On Wednesday, February 16, 2000 the New York Association of Realty Managers (NYARM) introduced a new format for the new millennium: a seminar plus monthly meeting. At 9 AM the seminar Strike Preparedness and Union Relations commenced on The Terrace at Madison Square Garden. Panelists James Berg and Peter Finn from the Realty Advisory Board on Labor Relations (RAB); James Harris, Lance Investigation Service and Nelson Davis, JAD Corporation of America were well received and imparted a plentitude of useful information.

THE RAB

The RAB negotiates collective bargaining agreements on behalf of owners and operators of real property with unions that represent their maintenance and operating employees. They also advise and represent members in the administration of their collective bargaining agreements and in matters concerning personnel and human resources.

The RAB is a multi-employer association with 4000 members, 1000 of whom are commercial. They are represented by a 37-member board. Berg, Finn and other attorneys work for the RAB.

The primary collective bargaining agreement between the owners and union members of 32B/32J expires at midnight on April 20, 2000. As in years past (the contract renews every three years) Mr. Berg and Mr. Finn begin negotiations well in advance of the expiration date. Last time the contract was up for renewal (1997) an agreement was reached the day before the contract expired. This year the deadline is especially significant as it is the second night of Passover and Good Friday eve.

These negotiations can sometimes become repetitious, year after year, meeting with the same people, discussing the same benefits. Well, not this year. Mr. Berg reported that the former president of 32B/32J, Gus Pomona, retired last year. Therefore, Mr. Berg and his fellow negotiators will be dealing with an entirely new group of representatives. It will be interesting to see if this works to the benefit or detriment of the negotiations.

Mr. Berg related to the nearly 100 attendees that negotiations for the next contract begin the day after the last agreement is signed. He is optimistic because "the industry is much healthier than it was three years ago and that's a good thing." He claims that the 32B/32J benefits are among the best of any union, that the owners in this industry have always treated their employees fairly and, if you compared the benefits with equivalent positions in other cities, anywhere in the world, you would find that those individuals do not make nearly what 32B/32J employees make.

Currently, the union's pension fund pays benefits to over 20,000 members each month.

The RAB has set up an emergency notification system for their members. A questionnaire was distributed requesting a fax number or email address, whichever the member preferred, so that the RAB can contact them with instantaneous news briefs on the negotiations. If you wish to be put on this system call the RAB and request a form.

In an effort to disseminate the information they were presenting at this seminar to as many of their members as possible, the RAB will be distributing a strike preparedness pamphlet.

BE PREPARED

You could say the real estate management industry has borrowed the Boy Scouts motto: Be Prepared. Moderator Stephen Elbaz told the audience "we are an industry that hopes for the best, but prepares for the worst." With April 20 as the target date the following precautions were advised:

• Check hourly systems; any repairs should be done in advance of April 20th.
• Any contracts for major work should be completed before April 20 or delayed until after an agreement is signed.
• Test your alarm systems and make sure they are in proper working order. Make sure all equipment is well-secured and protected from vandalism.
• If you use fuel oil schedule a delivery as close to April 20 as possible so that you have a full tank in case of a job action.
• It was suggested that access door locks should be changed and new keys distributed to every tenant.
• Tenant patrols should be set up for garbage detail and checking on fellow residents.
• An independent security guard company should be contracted.
• Since many delivery services will not cross a picket line residents, especially those that have home offices, should be informed and make arrangements with their carriers to pick up packages.
• In many cases, the superintendent also resides in the building and will be available to handle repairs and basic maintenance.

ARBITRATION

The RAB handles labor disputes throughout the year. Peter Finn, an attorney with the RAB told the audience that the bulk of the union workers are hardworking, reliable people. He advised those present that before you fire an employee and go to arbitration make sure the employee is given the opportunity to understand what is expected of him and given the chance to adjust his behavior.

Often in the arbitration process Mr. Finn sees cases where inadequate notice, counsel and warnings were offered the errant employee. He called "not my job" a leadership syndrome, not an employee problem. Unless an employee can show you in writing that he is not required to perform a certain task it is up to the employer to see that he does his work. An employer is entitled to a reasonably healthy employee capable of doing the requested work.

SECURITY

James Harris, senior vice president of Lance Inc. a full service security specialist discussed ways to protect a property in case of a job action. Uniformed guards should be placed at strategic spots, specifically at points of access and egress. It is the responsibility of the guards to allow access to those who belong or are invited to the building.

Mr. Harris advised to change the front door locks and issue new keys to the tenants. In case of a job action this will limit the number of keys in circulation to current tenants, employees and home care attendants and eliminate the possibility of a disgruntled, former employee causing mischief.

The security company should be given a list of emergency phone numbers and contact names for every contractor and service provider for the building. If any work is being done in the building, it is the guard's duty to accompany the serviceman or contractor to the area or apartment he is working in. Remember, guards do not fix things, make repairs, remove garbage or mop. If they are caught doing any of these jobs by a union representative a problem will certainly ensue.

Mr. Harris warned that as April 20th approaches security guard fees will only rise. The early bird will not only get a more reasonable rate but will have the time to properly protect and preserve their property. Besides public access areas guards need to be stationed at legal exits that may not be secured with chains or inside locks.

Each property is unique. By planning early your security firm will have the opportunity to sufficiently analyze your security needs, assess your staff and properly plan for any possible breach of security.

MAINTENANCE NEEDS

Nelson Davis, JAD Corporation of America warned everyone "Do your work in advance." He advised that owners send a letter to the residents explaining the ramifications of a job action, what to expect and what management is doing in order to keep the building functioning in an orderly manner.

Garbage collection and disposal becomes one of management's biggest headaches during a strike. It is advisable to set up a tenant volunteer program to help move garbage from a designated area within the building to the curb on pick up days and then move the cans back to the designated area after pick up.