Friday, June 10, 2011


Attention BOMA San Francisco Members:

The commercial real estate industry is facing a serious threat from Assembly Bill 350 (AB 350) introduced by Assembly Member Jose Solario (D, Santa Ana) in the California Legislature. This legislation HAS PASSED THE ASSEMBLY AND IS HEADED TO THE STATE SENATE. We need you to contact Senators Mark Leno and Leland Yee immediately and ask them to oppose this bill! Both serve on the CA Senate Labor Committee which will be voting on this legislation in a couple of weeks.


What Will This Bill Do, If Enacted?

This bill would extend existing law requiring janitorial contractors to retain employees who were employed at the site by the previous contractor for at least 60 days to an additional number of services utilized by building owners, including security, building maintenance, landscaping, and window cleaning.

Why Oppose This Measure?
  • It ties management's hands forcing them to retain workers from a previous employer, and undermines California's at-will employment presumption; 
  • It extends the current Displaced Janitor law from 60 days to 90 days;
  • It ensures that the incumbent union will remain the bargaining representative under the "successor employer" doctrine - regardless of whether the successor employer has a collective bargaining agreement or not. The decision to unionize a business should be made following the procedures outlined in the National Labor Relations Act, and not forced on either party, employer or employee, through legislation; 
  • This legislation could pass on the liability of employing undocumented workers to successor employers, thus potentially forcing employers to break Federal law to comply with State law. 
  • Is a terrible precedent that would invite many other worker occupations in other industries to seek the same job protections. 
Act Now!

A sample letter can be downloaded by clicking here. A short backgrounder/fact sheet is available for your use by clicking here.

Members should feel free to personalize the letter.

Letters will be most effective if they are faxed to both the Capitol and District offices. They will be even more effective if followed by a phone call to register your opposition.

Feel free to share this letter with your contacts in the other impacted industries (your landscapers, security contractors, building maintenance firms, window washers, food service vendors, etc.).

Remember to send us a copy of the letter by email to or via fax at (415) 362-8634.

The Contact Info:
  • CA Senator Mark Leno (D, San Francisco) 
    • Fax 
      • Capitol Office (916) 445-4722 
      • San Francisco District Office (415) 557-1252 
      • San Rafael District Office (415) 479-1146 
    • Phone 
      • Capitol Office (916) 651-4003 
      • San Francisco District Office (415) 557-1300 
      • San Rafael District Office (415) 479-6612 
  • CA Senator Leland Yee (D, San Francisco) 
    • Fax 
      • Capitol Office (916) 327-2186 
      • San Francisco District Office (415) 557-7864 
      • San Mateo District Office (650) 340-1661 
    • Phone 
      • Capitol Office (916) 651-4008 
      • San Francisco District Office (415) 557-7857 
      • San Mateo District Office (650) 340-8840 

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