Cleaning Workers at American Dream Mall Protest Wage Cut 

By Cara Marcano

More than 100 contracted cleaners of the American Dream Mall filed a complaint with the National Labor Relations Board claiming aspects of their new labor contract are illegal and violate their rights.

To keep their jobs at the mall, workers say they were also forced in late August of this year to sign a labor contract with the mall’s new cleaning vendor, Purely Local, Inc. The new contract requires the workers to submit to arbitration with their employer over any labor disputes and attempts to prohibit the workers from filing complaints with the National Labor Relations Board (NLRB), a restriction that is illegal, says the union supporting the workers. 

Most of the workers are Hispanic immigrants, according to union leaders who helped organize the protest.

As part of the new contract terms, workers have also seen their wages cut by 10 percent from $17/hour to $15.25/hour since the new cleaning vendor, Purely Local, took over the work of cleaning the mall. Similar workers in the area earn $18/hour for similar work, says 32BJ SEIU leadership.

In addition, workers have been allegedly forced to accept a gag order that strips them of their federal labor rights under the National Labor Relations Act by barring workers from seeking redress for workplace sexual harassment in court or agencies such as the labor board, according to Simon Davis-Cohen, Communications Director for 32BJ SEIU is the largest property service workers union in the United States.

This contract clause from their new employer – Purely Local Inc. – comes after a previous cleaning contractor allegedly failed to protect workers from sexual harassment by their manager and had illegally fired two workers for union activity, said Ana Maria Hill, New Jersey State Director for 32BJ SEIU in a statement. 

“Our complaint is about an element of the mandatory arbitration clause, specifically about the part that allegedly strips the workers involved of their federal labor rights under the National Labor Relations Act by barring workers from seeking redress for workplace sexual harassment in court or agencies such as the labor board,” says Davis-Cohen.

SEIU is trying to organize these workers into a union, say some who have been involved in Unions and written about them. The union’s goal is to make the lives of workers better, but they also really want to be certified as the bargaining representative and bargain a contract. The contract is meant to make working conditions better, but it also allows the union to collect dues that enable it to maintain operations and keep organizing.

The Union thinks in advocating for these workers, they have a chance of raiaing their wages and improving their healthcare.

“The workers who filed the claim are not members of 32BJ SEIU, they are organizing with the union. 32BJ SEIU union cleaners near them get $18/hour that others in the area who do similar work receive, and will get a $1 raise on October 1,” Davis-Cohen explained. “Their peer cleaners who are members of 32BJ also receive 100% employer paid family health insurance with no premium sharing, which covers their partners and dependents, among other benefits like vacation etc.”

“The claims made by the union against American Dream are damaging, completely false, potentially tortious, and lack credibility.  This is clearly part of a campaign by the union to insert itself into a situation where it has no legal standing.   It is misleading and perhaps even unlawful under the NLRA for the union to suggest that it represents these employees,” Gregg Schwartz,  

PR Director for American Dream said in an email to Reporte Hispano.

“American Dream continues to be an engine of local economic growth, providing thousands of employees with good jobs, health benefits and a steady income.”

 When asked for further comment such as what Union statements are false/potentially tortious, or any data American Dream might want to highlight about offering good jobs, Schwartz said, “We will have no further comments.”

Purely Local, Inc did not respond to requests for comment.

“We’re talking about people employed by a contractor that is selected by the mall, as the press release stated,” said Simon Davis-Cohen  of the 32BJ SEIU. “We’re organizing the workers and helping them express their grievances, we’re not the recognized collective bargaining representative of the workers and we didn’t say we are. Purely Local requires the workers to sign an allegedly illegal agreement and cut their wages. Purely Local is doing this, not the mall. The mall engaged in unfair labor practices in the past, which they chose to settle rather than go to a hearing for.”

“I have been working in housekeeping at American Dream Mall for 4 years. American Dream Mall does not value our work and lowered our pay for our hard-earned service, keeping the mall clean. This is an economic blow to us and our families. Now, how can we keep up with our family’s expenses? They should change their name to American Dream Mall, because they are preventing our American dream. We are here present, to fight for a better job, better paid and with better benefits,” said José Francisco Alfaro.

“It was a struggle to survive on $17 an hour. But now they want to take away our legal rights and lower our wages to $15.25? I have to pay $250 to see the doctor every time, because I don’t have health insurance. It’s my only job, and everything is expensive. Rent, electricity, food, phone, transportation to get to work. But I help my siblings and parents when I can. It’s too stressful for someone alone. I am here to fight and raise our voice. “Demand jobs that pay industry standard with the benefits we need to feel safe. Because it’s not just this mall that has a dream. We have dreams too,” said Yanina Herrera, who has worked as a cleaner at the American Dream mall for three years.