Houston Chronicle

Case could affect union tactics

Janitors group calls it a free speech matter, but the company says SEIU went too far

- By L.M. Sixel

A state court jury could decide as early as Tuesday whether an aggressive organizing campaign by the Service Employees Internatio­nal Union went too far when it accused a Houston cleaning company of systematic labor law violations, a verdict that could affect the tactics unions employ to sign up members and negotiate contracts.

The case, involving Profession­al Janitorial Service and the SEIU’s efforts to organize the company’s workers, pits what the union says are its constituti­onal rights to free speech against the company’s claim that the union’s unfounded charges that it broke the law drove clients away and cost it millions of dollars. The four-week trial, which ended Thursday with closing arguments, put the union’s hardball tactics under a microscope and forced the SEIU for the first time to defend those methods in front of a jury.

“They know they are busted for the first time ever,” John Zavitsanos, the Houston lawyer representi­ng the company, told the jury. “You’re it. The 12 of you can stop it.”

For years, companies have complained about the SEIU’s aggressive campaigns to pressure them into recognizin­g the union and negotiatin­g contracts, campaigns that often included a barrage of regulatory complaints against companies, reports of rampant problems at the firms, and protests to disrupt business and keep the spotlight fixed on the target. Other companies have sued SEIU before but have settled before they went to trial, according to evidence and testimony in the case.

In 2011, for example, the internatio­nal food, maintenanc­e and cleaning company Sodexo sued the union under federal racketeeri­ng laws, accusing SEIU of unleashing “an avalanche of malicious attacks” to extort concession­s from the company during a campaign to organize 120,000 Sodexo workers. The lawsuit, filed in Virginia, was settled before it went to trial.

The Houston case stretches back more than a decade, when SEIU launched its “Justice for

Janitors” campaign here, organizing workers at the city’s five biggest commercial cleaners and negotiatin­g contracts with them. Profession­al Janitorial Service, the sixth largest, refused to recognize the union without a vote, by secret ballot, of its workers.

SEIU went on the attack, accusing the company of forcing employees to work off the clock and firing them for union activities, then spreading the allegation­s among the company’s clients, according to court documents. The union also used its connection­s with politician­s and pension funds, which invest in commercial real estate, to steer cleaning contracts away from Profession­al Janitorial Service, according to court documents.

And each time a large property management company agreed to drop Profession­al Janitorial Service, union officials celebrated, according to emails introduced into evidence.

The Labor Department did not find any evidence of widespread wage violations at Profession­al Janitorial Service, and the National Labor Relations Board dismissed unfair labor practice charges brought by the union. In 2007, the company sued SEIU in state District Court in Harris County, alleging that the union engaged in a smear campaign to ruin the company’s reputation and business. The company is seeking $5.3 million in damages.

The jury began deliberati­ons Thursday afternoon and will resume Tuesday.

In closing arguments, the union’s lawyers said that SEIU might have used tough tactics that could be seen as heavy-handed, but the union still had the right to use them. Union officials exercised their rights to free speech when they made the unfair labor practice charges, which were based on interviews with workers and other evidence, the lawyers said.

“We took on the monumental task to organize minimum wage workers who live in the shadows, who eke out a living in this country,” Craig Deats, an Austin lawyer representi­ng the union, told the jury.

But Zavitsanos, the company’s lawyer and a partner at Houston firm AZA, argued that union’s attacks went well beyond free speech. They were part of a calculated strategy to harm the business simply because Profession­al Janitorial Service would not give in to the union’s demands, he said.

What the company endured, Zavitsanos told the jury, came straight from “the playbook,” the union’s “Contract Campaign Manual.” The manual, which was introduced as evidence, lays out how union leaders can file complaints with regulators, challenge government-issued permits and approach lenders with damaging informatio­n about employers.

To ramp up the pressure, the union can then issue embarrassi­ng reports to the media, elected officials and community leaders, according to the manual, first written in the 1990s and updated a decade ago with an introducti­on from SEIU internatio­nal president Andrew Stern.

“Key management officials may find that they or their staff are unable to do their normal work because they must spend so much time responding to the union campaign,” according to the manual.

The goal was to “bury them in legal bills,” Zavitsanos told the jury. “It never stopped. Day after day, month after month.”

Philip Durst, another lawyer representi­ng the union, responded in his closing argument that the case was not about the union’s manual.

“There was not one shred of evidence that anyone in Houston knew about it or used it,” he said.

Vonne Harris, one of two alternate jurors excused from the panel at the end of testimony, said she became puzzled by the union’s organizing strategy as she listened to the case unfold.

“If the union was strictly interested in the well-being of the workers,” said Harris, who manages her husband’s accounting office, “why would it try to put the company these workers are working for out of business?”

 ?? Gary Fountain ?? Francisca Reyes, left, and Austrobert­a Rodriguez march in a rally for janitors in June.
Gary Fountain Francisca Reyes, left, and Austrobert­a Rodriguez march in a rally for janitors in June.
 ?? Houston Chronicle file ?? Protesters in 2012 sit in the intersecti­on of Dallas and Smith in support of better pay for janitors.
Houston Chronicle file Protesters in 2012 sit in the intersecti­on of Dallas and Smith in support of better pay for janitors.

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