Guards' Union Files Complaint With Fed. Govt.

The union representing Harvard's security guards, parking attendants and Fogg Museum guards yesterday lodged a complaint with the National Labor Relations Board (NLRB) alleging that the University violated federal labor laws and is negotiating in bad faith.

The preliminary complaint, a one-page document, charges that Harvard offered untenable contract proposals and tried to encourage employees to join another union.

The autonomous union has been mired in negotiations with the University since 1996, when it became certified by the federal government. Prior to that time, the union had been affiliated with the Service Employees International Union (SEIU), one of the largest service unions in the country.

"Since negotiations for an initial agreement began in 1997, and most recently on March 18, 1999, [Harvard] has presented harsh, unreasonable proposals which are calculated to frustrate agreement and has otherwise bargained in bad faith," the complaint states.

The complaint also refers to a specific instance on March 9, 1999 when the University allegedly "provided unlawful support to the rival labor organization."

Union officials say they have twice asked the University for information about this incident, but so far, they allege, the University has not responded to their requests.

Union officials would not specify the nature of the incident.

However, a source with knowledge of the complaint said that the "rival" union in question is not the SEIU, a frequent target of the guards' criticism.

Union president Stephen G. McCombe has called the University's relationship with the SEIU "cozy." Several guards and other union officials have complained that SEIU and the University are too closely aligned in order for the SEIU to represent the interests of its workers.

In a statement, University officials declined to comment on the filing, which they said has not yet been officially received by the Office of the General Counsel.

"When we are advised of the charge by the [NLRB], we will respond appropriately to the [NLRB]," Kim A. Roberts '78, Harvard's director of labor relations, said in the statement.

Union and guard officials refused to comment yesterday.

"There's an investigation underway," McCombesaid. "The charges have been filed. I don't wantto go into details."

Randall E. Nash, the attorney who filed thecomplaint on behalf of the guards' union, said heis confident the investigation will turn out inhis favor.

Nash declined to detail the allegations whencontacted yesterday.

But in a February interview with The Crimson heoutlined the union's position on Harvard'snegotiating tactics.

"Harvard put a package of proposals on thetable in March of 1997, which really proposed verydrastic changes in what the working conditions andbenefits the guards were receiving," he said atthe time.

Other sources have said the Universitycounterproposals always included cuts in benefits.

Although the NLRB staff in Boston--the regionalbranch which received the complaint--had not yetbegun to investigate the charges yesterdaymorning, a formal inquiry should be completed byJuly.

"[The complaint] has been put in the categorythat we would try to issue a complaint or adismissal letter seven weeks from the time it wasfiled," said Lisa Fierce, an NLRB spokesperson.

Case investigators will take sworn statementsfrom union officials, and then will attempt tocontact the University for their response, Fiercesaid.

At the end of seven weeks, the principalinvestigator will make a decision whether torecommend filing an official complaint.

It is then up to a regional director of theNLRB to decide whether to file formal chargesagainst the University, Fierce said.

"If there's a complaint, many of the casessettle at that point."

University officials said the are familiar withNLRB investigations. Once source said suchcomplaints against the University are "notunusual."

"It probably happens a couple of times peryear," the source said, referring to disputes withsome of Harvard's labor unions.

As the NLRB compiles its evidence, negotiationswill continue. The last negotiating session, heldon March 18, saw both sides present proposals andcounter-proposals, according to union andUniversity representatives.

More meetings are scheduled for later thismonth, and the union has agreed to theUniversity's proposal to have a federal mediatoroversee the bargaining sessions

"There's an investigation underway," McCombesaid. "The charges have been filed. I don't wantto go into details."

Randall E. Nash, the attorney who filed thecomplaint on behalf of the guards' union, said heis confident the investigation will turn out inhis favor.

Nash declined to detail the allegations whencontacted yesterday.

But in a February interview with The Crimson heoutlined the union's position on Harvard'snegotiating tactics.

"Harvard put a package of proposals on thetable in March of 1997, which really proposed verydrastic changes in what the working conditions andbenefits the guards were receiving," he said atthe time.

Other sources have said the Universitycounterproposals always included cuts in benefits.

Although the NLRB staff in Boston--the regionalbranch which received the complaint--had not yetbegun to investigate the charges yesterdaymorning, a formal inquiry should be completed byJuly.

"[The complaint] has been put in the categorythat we would try to issue a complaint or adismissal letter seven weeks from the time it wasfiled," said Lisa Fierce, an NLRB spokesperson.

Case investigators will take sworn statementsfrom union officials, and then will attempt tocontact the University for their response, Fiercesaid.

At the end of seven weeks, the principalinvestigator will make a decision whether torecommend filing an official complaint.

It is then up to a regional director of theNLRB to decide whether to file formal chargesagainst the University, Fierce said.

"If there's a complaint, many of the casessettle at that point."

University officials said the are familiar withNLRB investigations. Once source said suchcomplaints against the University are "notunusual."

"It probably happens a couple of times peryear," the source said, referring to disputes withsome of Harvard's labor unions.

As the NLRB compiles its evidence, negotiationswill continue. The last negotiating session, heldon March 18, saw both sides present proposals andcounter-proposals, according to union andUniversity representatives.

More meetings are scheduled for later thismonth, and the union has agreed to theUniversity's proposal to have a federal mediatoroversee the bargaining sessions