Owners, managers prepare for strike.

As the Sunday midnight deadline approaches, residential managers are preparing for a possible strike by the 30,000 residential members of the Service Employees International Union, Local 32B-32J. The contract runs out just in time for the first night of the Jewish holiday, Passover, which marks the events leading to the passing of the Jews from slavery to freedom.

Many observant individuals celebrate the holiday for all eight nights, with the first two and the last two the most religiously important.

The ability to hold family gatherings and to take part in the two seders and accompanying festive meals where special foods are eaten - including the unleavened bread known as matzoh - is a concern for building managers who do not want to disrupt the building occupants and their guests.

It should be a concern for the union as well, since any service interruption will cause widespread annoyance directed at the union for allowing a disturbance during this period of time, which usually falls much closer to Easter.

Managers and building boards are alerting residents, collecting seder guest lists, battening down security with private companies, locking doors and handing out identification cards, and organizing volunteer shifts for everything from mail sorting to garbage tending and elevator operation.

Polaroid cameras with a flash are also coming out of closets and heading for the lobby, ready to keep track of strikers on daily picket lines, vandalizers and their resultant vandalism, strange auto license numbers, and of course, strangers.

They are also topping off the oil tanks - with an order scheduled for April 20 - stocking up on garbage bags, lightbulbs and cleaning supplies, and ensuring building systems are in good working order.

The 64-year old Realty Advisory Board on Labor Relations, Inc. (RAB), acts as the collective bargaining unit and will eventually come to fair economic terms with the building union. While the RAB has 4,000 member commercial and residential buildings, about 3,000 of those are residential and only the 1994 contract for residential properties is expiring at this time.

When the commercial workers struck last year because Union President Gus Bevona took a hard stance over paying new hires less money, it was those current workers that lost out by walking the picket line. (see sidebar)

But after 30 days, workers finally voted to take a package that included wage and benefit increases for them, and less pay for new workers and vacation replacements.

Residential buildings, many of which are cooperatives and condominiums where all building expenses are shared by middle and lower-class working families, are certainly going to want the ability to pay new employees less money to keep their own out of pocket maintenance costs down.

According to the RAB, it actually costs $62,750 a year to have a doorman on duty for one shift, because the cost of replacement and vacation workers has to be factored in. To run a doorperson 24 hours a day, seven days a week all year costs a building $188,477.

So it is expected that the varying wage scales for new hires and vacation workers will become a significant part of the bargaining.

That process is finally formally starting this week and will ultimately affect salaries of the residential employees in Manhattan, Brooklyn, Queens, Staten Island, Nassau and Suffolk counties, and Northern New Jersey.

The RAB bargaining committee and Local 32B-32J's President Bevona are going to first sit down and talk on Thursday, April 17th at the New York Sheraton Hotel & Towers, where all negotiations are expected to take place.

Last time, the Union asked for a $125 increase a week each year and "more of everything," including holidays, sick days, etc.

"Our proposals will also ask for many things," said James F. Berg, executive vice president of RAB, adding that the issues here are primarily economic issues. "We will meet and agree to give them the best shot possible. We have a shopping list that's different than the (one used for) commercial (employees), but many of the proposals are similar."

The workers start from a larger salary than many people realize. According to the RAB, the porters and doorpersons currently each receive a salary of $29,000 a year plus overtime; comprehensive medical, dental and legal plans fully paid by the employer; an annuity savings plan; a pension of up to $800 a month; training and scholarship benefits; and holiday, sick day and vacation time amounting up to 49 paid days off per year. The total cost exceeds $44,000 per employee per year. Superintendents and handymen make even more.

The real estate industry has "nothing to apologize for" in its relationship with its building employees and their union, Berg said. The RAB says they "are the best paid service employees" and receive many liberal benefits.

The superintendents are covered under a different contract that is due to expire June 20, and are expected to work until that time, even if the other employees are striking. But their contract states they can only continue with their normal duties, not the work of striking employees, except in emergencies involving health and safety.

For the last two months, the RAB has been meeting with building boards and managing agents to discuss the issues and explain what needs to be done if there is a strike.

Union workers have also been part of the explanation game.

"The bargaining process is very much like a mating ritual. The initial dancing around may not accomplish much, but you have to go through it to get to the main event," said Jim Grossman, a spokesperson for the RAB.

The RAB's volunteer residential negotiating committee is chaired by D. Kenneth Patton of PMC Management Co. and includes Rita Chu, a director of 130 East 67th Street; Arnold Goldstein of Samson Management Co.; Jack Levy of Rose Associates/Dwelling Managers, Inc.; James O'Connor of Kreisel Co.; Mary Ann Rothman of the Council of New York Cooperatives; and Seymour Zuckerman of Zuckerman & Waldorf, Inc.

They are assisted by the RAB staff and executive vice president Berg, counsel and appointed advisors.

At this time, they are urging residential building owners and managers served by Local 32B-32J to get their house in order.

Berg says they should be concerned about security of the buildings and their equipment and seeing that the strike plans are ready to be implemented if necessary.

"They should really be prepared," said Berg, "although we'll try to reach an agreement."

A strike preparedness information booklet is being distributed to RAB members that includes operational suggestions along with notice forms and guidance on maintaining building services throughout a strike.

"It is your obligation as the owner or operator of a residential apartment building to provide tenants with the best level of service possible," the booklet states.

The RAB has also established an emergency communications system that includes faxes, regular mail and telephone as the situation warrants. Those members that have not already notified the RAB of the necessary 24-hour fax and phone numbers should do so immediately.

Make Arrangements Now!

During strikes, employees of other labor unions are often asked to honor the picket line. At the time of the commercial strike for instance, some tenants had to come to the street to pick up from UPS and FedEx. While that's a mere annoyance, if the oil runs out and the driver won't deliver or can't because the fill pipe was neglected and has been destroyed by vandalism, the heat will go off.

Even worse for residents in the warmer springtime that prompts extra outdoor trips, is that a service person could decide not to enter the building to fix the only elevator, which broke because it was operated incorrectly or by strike-related vandalism because the operating controls were not secured and neither was the basement door.

To ensure a smooth transition in the event of a strike, and the least possible disturbance of service, many of the necessary arrangements should already be in place.

Along with a comprehensive check of building systems, the RAB advises going over doors, locks and keys to decide if they should be locked and/or re-keyed with an additional lock in the event of a strike.

Fire alarms and communications systems should be tested, checked and repaired before the employees contract expires.

To protect against vandalism in the hours before a strike, the RAB advises that equipment and machinery rooms be secured at least 24 hours before the strike deadline. They also suggest adding locks with keys held only by management and a designated resident to permit emergency access.

Review insurance policies to determine "precise" coverage during a strike and speak with your agent regarding additional coverage. The RAB recommends additional liability insurance, coverage for vandalism and malicious mischief or special coverage if residents are going to operate machinery such as manual elevators.

Training for carefully chosen replacement workers and residents should be done early and be thorough. Some managers suggest that clear, written instructions for certain equipment can also be helpful and should be available at the site for easy reference.

Incinerators and compactors are dangerous and if incinerator grates are not cleaned on a daily basis it can result in a fire. The RAB says that unless qualified people will be available to check and clean the equipment, it is better to discontinue its use during the strike.

If the equipment is not going to be operated, the hopper doors on each floor need to be sealed.

Elevator training should include a tour of the location and operation of the main elevator power supply controls, which should be secured and protected at all times. They advise considering limiting the number of operating elevators.

Batten Down the Hatches

A security company should have already been engaged. To ensure obtaining qualified individuals, many managing agents suggest requiring the companies to use only workers that have been on staff for some time previous to the strike. But by now, many of those companies may not be able to guarantee regular staffers.

Guards should keep all doors locked and access should be limited to building residents, identified by photo ID cards where possible. Guards should also be warned about admitting in or doing "favors" for anyone, including long-time friends or strikers. The RAB manual states: "There are no 'pals' or 'buddies' during a strike."

The door guard should have a list of tenants and sub-tenants, along with contact name and phone numbers, and the lists should be run alphabetically, as well as by floor and apartment number. The guard should also get a list of emergency numbers for management and service companies.

Oil suppliers should be contacted so that tanks can be filled on April 20. And if there is no strike and no agreement, they should be filled again anytime the oil level reaches three-quarters full. The filler pipes should also be secured because they are an easy target for vandalism.

Resident Readiness

While using resident volunteers is effective for a short time, it can become draining as people adjust and go about their regular activities. While most strikes only have lasted a week or two, the RAB advises that volunteers only work for the short-term, and if there is a long strike the manager or board should be ready to hire service contractors to perform the duties.

Kenneth Abelson, a managing agent and principle of Gumley Haft, said the hiring of replacement workers has not been done before in the residential buildings. One concern that is being debated in the managing agent community is how that will affect future relationships between the residents and the current employees, who are an integral part of the building family.

"There's hesitancy to do that, and it will be interesting to see how it works out, if it is necessary," he said.

Managers, boards and owners should identify any elderly or infirm residents and pair them with several residents that can help out with simple things like taking out the garbage, as well as in emergencies such as a fire.

The RAB warns that garbage collection is a major problem during strikes and residents need to be encouraged to cooperate by bringing their own garbage to the curb on the correct days or volunteering for various collection duties. They suggest purchasing large quantities of garbage bags and handing them out to residents. Some managers say the stronger the bag the batter, as they often end up tearing and leaking if dragged by residents.

If residents are planning to have guests and use caterers, they will need to discuss strike plans with the caterer and ensure that all garbage is removed from the premises. Guest and catering personnel lists should be provided for the door.

The Post Office requires that only one individual is to be designated to receive the mail. A group of tenants or management personnel may need to oversee or conduct distribution, depending on the building.

If the unit owners or tenants are used to receiving certain services, like having mail delivered to their doorstep, efforts should be made to continue that level of service.

Residents should be reminded to dig out and carry door keys for the duration, whether or not a guard or tenant is expected to be on door duty. That person may not be able to open the door for each resident every time, as other emergencies or distractions can occur. The RAB advises having keys available a few days before the strike for those residents that cannot locate their own set.

Those buildings with garages manned by service employees may need to be shut down. If that decision is made, be sure and inform residents immediately so they can make other arrangements if they will need their vehicles during a strike.

The RAB also asks that member owners stand by their brother and sister building operator negotiators and allow them to forge as equitable a contract as possible.

Don't sign so-called "Me Too" agreements - that promise a contract no worse than the RAB agreement without being subjected to the strike - because union representatives will claim "everyone is signing them, and like good salespeople, will try to talk you into them. Clear any such agreement with the RAB first.

"If enough owners are enticed away, the eventual RAB contract will be an economic disaster," they warn.

And if your building appears to be the only one with a picket line, it could be "divide and conquer" tactics. Determine if surrounding buildings employ Local 32B-32J personnel, then call the RAB.

They will provide assistance and advice for any problem - 24 hours a day during a strike - at [phone].

Reserve Gates

To maintain some order at the building, operators might consider instituting a "reserve gate" system and the procedures that this entails.

One door - clearly marked as the "reserve gate" with posted signage containing certain language - is allowed to be picketed. This door is designated for the employer and their employees - say the building owner, manager and staff - and service people.

It should be as far as possible from another door that is to be used by tenants and their employees, such an domestic help and service providers like the television repair person or caterer.

Notification that such a reserve gate has been established must be made to the picketing union by fax, by hand, overnight mail and/or certified letter, containing language available from the RAB.

All tenants and suppliers need to be notified as to which gate is to be used, and then need to be reminded regularly.

Building superintendents and other personnel should be instructed on the "purpose, design and use" of the reserved gate system, be prepared to respond to improper actions by pickets, and to notify management.

The reserve gate should be locked when not in use, observed and monitored, and a detailed log kept to provide proof that the reserve gate is being maintained.

If the wrong gate is used by the wrong person, the reserved gate system can become "contaminated" and then the union can start picketing everywhere.

To re-establish the reserve gate, notice has to be given that it will be enforced the following day.

When using the reserve gate system, strike activity should be monitored and written date and time records kept of the number of pickets, the area being patrolled, the wording on the signs, and names or identities of participating union members.