UPDATE - June 6, 2011
AB 350 which creates a protected class of building services employees – employed with private sector companies – passed the California State Assembly last week.
Should this bill be signed into law, tenants and property managers will not see a change in the staff responsible for day-to-day services when they hire a new company. And new companies – union or non-union – will be forced to take on employees that they have not screened and who may not be up to the required tasks.
AB 350 is extremely unfair to productive workers as it would displace employees who work for a service provider that has successfully competed for a new contract with employees from the previous company that lost the job -- even if the reason for losing the contract was poor performance of the now protected employees.
The measure now moves to the Senate, where BOMA California will work hard both in Sacramento and in the various Senate districts to defeat this measure.
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Original Post - June 6, 2011
Attention BOMA San Francisco Members:
The commercial real estate industry is facing a continued threat from Assembly Bill 350 (AB 350) introduced by Assemblymember Jose Solario (D, Santa Ana) in the California Legislature. This measure has the possibility of being voted on the Assembly Floor as early as May 31, 2011.
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.
BOMA California needs your help! Please take a moment to fax a letter, write an email, or call the California Assemblymembers and Senators (contact if information, below) to express your opposition to this legislation NO LATER THAN CLOSE OF BUSINESS ON MAY 31, 2011.
Why Oppose This Measure?
1. It ties management's hands forcing them to retain workers from a previous employer, and undermining California's at-will employment presumption;
2. It extends the current Displaced Janitor law from 60 days to 90 days;
3. 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;
4. This legislation would pass on the liability of employing undocumented workers to successor employers, thus potentially forcing employers to break Federal law to comply with State law.
Who Should I Contact?
- Assemblymember Fiona Ma (D, San Francisco)
- assemblymember.ma@assembly.ca.gov
- Fax (916) 319-2112
- Office (916) 319-2012
- Assemblymember Jerry Hill (D, San Mateo)
- assemblymember.hill@assembly.ca.gov
- Fax (916) 319-2119
- Office (916) 319-2019
- Assemblymember Jared Huffman (D, Marin)
- assemblymember.huffman@assembly.ca.gov
- Fax (916) 319-2106
- Office 916) 319-2006
- Assemblymember Mary Hayashi (D, Hayward)
- assemblymember.hayashi@assembly.ca.gov
- Fax (916) 319-2118
- Office (916) 319-2018
- CA Senator Mark Leno (D, San Francisco)
- senator.leno@senate.ca.gov
- Fax (916) 445-4722
- Office (916) 651-4003
- CA Senator Leland Yee (D, San Francisco)
- senator.yee@senate.ca.gov
- Fax (916) 327-2186
- Office (916) 651-4008
A sample letter can be downloaded by clicking here. A short backgrounder/fact sheet is available for your use by clicking here.
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