(LABOR DISPUTE) (AREA STANDARDS) IBEW protests use of non-union workers at Weinstein project in Germantown

A  recent string of protests outside of the Trolley Car Diner & Deli were both a blessing and a curse for owner Ken Weinstein.

On Thursday, a small group of electricians with IBEW Local 98 showed up at the Mt. Airy restaurant, armed with multiple video cameras and flyers featuring Weinstein's face and cellphone number.

For four days, union workers urged customers to chide Weinstein, a prominent developer in Northwest Philadelphia, for not using IBEW workers on a multi-million project in neighboring Germantown.

They also filmed the diner and Weinstein whenever he emerged.

"At one point on Saturday, they tried to block the driveway," he said.

The project behind the protests

On the corner of Wayne Avenue and Harvey Street sits St. Peter's Episcopal Church, a vacant Gothic church that Weinstein is transforming into a private school.

The two-acre site will become home to the Waldorf School of Philadelphia.

The pre-K through 8th grade program has always leased space at other properties, most recently at New Covenant Church of Philadelphia in Mt. Airy.

The decision

McCoubrey/Overholser, the "open" construction firm overseeing the $6 million project, opted not to use union workers. It came down to cost.

President John McCoubrey said IBEW's bid was $100,000 more than the outfit now working the six-month old job site.

"We don't have a problem hiring union contractors, but it doesn't happen a lot," said McCoubrey.

Weinstein said he can't stop IBEW from protesting outside of his business and he won't try to. But, he added, they're "barking up the wrong tree."

"This is a great community project that we're working on and they need to just back off," said Weinstein. "You got to be realistic if you want work for your members."

He also reached out to the community via email and posted on neighborhood list servs last week. His message was, in part, "I am asking you to visit Trolley Car Diner in the next couple days to let the protestors outside the Diner know that you don't agree with their position and that they are doing a disservice to the community by trying to discourage people from visiting the Diner and shutting down our Waldorf School development project."

'A publicity stunt'

In an email, Frank Keel, spokesperson for IBEW 98 President John Dougherty, said the "drama created by Mr. Weinstein is nothing but a crass publicity stunt for his business."

"IBEW Local 98 is engaging in a peaceful, lawful protest and exercising its First Amendment right of free speech to notify area residents that Weinstein is helping to destroy area wages and benefits," Keel said.

As of noon on Monday, there were no protesters outside of the Trolley Car Diner.

That's likely a relief for Weinstein, though he said IBEW indirectly did his business a favor.

"Since Thursday, business has been way up because of their protests," said Weinstein. "We're up 40 percent higher than the same days last year."

Source: Newsworks.org

Ironworkers Unhappy with Non-Union Work at High School

CHATHAM, NJ - Ironworkers Local 11 members greeted Chatham High School students returning from the Thanksgiving holiday with signs of protest on Monday morning.

The members of Local 11 were out early to protest non-union work as part of the construction to add seven new classrooms at the back of Chatham High School. Ray Woodall, spokesperson for Local 11 out of Bloomfield, said that he was concerned that no Local 11 members from the area were offered work on the project.

In August, the District of the Chathams Board of Education awarded $3.495 million for the project to Tekton Development Corp. of New Brunswick. Tekton was the lowest of 11 bids submitted. The construction, known as Phase 2 of the high school expansion, is expected to be completed before the start of the 2014-'15 school year.

Woodall pointed out that Rostov, a company working on the project, is non-union.

Source: The AlternativePress.com

AREA STANDARDS DISPUTE: Post Brothers / Building Trades - Labor Documentary Exposes Goldtex Project

A motion picture showing many construction violations have been passed over by the City’s Dept. of Licenses & Inspections at the Post Brothers’ Goldtex Apartments, 12th & Wood Streets, was released yesterday to a huge audience of labor and political leaders and building-industry safety specialists.

Launched at IBEW Local 98, the film was titled Deconstructing Post Brothers: Exposing the Truth Behind the Cheap Façade.

The documentary exposes the economic abuse Post Brothers is heaping on its workers by paying them sub-standard wages with no benefits and knowingly misclassifying them as “1099″ workers —independent contractors — to avoid paying federal income and payroll taxes, as well as Workers Compensation, Unemployment Compensation and other city, state and federal taxes.

The documentary is being sent to city, state and federal elected officials and available to others involved in the financing of the Goldtex Apartments.

Post Brothers’ principals Michael and Matthew Pestronk appear in the documentary to have the support of the Nutter Administration, charging L&I inspectors allowed Post Brothers to operate at the Goldtex site for an entire year without any permits and with no inspections performed.

Source: PhillyRecord.com

Effective Social Media Campaigns in Labor Disputes & Organizing Campaigns and their impact on your Employer Associations and firms:

Labor Relation’s professionals in Philadelphia have had a front row seat to multi-front social media campaigns being waged across multiple industries including, construction, manufacturing, entertainment, healthcare, education and more. In the past year we have witnessed social media campaigns successfully waged across multiple industries in the region and many with documentable success.  I recently engaged in a conversation with other national labor relations professionals at Cornell University’s Industry & Labor Relations School on the growing popularity of the social media campaign.  When discussing the tactics, methods and effectiveness with other industry professionals, Philadelphia, was far ahead of the curve in terms of deployment, industries impacted and documented success achieved.

The effort depicted in the “Deconstructing Post Brothers” video below rises to a new and heightened level in the Philadelphia region.  Yet still, many within management in Philadelphia often fail to recognize the effectiveness of these electronic and social media campaigns.  In the past, some in management have even joked about their effectiveness by saying, “what are they going to do, kill me with a Tweet?”  While they may not kill you, they can irreparably harm you and your businesses reputation. 

Despite the jovial and dismissive attitude by many in management as it relates to social media, the development team for the project noted in the “Deconstructing Post Brothers” video at least took the time initially to develop their own strategy and plan, which included their own web page as it related to this project and the events surrounding it. Unfortunately, management failed to monitor and maintain this potentially valuable resource throughout the project; the information contained within the electronic media source is simply not current and the page lacks relevance.  The last update was 8/12/12 according to the title page which can be found here.   While this team initially took the process seriously and responded with their own electronic media campaign, they failed to adequately and continually develop, monitor and maintain the resource.  Like many within management in the construction and other industries, they did not take this threat seriously and failed to allocate the necessary resources to the process for an effective defense.  

Given the current state of labor relations in Philadelphia and the indifference and apathy displayed by many in the city as it relates to labor & industry relations and this specific case, we should anticipate that labor will continue to hone and focus their campaigns to selectively achieve results as needed.  In the past, I have witnessed such tactics as anonymous letters sent to elected officials and newspapers defining the “fat cats” at the table as vacationing in their Italian villas in lieu of negotiating fair contracts; to be fair, this was met with limited success and was simply not true, but it did have an impact.  Without an effective plan and strategy in place, what happens when the letter writing campaign is converted to social media and other forms of electronic media?  What happens when the level and pace of a campaign is heightened and updated continually?  A management team that has failed to plan and adapt to this new tactic will quickly become overwhelmed and forced to continually respond to allegations in lieu of focusing on priorities. A well-planned social media strategy enables your organization to deal with negative issues as they develop.  A well-executed social media strategy enables an organization to craft the conversation continually as it evolves.  If executed properly, it incorporates a continual monitoring process enabling organizations to address issues as the topics are developing and evolving in a constant and continual conversation.

Take one moment and consider the reach of these popular, media outlets:

·         Facebook

·         LinkedIn

·         Twitter

·         YouTube

·         Tumblr

·         MySpace

·         Reddit

Every day there are:

·         More than 45 million status updates on Facebook

·         More than 23 million “tweets”

·         More than 1 billion views on YouTube

·         More than 900,000 new blog posts    

Consider the effectiveness of one well placed piece of electronic media.  Albeit, a piece of media that was posted from a witness to the event and not a part of any campaign.  Just last week we saw the effects of a viral video on Tesla’s stock price, a 6% drop in a day according to one source, when a video of a car fire involving one of their automobiles made YouTube.  Didn’t see it?  Go here… The social and electronic media campaign threat is real, its tangible and it’s here and now.

The professionally produced video, “Deconstructing Post Brothers”, could potentially be viewed by thousands or more  in the region and has a high probability of impacting the decision making process of end users as it relates to this specific building and others built or managed by this development team. Think about how it could potentially impact the decisions of legislators and local elected officials as it relates to future development projects, economic assistance subsidies and project approvals.  Like most things that hit the Internet, once it’s out there, it’s hard to contain it.

While I cannot attest to the validity of the allegations made or many of the images contained within the “Deconstructing Post Brothers” video, it certainly creates chaos and confusion in management’s camp as they are now forced to respond to each and every allegation.  Had management deployed and maintained their social and electronic media strategy and platform early on, a viable, accessible and recognized electronic resource would be standing at the ready, crafting the conversation and responding to allegations continually as they presented themselves. 

I present this video for your review, not to support this campaign, but for you to consider the impacts of a social media campaign on your association or organization.    

DECONSTRUCTING POST BROTHERS on Vimeo.  See the video here….

Are you interested in learning more about Social Media Campaigns and how they can impact your association or organization?  Are you interested in learning more about how Social Media Campaigns can be used to your association’s or organization’s benefit?  Contact Wayne Gregory at Gregory Management & Consulting Services, wegregory@gregorymcs.com to hear more about our in house presentations and or social media campaign management options?

LABOR DISPUTE: Post Brothers, Trade unions rail against non-union worksite

As you read through the article, there is an interesting quote made about adding 10 million to the cost of a 38 million dollar project if the project was performed all union.  That number simply doesn’t add up assuming that the bulk of a project’s cost is normally tied up in material, entitlement and land development costs and not labor itself.  The project was originally estimated at 38 million total as quoted in Phllymag.com on 10/25/2012, “The Brothers Who Busted Philly Unions. For Good.” 

Assuming some very generic cost ratios of 60 % material to 40% labor on a 38 million dollar project, that equates to a 15.2 million dollar labor component.  With the additional 10 million, that is 25.2 million for labor; a 67% increase in labor over the 15.2 million.  If union labor is often argued to be 30-40% more expensive than non-union labor, on a good day, at a 40% premium, it only added 6 million to the project.  Given that some of this project may have been performed by organized trades, 40% as originally quoted in the Phillymag.com article, the higher end of the ratio should not apply.  I simply do not place any faith in these assertions and believe that every side is grandstanding a bit.

At the end of a day, a developer is free to develop their property as they see fit and in a manner that balances their risk and rewards appropriately for them.  It’s their money and they assume all of the risk.  I’m saddened that this has gone on for a s long as it has.     

Trade unions rail against non-union worksite

PHILADELPHIA Trade unions have taken their dispute with developers Michael and Matthew Pestronk to a new level, producing a sleek documentary that accuses the brothers of safety and health violations at their signature project, the unfinished Goldtex building.

The 20-minute documentary, unveiled Wednesday at a campaign-style event at the headquarters of electricians union Local 98, includes videos, photos, and interviews with two unidentified "undercover workers" at the job site, just north of Chinatown.

The documentary shows sheetrock walls splashed in mold, a diesel fuel line allegedly run through a trash chute, and an "undersized crane" used to hoist material to upper floors among other purported safety violations.

At one point, the video depicts a man scraping a ceiling while standing precariously on a bucket perched on scaffolding - a scene that drew guffaws from the large union crowd gathered for the viewing.

Local 98 leader John J. "Johnny Doc" Dougherty described the Pestronk brothers as committing "economic vandalism."

"This has to be stopped," he said.

The Pestronks, who do business as Post Bros., did not respond to the individual allegations, but released a statement calling them collectively "false and reckless."

"The labor union's 'Johnny Doc-umentary' should have been called 'Labor Gone Wild,' " the statement said. "It's nothing more than a video Hail Mary from a desperate group whose fearmongering is standing in the way of Philadelphia's real growth."

The brothers launched a rehab of the 10-story former factory into 163 apartments without an all-union workforce, the first major project to do so in the city in decades.

In March 2012, protesters organized by the Building Trades Council began picketing the site at 12th and Wood Streets, slowing deliveries and engaging in scuffles with workers. Two union members eventually were charged with assault, while the Pestronk brothers had to devise a ruse to sneak a crane onto the site.

The brothers started a website called phillybully.com to document the confrontations and rail against the unions.

They said Wednesday that they would create a section on the site devoted to posting documents on the progress of the building, including permits, air quality and mold testing reports, and tax, worker compensation, and insurance records.

The documentary cites the June building collapse at 22d and Market Streets as an example of what can happen when nonunion crews perform substandard work. Six people died in that collapse, when an unsupported wall from a demolition site fell on a Salvation Army thrift store.

"A poorly constructed building is scarier than a poorly deconstructed building," Dougherty said. "And we all know what happened at 22d and Market."

The video also compares the Goldtex project with the union-built 35-story apartment tower at 2116 Chestnut St. Two officials from the Hunter Roberts Construction Group brag that the project was done ahead of schedule and without any safety violations.

But even union supporters acknowledge that many builders are cheering on the Pestronk brothers because of the city's high cost of labor. Many of the city's biggest projects can be built only with subsidies and tax incentives.

Michael Pestronk has said the Goldtex project would have cost an additional $10 million with an all-union workforce.

Councilman Mark Squilla, one of four Council members at the Local 98 event, said unions "get a bad rap" because of the costs of their workers.

"It's not too expensive," he said. "Construction and demolition are dangerous businesses and you need competent people doing it."

Source: Philly.com

See the original Phillymag article here...

AREA STANDARDS PICKET: Post Brothers: Unions release scathing Post Bros. documentary

The Philadelphia Building Trades and Post Brothers appear to be doing battle again.

A media advisory went out yesterday afternoon from the building trades inviting the press to a news conference to view a video called “Deconstructing Post Brothers: Exposing the Truth Behind the Cheap Facade.” According to the advisory, a video has been made that will expose “health-and-safety violations at Post Brothers’ Goldtex Apartments construction site, as well as the economic abuse of its workers.” After the viewing of the video, which is scheduled for 10 a.m. at IBEW Local 98 Union Hall, a panel of elected officials and labor leaders will answer questions. The media will receive a DVD of what the building trades are calling a “documentary.”

Mike and Matt Pestronk, who run Post Brothers, issued a statement calling the video a “Johnny Doc-umentary” after John Dougherty, who is the business manager of Local 98, and said it should have been called Labor Gone Wild. "It’s nothing more than a video Hail Mary from a desperate group whose fear-mongering is standing in the way of Philadelphia’s real growth.”

The Pestronks, who converted the former Gold-Tex building into apartments, have experienced big problems with organized labor for not using union-only labor for its project.

For their part, the Post Brothers call the allegations in the video “false and reckless.” The company has set up a website called PhillyBully.com where it has detailed the battle it has waged with Philadelphia unions on the apartment project.

There is expected to be more on this from both sides in the coming days and weeks. Already the Post Brothers have lobbed: “We call upon the unions and political cronies they support, to also release their political contribution information. Based on what we’ve seen in this town, we don’t expect they’ll be that honest with the public. But when you don’t have the truth on your side you have to resort to bribes, lies, and videotapes.”

Source: Philadelphia Business Journal

See the Deconstructing Post Brother's Web Site here...

AREA STANDARDS PICKET: IATSE, Local Union #8 / Prince Movie Theatre

As reported on the IATSE, Local #8 Facebook page repeatedly since September, 13, 2013, IATSE, LU#8 has begun an area standards picket towards the recently purchased Prince Movie Theater on Chestnut St., near Broad Street, Philadelphia. 

IATSE, LU#8 is particularly well versed at utilizing social media to effectively deliver its message to members, politicians and local media.  In Philadelphia, it is my opinion that they are one of the most prolific and successful labor organization’s at deploying this technology on their campaigns.

While mounting an earlier representation campaign, election and negotiating an initial contract at the Suzanne Roberts Theatre, social media was used to organize protesters for on-site demonstrations and weekend demonstrations at board members homes. One residential demonstration ended in a board member’s house guest engaging protesters aggressively.  In some cases, board member’s names, along with their contact information and that of their personal businesses, were regularly posted on social media outlets for protesters to contact.  One board member resigned their seat during the campaign as potential conflicts of interest were being publically vetted through social media.

In the Electric Factory campaign, social media was utilized for months to garner support for on-site protesters.  Additionally, it was utilized to forward upcoming band’s websites and related social media sites to protesters so their messages could be forwarded quickly, efficiently and effectively.  In one case, a band was successful in having the Electric Factory recognize the union’s “standards” for that show.  In another case, social media was used to call for more protesters and even pizza as a potential conflict simmered at the site.

What’s next for the Prince Theater you ask?  Social media has already been used to communicate labor’s message with media, politicians and other members.  Daily updates from the protests are usually updated including pictures of the giant, inflatable rat.  In a recent request by the new theater owners for public funding through the widely utilized state Redevelopment Assistance Capital Program, (RACP), social media was utilized to communicate to politicians and others that “billionaires” should not receive this support.  “Taxpayers paid 10 million to fund a losing proposition. Now a billionaire is looking for 3 million more to renovate. 13 million and the wage rates of stagehands are being undermined.  The public has to know. This was and will be a bad deal for everyone. “

Given the past successes and lessons learned by IATSE, LU#8 in implementing a successful social media campaign as an integral part of an overall organizing campaign, management had better be taking notes and start taking this seriously.  You can bet that other labor organizations in the city are watching.  “In the words of one of my former board member clients, “what are they going to do, kill me with a Twitter Tweet?”  My belief is that they can in the right circumstances and or situations. 

Want to know more about social media campaigns by labor organizations against your company?  Contact Wayne Gregory at Gregory Management & Consulting Services, the only recognized leader in Philadelphia Labor & Industry Relations, wegregory@gregorymcs.com.

 https://www.facebook.com/IatseLocal8

What? Has the Building Trades Union War Against the Post Brothers Really Gotten This Stupid?

Pardon the informality of the headline, but this simply cannot be believed. Philadelinquency spotted a post on Philadelphia Speaks in which forum member fiveomar described an interaction at 20th and Chestnut with a “union goon” (now, that’s not nice) who was handing out anti-Post Brothers fliers. According to fiveomar, the fliers included “some pretty ridiculous claims about the Post Brothers storing and smuggling heroine [sic] and cocaine.”

We have tried to maintain some degree of objectivity here, but if the building trades are now painting Matthew Pestronk as Pablo Escobar, that has to be the last straw. What’s next? Mike Pestronk is actually Walter White?

Source: Phillymag.com

Are The Building Trades Claiming the Pestronk Bros. To Be Heroin Smugglers?

Over on PhillySpeaks a user on the site walked past a building trades flyering operation at 20th and Chestnut earlier this afternoon:

Today on my way to lunch I encountered a union goon on the corner of 20th & Chestnut handing out flyers related to the “Post Brothers.” I threw the flyer away, but there were some pretty ridiculous claims about the Post Brothers storing and smuggling heroine and cocaine. Incredible (or is it, knowing them) they would resort to these tactics- perhaps a defamation lawsuit against the union is in order? The individual was even wearing union clothing to indicate that he was representing the union.

This wouldn’t be the first time local unions have distributed handbills over the GoldTex flap that contained some fairly wild charges in them.  They even ginned up flyers of Matt Pestronk’s wife doing… well, I’ll just show you (Ed: Warning, erect poorly photoshopped and photocopied penis below.)

Most of the ones the Pestronk brothers have collected so far and put on exhibition on PhillyBully aire of being prepared by an adult with a 5th grade education and appeal mainly to anti-gentrification sentiments; with claims that the Pestronk brothers are on a mission to drive low-income black families out of the region.

That is an interesting claim to make if it weren’t for the fact that those protesting are mostly white, male and live in the New Jersey suburbs.

Source: Philadelinquency.com

Security guard for Post Brothers developer held for trial

THE FEUDING between the Post Brothers real-estate company and members of the Building and Construction Trades Council has resulted in a criminal court case.

Pat Steffa, 35, a Post company security officer, was ordered held for trial yesterday on multiple charges stemming from a June 25 dustup.

Steffa, of Northeast Philly, was arrested July 10 and charged with three counts each of aggravated assault, simple assault, possession of an instrument of crime and reckless endangerment, and one count of criminal mischief.

Steffa is accused of using his truck to try to run over union members who were protesting at a Post Brothers job site. He is out on bail. Municipal Judge Harvey W. Robbins set his next court date for Oct. 8.

Union members have held loud protests at Post Brothers work sites in the city in response to the company hiring nonunion workers.

Source: Philly.com