The Devil at My Doorstep

by David Bego

  Just when I thought things might calm down, they got worse. On May 2, someone at SEIU had quite a novel idea. Fifteen or so organizers strode into the Market Tower lobby and released several hundred purple and yellow helium balloons imprinted with “Justice for Janitors.” Beating on drums and chanting accompanied the surge as the balloons floated to the ceiling of the four-story atrium.

  As I sat alone in my office and tried to comprehend what was occurring, I lowered my head into my hands and prayed that such incidents would cease. I hated it that my customers were being subjected to the harassment and would have understood perfectly if they had called and canceled our contracts. But so far, with the exception of businesses such as Lilly and Wellpoint that would not even let us bid on contracts for fear of reprisals and bad public relations, our customer base stayed firm.

  Because the tactics employed thus far were obtaining minimal results, if any, SEIU organizers began getting personal about convincing our employees they better become union members. On May 4, a security officer at Market Tower reported an “older white woman with a green blouse and black pants with long blondish hair . . . jumping out of her car when EMS employees were walking into the building.” When the employees were reluctant to speak, the woman offered them five dollars to listen. After the woman grabbed one employee’s arm, police were called. When they arrived, the protesters were asked to sit down and names were taken. A few days later, another incident occurred and police told protesters they would be arrested if they returned.

  One of the women accosted was a 55-year-old employee named Mary. She worked hard and we valued her as a worker. But her age and frailty didn’t concern the organizers who offered her five bucks to listen to union propaganda and to sign a union card. They were bullies and knew Mary could easily be influenced and intimidated. Despite her repeated refusals to sign a union card over the next four months—asking for police help and private escort to her car—she finally broke down, signed their card, and went on strike for them. What a pity as this kindly woman, paid by the union while she was on strike, was then cast away like a rag doll later when they were through using her. Bullies caused Mary to lose a good job complete with benefits. She was a true victim of the war. We had actually filed charges against the SEIU alleging they had harassed and intimidated our employees including Mary, but the charges were dismissed because the employees were afraid to come forward during the investigation. We later learned that the NLRB actually had documented knowledge of her harassment by the SEIU based upon an affidavit she gave during their investigations of the SEIU’s charges against EMS. Despite these obvious facts, the NLRB could not or would not put two and two together and protect Mary, which was their primary job. The war continued to escalate on several fronts, especially in Cincinnati where flyers were handed out at a customer’s building. A new tactic emerged, SEIU chastised the insurance company for charging policyholders higher insurance premiums “just because of their race.” Injecting the race card shocked me, as did the inference in the flyer that the company used a cleaning company where “most of the [workers] are African-American,” implying EMS was guilty of some sort of racial discrimination as one that paid “poverty wages.”

  Continuing the attack on all fronts, SEIU sent a scathing letter to one of our large Indianapolis customers alleging that we refused “to agree to a process to turn positions into good jobs with health care,” a reference to the union’s implication that we were the bad guys preventing the city’s janitors the “ability to compete for good jobs in the future.” In fact, our positive response to workers’ needs to the tune of better than average wages, health care, and benefits was squarely in line with promoting an atmosphere where our company could compete for good jobs in the future. Fortunately, they understood and knew the true EMS and did not buy into the union propaganda.

  As the criticism and the protests piled on, sometimes by the end of a workday, I wanted to escape to Mars where I could find some relief from the tension and the conflict. But as commander-in-chief of our troops, there was no time for such things—new challenges arose every time I picked up the telephone, read an e-mail or newspaper, or perused a letter telling me of yet another union incident. Barb was my comfort during these times as she always had been along with members of my family and friends both at home and at the office. All were encouraging, all kept telling me to keep the faith, that if nothing else, we would outlast Stern and the SEIU. But some days I wondered if they would ever quit despite our efforts to the contrary.

  On the morning of May 11, I learned of potential violence occurring the night before when SEIU organizers prevented EMS female workers outside Market Tower from entering their cars. Money was once again offered if the scared employees would listen. When the workers tried to leave, they were prevented from doing so. Police were called and the employees had to be escorted to their cars. How long would it be, I feared, before someone overreacted and blood was spilled? How I prayed this would never happen.

  Seven days later, an arrest was finally necessary when Rev. Cushman Wood led a group of about 40 protesters as they marched down the street toward Market Tower singing, “We Shall Overcome.” When they “camped” in the lobby, a police warning was issued to six clergy, including Father Tom Fox; they were arrested. The Indianapolis Star reporter indicated, “The arrests were a dramatic escalation of protests that have gone on for more than two years in Indianapolis on behalf of janitors.” Rev. Wood, after stating that EMS was the culprit as we had “rebuffed” SEIU’s plan to unionize, was quoted as saying, “What’s going on in Indianapolis is economic segregation. People don’t have a livable wage.” Thankfully, the reporter presented both sides of the story by quoting the Market Tower property manager we dealt with: “Full-time janitors who clean the building are paid better than typical union wages and offered health insurance.” This was presented in one of the final paragraphs of the article, one titled, “Going on Faith to Jail: Clergy Members Arrested,” making me wonder whether anyone read our side of the story. But at least it had been printed; other media reports were as one-sided as the Detroit Lions 2008 won-loss record.

  On the Sunday following the arrests, as I walked into my own church, I wondered whether fellow parishioners questioned my def ant attitude toward the union. Was God on the side of the workers and was I being a Judas-like foil, a traitor to their rights, a less-than-caring corporate figure-head whose only god was the almighty dollar? No one said anything, but as I looked around, I hoped people understood my position and that in reality, I was being an advocate for the employees not their enemy. How I hoped they knew me well enough that I could continue to have their respect. One reason I believed this was possible had been the supporting words of our pastor whom I had spoken to on several occasions about the situation. I knew he was in our corner as were many parishioners who were aware of the situation and the one-sided stories in the press.

  Hoping to present our side of the facts once again, I had sent a two-page letter to clergy members stressing my desire to “be sure that you have the full story about EMS and that you know the truth about the union you are supporting.” I then detailed the advantages workers enjoyed at EMS, while discounting any perspective that we did not respect employee rights. I also hit the objections I had to the Neutrality Agreement and pointed to an incident where workers in Oregon had filed charges with the NLRB that “the union [SEIU] used outdated cards in order to secure representation without an election” in violation of the secret ballot provisions and even the card check process. When several smaller SEIU locals in California merged, I noted, workers had to reapply for jobs, take pay cuts, and do one year’s probation while quoting the California Local SEIU President who said, “I’m ashamed to say that I am a member of SEIU.” Closing, I reminded the clergy of SEIU’s relentless and ruthless campaign against EMS and the f ling of several frivolous claims with the NLRB while stating once again my support for secret-ballot elections as provided by law. Whether these words changed anyone’s mind
I did not know, but whenever a chance appeared to tell our story, I took advantage of the opportunity. More than anything though I was careful not to lower myself, or EMS, to the SEIU’s level and disparage them with cutting remarks cast out when I was upset. I wanted EMS to always be above the fray and be professional; a goal I believe we accomplished every step of the way.

  Regardless, during the early part of June, EMS was peppered from all sides with NLRB charges, OSHA charges and then flyers, handbills, letters and faxes to clients, protests, and demonstrations, all portraying our company as the evil dragon trying to suppress employee rights. One flyer left at Indianapolis Power & Light read in part: “IPL SEE THE LIGHT,” “Civil Rights and Freedom of Speech stomped at EMS account – Janitors Press For Investigation.” What investigation was this? And by whom? How I would have welcomed a full-scale investigation in an objective forum. The first witness I wanted to call was Stern.

  On June 12, a new tactic was pulled from the SEIU arsenal when four people claiming to be painters entered a customer’s building in Cincinnati. Before their credentials could be checked, they sped up the steps before returning a few minutes later. When the building manager checked, the intruders had positioned a huge banner imprinted with the words “Western Southern Chooses Corporate Greed Over Community Need – Justice For Janitors.” Hearing that word “greed” used to label both our customers, and by inference, EMS, broke my heart. Was there no end to the SEIU war to destroy everything I had worked nearly 20 years to build?

  The War Rages On

  “YOU PERSONALLY RAN AFTER SOME EMPLOYEES WHO WANTED TO BE organized.”

  When I read this e-mail from a colleague in Cincinnati, I wanted to throw my telephone through the large window glass a few feet from my desk. Was it possible someone thought I would ever do such a thing? Apparently so, as this colleague also wrote, “I have a witness for you who can say that he was told that directly by the SEIU.” Thankfully my colleague would later e-mail, “My client was incensed with the mere suggestion of it. He knew it was utter garbage.”

  Personal stains on my reputation had become common-place during this SEIU war, something I had never endured before. We all have egos, but this was more about simply who I was and the accusation that I would ever chase after someone who was interested in becoming involved in a labor union. Despite the pain, I had to chuckle as I tried to imagine a six-foot four-inch fellow with a bad knee galloping after a worker screaming “No union! No union! No union.” With this in mind, I simply e-mailed my colleague back, “The SEIU organizers do have active imaginations.”

  What actually occurred was this—I was downtown for an IPL meeting and as I left the building, I noticed there was a space available for rent. As we were looking for a recruiting office, the leasing agent guided me to the elevator and then to a vacant office, one, ironically, right next to the one occupied by SEIU. Two guys, both wearing SEIU T-shirts, then appeared and told us our renting wasn’t a good idea. We left that floor and went to the agent’s office where I explained the situation. She agreed that EMS renting the space would not work. I left the building, and the two men fell in lockstep with me. One named John, whom I later discovered was the fiancé of Rebecca Maran, SEIU’s chief organizer and manager for Indianapolis, asked what I was doing there, and when I told him it was really none of his business, he began, as did the other fellow, to berate me for my anti-union stance. This occurred for a couple of blocks or so as I attempted in every way to keep things calm. Finally, I went one way and they another. Then the e-mail arrived alleging that I had run after union organizers to chase them away. This was untrue, but even the sense that I was being followed and that I had to watch every move I made out of concern for my safety was new to my way of life. All I could do was carry on and ready myself for the next SEIU assault.

  Protests and rallies where handbills and flyers were handed out, and letters sent from clergy including Rev. Wood and Rev. Hawking to customers continued through the middle of June as warmer temperatures covered the Midwest. The clergy committee’s letter on June 12, once again included the names of 125 supposed supporters from different denominations. I wondered if they had read and checked the facts before they signed the document or just placed blind faith in what the SEIU told them.

  On June 19, a flyer was passed out with the following information: “THIS IS IT!! Join Jobs with Justice in this nationwide RALLY in support of the EMPLOYEE FREE CHOICE ACT.” Below this language were the words, “Tell Senator Lugar That YOUR rights ARE important.” Along with the flyer was another titled “Employee Free Choice Act: Ten Things to Know.” Facts in support included: “American workers want to join unions. Research shows nearly 60 million would form a union tomorrow if given the chance,” “Too few ever get that chance because employers routinely block their efforts,” “The Employee Free Choice Act would give workers a fair chance to form unions,” and “The Employee Free Choice Act would put democracy back into the workplace.” Wow, while I disagreed with much of what was written, this final statement caused my brain to nearly boil over. How in the world, I wondered, can the card check procedure be more democratic than the secret ballot process when under the card check system, workers cannot vote in private like they do in general elections? If anything, the card check process is undemocratic, but the SEIU twisted the words around so as to inflame those who had no idea of EFCA’s true colors.

  On June 22, a demonstration was held on 7th Avenue in Pittsburgh outside one of our customer’s buildings with the organizers shouting, “Hey, hey, EMS has to go.” By August, following distribution of a flyer stating, “Activist Fired by EMS at Market Tower,” more customer letters distorting the truth about our treatment of employees, and even a dossier had been prepared about EMS called, “The Truth About Executive Management Services: A Workers View of the Indianapolis Cleaning Contractor That is Standing in the Way of Better Jobs.” Free lemonade was used to influence potential supporters when those protesting EMS set up a lemonade stand in an attempt to gain sympathy for the union cause. Additionally, they reportedly had pre-programmed cell phones with the Market Tower owner’s telephone number. Supporters then flooded the line with calls clogging the voice-mail lines.

  The flyers used had photographs of kids detailing how their parents worked for poverty wages and were forced to work two and three jobs to make a living. It was reprehensible to use kids to make the union point, especially when there was big screen TV in the background and the truth was that their parents were earning higher wages at EMS than those negotiated by the union.

  Realizing my temper limit was fast approaching as we continued to be bombarded by the enemy, I decided on a tactic designed to call SEIU’s bluff. With assistance from my legal experts, we drafted a paid newspaper advertorial with the headline, “Dear SEIU, Please ‘Fish or Cut Bait!’” Five paragraphs outlined several important aspects in our war with the union, including the opening sentence: “For several months now EMS, Inc, a local commercial cleaning firm, has been under an undeserved and relentless attack by the Service Employees International Union (the ‘SEIU’), a multi-million dollar labor union headquartered in Washington, D.C.” Then we informed readers that, among other things, “EMS janitors are among the highest compensated in each of its markets.” We continued, “Because the union cannot convince EMS employees that a union and its dues, fees, fines, and assessments are in their best interests, the SEIU has pressured EMS customers to stop doing business with the company,” and “. . . the union is currently under investigation by the NLRB in Indianapolis and Cincinnati for these stunts.” To indicate our willingness to proceed according to law, we added, “EMS is very willing to let its employees vote in a secret-ballot election conducted by the federal government to decide whether they want to be members of your union or not.”

  My hope was that business owners in Indianapolis and beyond would understand our position more clearly. And by stating in the final paragraph, “If our employees vote your way, you will have what you want.
If our employees vote against you, please take your organizing effort to another city or group of employees who desire what you are selling,” I was trying to force the union to take a stand. Of course, they did nothing as they knew if a legal secret-ballot election was held, EMS employees would send them packing.

  Flyers written in Spanish were distributed by SEIU for an August 15, 2007 rally, and attendees were guaranteed purple shirts. On the chosen day, marchers began at noon at Monument Circle; two former EMS workers and several clergy spoke. In response to the allegations, we decided to fight with flyers of our own stating the EMS position. One of those handing these flyers out later reported that when he gave them to pro-union workers, they said, “This is a bunch of crap; shame on you.” Chants, songs, and prayer occurred and our representative was not harmed at what was called a “Purple Rally.”

  One speaker apparently stood out from the rest—Rev. Cushman Wood reportedly used such words as “wicked, uncaring, and evil” to describe EMS. Another speaker was so wrapped up in his cause, he said everything being done was “God’s will,” and that “God was on their side.” Rev. Wood’s flyers indicated he and his SEIU followers were celebrating the fact that Eli Lilly, Simon Malls, Duke Realty, and Sallie Mae had “responded positively. But some businesses had not,” a reference to EMS customers. Including Simon in the mix was a bit misleading as they rather skirted around the issue of endorsing SEIU; ironically, EMS was actually at one time a sub-contractor for Simon but the union did not know it.