1st ever Car Wash Union Contract

First car wash workers' union in U.S. history wins contract
A step forward for the labor movement
By Juanita Vasquez

http://www.pslweb.org/liberationnews/news/first-car-wash-workers-union.html

November 5, 2011
Car wash workers in Los Angeles are cleaning up the industry by fighting for and winning union representation.

Southern California car wash workers signed a union contract on Oct. 25, making the employer the first and only unionized car wash in the nation.

The two-year labor agreement with Bonus Car Wash in Los Angeles will cover 30 workers and includes a 2 percent wage increase, health and safety protections, grievance and arbitration procedures and protections for workers if the car wash is sold. The contract also guarantees rights that protect workers from being unfairly punished or dismissed. In the long run, workers are creating a way to clean up and improve the entire carwash industry.

During the organizing period, workers faced rampant abuse of their rights. They were fired for speaking out about working conditions and organizing. Car wash workers still face the challenge of a highly fragmented ownership of the industry—it is estimated that in LA County alone there are 500 car washes and nearly 10,000 workers.

Because the industry’s work force is largely undocumented immigrants afraid to speak out, car washes have been known to violate basic labor and immigration laws with little risk of penalty. Laborers have been subject to pay that is often far less than minimum wage—often times their earnings are tips alone—dangerous conditions such as exposure to toxic chemicals without basic protective gear and harassment and intimidation by owners.

The push for unionization started in March 2008, when labor groups formed the Community Labor Environmental Action Network after reports of appalling working conditions surfaced. Since then, workers at Bonus Car Wash in Santa Monica organized committees to push for fair wages and better working conditions, made presentations to local community groups to gain public support and engaged in work-site actions.

The contract marks the first agreement won by the CLEAN Car Wash Campaign. This victory will not only end the abuses suffered by these Los Angeles car wash workers, but will also lay the foundation for future organizing in the car wash industry. The majority of workers need and want a way to improve their jobs and working conditions.

Many of these workers have gotten involved in other political efforts such as working for immigration reform or to pass a wage theft ordinance. The union represents a higher level of political organization that can advance the struggle on both workplace conditions and social justice in a broader sense.

Chloe Osmer, an organizer with the CLEAN Car Wash Campaign, said that workers across the city are inspired and excited. They have been receiving calls from people who want to organize and improve working conditions at their workplaces and also from employers who want to understand more about what it might mean to have a union. This momentum needs to be used to encourage other workers to speak up about abuses and to encourage other car wash owners to respect their workers' right to organize as well.

This clear victory sets an example to other workers in the Los Angeles area as well as throughout the United States, proving that despite the working conditions in an industry marked by a history of labor violations, constant aggression from the capitalist class and a slumping economy, victory is possible if workers organize and fight back.

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Hi, Jimmy. Two quick thoughts:

First, I actually believe Cleveland and Boston carwashes were unionized in the 60's and 70's. I only know this because we ended up writing special software to handle the payment of dues and some hours-worked restrictions. In both areas, the unions had melted away by the early 90's.

Which brings up the second point: I realize that my next statement might kick off some controversy, but the reason the west coast washes are unionizing are for the same reasons that unions got revved up in the US 100 years ago: many employers on the west coast, predominantly foreign, are flouting many, if not all, reasonable employment laws as well as being callous to their staff's safety. I know you and how you run your business and can confidently say that you would never treat your staff the way I've witnessed some of these operators treat their people. And, because enforcement of existing law is weak and penalties are small, they get away with these abuses. This has the further negative effect of making it difficult for the legitimate operators to compete. It deeply bothers me.

As much as I hate to admit this, a union is most likely the best way for car washes on the west coast to move forward. I can remember in detail the abuse that my employees endured while I was managing in the "valley". Of course this was during the time of huge growth and much easier immigration laws. The INS really didn't bother much with the car wash industry and that actually made the abuse seem okay for some sick reason. Employers paid the workers next to nothing, and put them through hell while management and ownership cashed in. While I am not a fan of unions in general I think that more good can come from this than most. With unions come contracts, and with contracts come expectations and formal agreements both of which can substantially improve the industry. One of the most common issues in full service washing is theft, it won't be eliminated, but it can now be brought to the forefront of the conversation during the hiring process, complete with consequences for not following the rule. Another unfortunate problem with the workforce is personal appearance, simple rules for hygiene can now not only be in place but enforced as part of the contract. I bring up those simply because they are common and all owners would love to have a clean friendly workforce that would never steal from the customers. Contracts modify behavior and if done correctly the owners would end up with a better behaved workforce. The challenge is for the workers and owners to agree on the details up front, which I don't see happening anytime soon. Things like healthcare, working conditions and other 'foreign' concepts to the industry will block the chances of both sides ever getting to the issues that could improve the industry, and that is sad in my opinion.

Jax in Detroit was unionized in 1956. in 1978 they de-unionized us telling us it was too much trouble for the dues they were collecting.

“California car wash owners face jail time, must pay $1.25 million in restitution for wage theft.”

“The criminal complaint alleged that for years, workers at XXXXXX car washes were paid a flat rate of $35 to $40 per day, far below ….minimum wages, with some working for tips alone. The complaint further alleged that none of the workers were compensated for their overtime ….were either discouraged from taking rest breaks or denied ….altogether. The complaint also alleged that the defendants failed to provide clean drinking water, safety gear or uniforms, forcing employees to pay money out of their substandard wages for bottled water and company t-shirts.”

Let’s get real. Who here operates in such a manner? I bet zero. So, a union would be most unlikely.

Is unionization necessary because most workers are migrants? I suspect not because anyone stupid enough to risk jail time and paying back $1.25 million would probably still do the same if most of the work force was domestic.

Celebrity justice and other forms show that criminals today simply have less fear.

In California, non-violent felons are being remanded to county facilities and then released with ankle bracelets because of overcrowding – serving little actual jail time.

So maybe the correction for bad car wash guys should include fully recovering all restitution and perhaps a bit more, like significant federal and state penalties.

I agree with Ken, this is simply a reaction to the operators in the LA area who have truly abused their employees. I interviewed Henry Huerta last year as part of a video I did for carwashTV.com (http://www.carwashtv.com/index.php#!prettyPhoto/27/). He's the guy heading up the CLEAN Campaign to unionize and there are some very real examples of why car wash employees need to be protected.

A couple things that I realized in that interview. First, unionization will probably never become mandatory. Second, every collective bargaining agreement is negotiable and unique for that particular car wash.

I also think the first few operators to sign a CBA will get a tremendous PR bump from the CLEAN Campaign. Personally I left the interview liking Henry Huerta even though I do think they went too far in painting the whole industry with the same brush. However, that's how you fight PR battles.

-Kyle

The Western Carwash Association (WCA) has been monitoring the union activity in Southern California since they arrived. It is true that they are targeting some of the car washes who are operating illegally. We also want to see these car washes stop their illegal ways and operate within the law, which will put them on a level playing field with the others who have always operated legally. And the union organizers are painting a broad-brush that all car washes are operated that way - which we all know it not correct. However, it makes for sensational headlines and gets them "press."

We are very aware of what organizations are behind the effort and their activity. We are currently in the process of distributing infomation so our California members are aware of the law and their leagal rights and obligations. We are also surveying them to see if they would like to hold face-to-face meetings with our labor attorney and employers organization. If they decide these meetings are warranted, we will probably hold several up and down the state sometime after the first of the year. We will post the information and invite anyone throughout the country who may be concerned about efforts in their area to attend.
-Ross