manual elevators, etc.
Secure Equipment: Care should be taken to secure all building machinery and equipment rooms at least 24 hours before the strike deadline. This will prevent unauthorized persons from entering those areas and thereby protecting against vandalism.
Operation of Building Equipment: If Local 32B-32J members are operating critical building equipment, it is imperative that a suitable replacement person be found in the event of a strike. Qualified individuals should be carefully selected and trained prior to the strike, and should be willing and able to fill in at any time in the event of a strike. If any building facilities are to be operated by tenants during a strike, be sure that they have been properly instructed and check with your insurer as to the availability of liability coverage.
Incinerators and compactors should be cleaned on a daily basis. Unless qualified people are available to clean and check this equipment on a daily basis, it is advisable to discontinue their use in the event of a job action. Be sure to seal the hopper doors on each floor to prevent unauthorized disposal of garbage in a non-operating incinerator or compactor.
Manual and Freight Elevators: A training program should be organized and supervised for qualified replacement workers. Part of this training should include the location and operation of the main elevator power supply controls. Extra security should be given to this area and consideration should be given to limiting the number of elevators kept in operation during a strike.
Engage Security Guards: Arrangements should be made, well in advance, to guarantee that you will have as many security guards as you will need in the event of a strike. Buildings with doorpersons/lobby attendants should replace them with security guards, locking all doors and allowing access only to building residents. Security guards should be in constant radio communication. A manual should be prepared with phone numbers for the police, fire and sanitation departments and emergency numbers for all the vendors that service the building (plumbers, elevator maintenance, electrician, etc.)
Update List of Residents: The security guards attending the lobby during a strike will need a list of tenants, tenant employees and sub-tenants in the building. Tenants should provide home, work and emergency phone numbers. Arrange the tenants alphabetically on one list and by apartment number on another. Both lists should be available to security personnel.
Keep Fuel in Good Supply and Secured: If your building utilizes fuel oil, arrange for a delivery just prior to April 20th. If no strike occurs on April 20, but no agreement has been reached, it is advised to re-order fuel as soon as the tank is 3/4 full. In the event of a strike, picketing workers may prevent the delivery of fuel. It is also advisable to secure the access (filler pipe) to your fuel supply in order to prevent vandalism.
Provide for the Elderly and the Infirm: Certain building residents will be more seriously affected by a strike because of advanced age or disability. Try to ascertain before the strike deadline which residents may fall into this category. Arrangements should be made to help them if a fire or other emergency should occur during a strike. A volunteer tenant representative should be assigned to help them with removing garbage, receiving deliveries, etc.
Garbage Collection: Garbage collection is a major problem to face during a strike. Often, sanitation employees will not cross a picket line to pick up garbage unless the Board of Health has declared a health emergency for the building. To facilitate garbage collection, purchase a large quantity of garbage bags and make them available to residents. Tenants should be encouraged to cooperate in this important aspect of building comfort during a strike.
Mail Distribution: The post office requires that one individual be designated to receive the mail. If mail must be distributed, a tenant group or management personnel should be designated to oversee this task.
Cleaning: Building owners and operators may wish to consider alternate means to provide some basic cleaning to the building, such as the periodic use of service contractors or the use of voluntary service by the residents.
Keys for all Residents: In buildings with lobby attendants, many residents are accustomed to entering without a key. Yet, during a strike there may be unforeseen periods when neither an attendant or guard will be available. Tenants in such buildings should be reminded to carry their keys at all times. It may be advisable to change the locks and distribute keys in order to keep access limited to all essential personnel and current tenants.
Garage Facilities: If a building has a garage with service employees, a decision must be made whether or not to close the garage in the event of a strike. Be sure to notify anyone who uses the garage if it will not be open during a strike.
Union Superintendents: If your building superintendent is covered under the Resident Managers and Superintendents Agreement, their contract does not expire until June 20, 2000. Until that date, he or she will continue to work pursuant to the contract, even if the rest of the employees are on strike. Resident managers and superintendents are not required to do the work of striking employees and should not be required to perform their duties except for emergencies involving health and safety. They are required to perform their normal duties.
Notice to Building Tenants: A letter should be sent to all building residents explaining that a strike may take place if a satisfactory contract cannot be negotiated. The letter should outline the procedures that will be followed in the event of a strike and should urge the residents to volunteer to take on responsibilities to keep the building functioning as smoothly as possible.
If a Strike Occurs: Strike notices should be posted in visible locations. Sample notices can be obtained from the RAB.
Establish a "Reserved Gate" System: In some residential buildings it may be possible to establish a reserved gate system in the event of a strike. Buildings with ground floor retail space may be particularly suited to the implementation of reserved gates. By setting up such a system, you may be able to limit picketing to the reserved gate and reduce its imposition on tenants.
Provided that you are vigilant about properly maintaining it, a reserved gate system in certain residential buildings may also be enforceable under the labor laws. Guidelines for the establishment of such a system can be found in the RAB Building Preparedness Information brochure.
Other Special Needs: The contract expiration date falls at the beginning of the Passover holiday. Residents who are expecting guests or are hosting gatherings should be alerted to the possibility of a strike and management should have arrangements in place to provide for extra security or other items which may be necessary. Residents using caterers should be requested to inform the caterer of the situation and have the caterer provide for garbage removal, etc.
Long Haul Considerations: Although strikes in the residential sector have normally lasted one or two weeks, the 1996 strike in the commercial sector lasted more than 30 days. Experience has demonstrated that methods involving volunteers and residents performing services are effective in short-term emergencies, but should be replaced or at least supplemented with other methods, such as service contractors, as rapidly as possible. This will minimize any inconvenience to residents who also have busy schedules and obligations which prevent them from being available for volunteer work over an extended period of time.
For further information or clarification of any of the above you can contact the RAB at 212-889-4100; 292 Madison Avenue, New York, NY 10017 and www.rabolr.com.