November 2, 2007
Joyce Wilson Harley, Esq., Administrator
County of Essex
Hall of Records
465 Martin Luther King, Jr. Blvd , Rm. 510
Newark, NJ , 07102
Resolution #26
Dear Ms. Wilson Harley:
CWA Local 1081 respectfully submits the following questions and concerns regarding Resolution #26, as submitted by the Administration to the Essex County Board of Chosen Freeholders on the agenda of their public Conference/Board Meeting of November 8, 2007, for the "Collection and Disposal of Garbage & Rubbish at various County facilities (the ‘Services') for the Department of Public Works":
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Of the three bids from companies sent the Office of Purchasing in response to the RFP, Waste Management of New Jersey, Inc.'s proposal was $743,505, Interstate Waste Management Services of New Jersey, Inc.'s was $384,771 and Call Carting Inc.'s was $436,120. Inasmuch as the proposed one-year contract extension with Interstate Waste Management Services of New Jersey of its previous two-year contract with the County is to provide the identical services, and inasmuch the proposed one-year extension with this company is in an amount not to exceed $800,000, why didn't the Administration choose the lowest responsible bidder Waste Management of New Jersey, Inc.'s proposal of $743,505?
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According to the New Jersey Prevailing Wage Act, "Covered workers must receive the appropriate craft prevailing wage rate as determined by the Commissioner of Labor and Workforce Development. Prevailing wage means the basic hourly rate of pay, and the bona fide benefit rate of contribution." According to the New Jersey Department of Labor and Workforce Development, the prevailing wage should be $13.74 per hour and the benefits for the type work to be performed for the County of Essex by the employees of Interstate Waste Management Services of New Jersey, Inc are as follows:
Has the Administration ensured Interstate Waste Management Services of New Jersey, Inc has been in compliance with the abovementioned State statute within its past two-year contract with County as stipulated by the County's Administrative Code, and past practice, and will the County ensure the company, if it has been, remains so?
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According to the "Affirmative Action Requirements: Bidders are required to comply with the requirements of P.L. 1975, c. 127 (N.J.S.A. 10:5-31, et seq.) and N.J.A.C. 17:27 et seq." Having carefully perused the "State of New Jersey Division of Contract Compliance and Equal Opportunity Employee Information Report", submitted within it's bid package by Interstate Waste Management Services of New Jersey, Inc., CWA Local 1081 noticed the following:
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* The company employs seventeen (17) office managers, all of whom are described as non-minority males.
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* The company employs ten (10) sales managers, eight (8) male, and two (2) female, with the eight males described as non-minority and one female as non-minority and as one Hispanic.
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* The company employs thirty-four (34) "Office and Clerical" operatives, but fails to delineate their demographics as required by law and the contract with the County.
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* The company employs twenty-seven (27) "Craft Workers (Skilled)", of whom twenty-seven (27) are male with sixteen (16) of them described as Hispanic, nine (9) as non-minority, one (1) as Asian and one (1) as Black.
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* The company employs one-hundred and thirty-four (134) "Operatives (Semi-Skilled), of whom one-hundred and thirty-four (134) are male with seventy-four (74) described as non-minority, forty-one as (41) Hispanic and nineteen (19) as Black.
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* The company employ's ninety-six 96) "Laborers", of whom ninety-six (96) are male with sixty-three (63) described as Hispanic, twenty-two (22) as Black and eleven (11) as non-minority.
Therefore, out of a total workforce of three-hundred and eighteen (318) total employees, Interstate Waste Management Services of New Jersey, Inc admittedly employees two females which represents a mere .006% of its total number of employees. The company employs forty-two Blacks (none of them women) which represent a 13% of its total number of employees with not one of them apparently working as Office Managers, Sales Workers or Office and Clerical operatives. The company does employ one female Hispanic as a Sales Worker. The 2000 census reported the County of Essex having a population of 52% females and 41% Black/African-Americans. While there has been a shift within the last seven years with an increase of Hispanics and other populations within the County, does the Administration actually nonetheless in fact find Interstate Waste Management Services of New Jersey, Inc.'s hiring practices to be in compliance with P.L. 1975, c. 127 (N.J.S.A. 10:5-31, et seq.) and N.J.A.C. 17:27 et seq., and/or the boiler plate tenets of the Administration's contract?
Perhaps part of Interstate Waste Management Services of New Jersey, Inc.'s hiring practices may be ascribed to its business' location, Sloatsburg, which is forty-one (41) miles distant from Essex County . Sloatsburg is located within Rockland County , in New York State . As of 2005 Rockland County had a female population of 50.8%, a "White persons" population of 80.2%, a "Black persons" population of 11.9% and a "Persons of Hispanic or Latino origin" population of 1.2%. The last statistic is particularly interesting, if not troubling, in light of the fact that Hispanics comprise 38% of Interstate Waste Management Services of New Jersey, Inc.'s total workforce.
By comparison, Waste Management of New Jersey, Inc has at least one-half dozen locations within Essex County and its ethics and diversity policy reads as follows:
Business Ethics and Diversity at Waste Management
Waste Management is strongly committed to upholding ethical standards and promoting diversity and inclusion. All employees and others performing work on behalf of the Company are expected to adhere to the laws and regulations that apply to their work activities and demonstrate ethical behavior in all their decisions and interactions.
The company has established a Business Ethics and Diversity Department to oversee the implementation of a comprehensive corporate Ethics and Diversity program. The department is led by the vice president Business Ethics and Diversity who reports to the CEO and, periodically, to the Board of Directors.
The Objectives of the Business Ethics and Diversity Department are to:
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Create an environment where employees understand standards of ethical conduct & abide by those standards
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Develop and sustain a culture where diversity is valued and leveraged, all employees are treated with dignity and respect, are optimal contributors to business objectives and have equal access to opportunity
- Create an organization with best in class representation of all types of people along all dimensions of diversity
- Provide a mechanism for employees to confidentially and/or anonymously communicate breaches in ethical or inclusive behavior without fear of retribution or retaliation
- Supply training and education to reinforce for all employees Waste Management's standards of, and commitment to, ethical conduct, diversity and inclusion
- Identify and develop qualified minority and women owned suppliers that add value to the supply chain
Our Union wishes to make it perfectly clear that we "don't have any dog in this hunt." We just want what is best for the residents of Essex County and for our members who live and work here as well as for those who live outside the County. Additionally, any costs savings realized through more prudent management of this resolution and other such spending resolutions may only serve to bolster the County's bottom line and thereby rationally render the Administration less inclined to seek to its proverbial pecuniary pound of flesh from the health benefits and prescriptions reasonably and responsibly now afforded our members and their dependents.
CWA looks longingly for your anticipated answers.
Sincerely,
David H. Weiner, President
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