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A Report on Unionization Efforts in Pomona College Dining Services

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Summary Update

January 2012

In March 2010, a group of dining hall employees submitted informal petitions to the College requesting: (1) that the College recognize them as a collective bargaining unit once a majority signed union authorization cards; and (2) that the College remain “absolutely neutral” about their decision to form a union. These employees began to refer to themselves as Workers for Justice (WfJ).

Two days later, President David Oxtoby sent a letter to all dining employees to tell them he respected their right to organize and to pledge that, in keeping with the College’s educational mission, the College atmosphere for discussion would be free from harassment and intimidation, and the process would include an open conversation about the advantages and disadvantages of unionization and a secret-ballot election process as provided through The National Labor Relations Act (NLRA), the federal law which governs labor relations.

The NLRA provides that union elections must be conducted by a secret ballot election overseen by the National Labor Relations Board (NLRB) after a certified union files a formal petition for an election.

By April 2010, College officials and some WfJ employees began to have discussions with College officials about the process for forming a union. So far, the College and WfJ have been unable to reach agreement.

Most recently, WfJ has taken the position that a secret-ballot election administered by the NLRB would be acceptable only if the College were to agree to “full neutrality” (i.e., College administrators and management staff would not be allowed to respond to factual errors in WfJ communications or discuss issues related to unionization).

The College's position is that the dining hall staff should be able to choose whether they wish to be represented by a union through an NLRB-administered secret ballot in an atmosphere of free speech and without intimidation. On June 15, 2011, WfJ rejected the College’s offer of the following “limited neutrality” agreement (full proposal [pdf] ), which would have reserved the College’s rights to:

Respond to questions concerning the College’s views on the union but not initiate one-on-one conversations with dining hall employees to discuss the union.
Support educational forums with the participation of community members representing all points of view.
Distribute written information to respond to any misinformation.
Consult with legal counsel, but not “union buster” consultants who would execute an “anti-union” campaign.

WfJ has since affiliated with UNITE HERE, an international union that represents hotel and restaurant workers. To date, neither WfJ nor UNITE HERE has petitioned the NLRB for an election. By law, only employees or a certified union can take the necessary first steps toward a petition to the NLRB seeking certification as the employees' representative.

Dining Services Fact Sheet

Dining Services is a department in the Office of Facilities and Campus Services. Since January 2011, Dining Services is under direct College management. These facts are provided to answer questions that have been raised about employment in Dining Services.

Staffing and Wages

Average number of Dining Services staff – 97
Current staff (as of 3/28/11) - 11 management/administration and 77 staff members with 9 staff vacancies
Number of Dining Services employees who have worked for Pomona 10 years or more - 27
Lowest hourly pay for Dining Services utility workers – $10.67, as of July 1, 2011
Average hourly pay for entry level positions - $11.73 + benefits
Average hourly pay for intermediate level positions - $13.93 + benefits
Average hourly pay for skilled positions - $17.07 + benefits
In March 2011, Dining employees, who were on nine-month appointments, were offered the opportunity to change to full-year (12-month) employment, starting July 1, 2011. Most chose to move to full-year employment.
In 2011, the College completed a comprehensive compensation study to ensure that all College employees were being compensated fairly at current market rates.
Federal minimum wage - $7.25 per hour
California minimum wage - $8.00 per hour

Staff Benefits Highlights

(Available to all Pomona College staff and are available throughout the full calendar year.)

Health Insurance – Three employer-subsidized health plan options available for employees and eligible dependents (Anthem Blue Cross HMO, Anthem Lumenos Health Savings Account and Kaiser HMO) as well as dental and vision plans. For all health plans for all employees earning $52,000 or less per year, under the Anthem Cross HMO plan, the employee-only option remains at 90% subsidy with the employee cost of $37.88 per month. The two-person cost is $77.84, and the employee family plan with 90% subsidy is $111.09 per month.
Flexible Savings Accounts for health care and dependent care.
Sick Leave – Accrue at one day per month to a maximum as stated in the Staff Handbook.
Vacation – Is accrued according to policy outlined in the Staff Handbook, ranging from 10 days per year in the first year to 22 days in the fourth year of employment and beyond.
Paid Holidays - 10 paid holidays as listed in the Staff Handbook.
Child Care Subsidy – available to all staff and faculty through flexible benefits account
Tuition Remission – Pomona pays 100% of tuition for employees in a matriculated degree program and up to 50% of undergraduate tuition for employee spouses, registered domestic partners, and dependent children.
Retirement Plan – 10% of gross salary with no required employee contribution

For a list of staff benefits, visit our Human Resources - Benefits page.

Recent Changes to Dining Services

Management changes:

Karen Sisson begins as vice president and treasurer of Pomona College, with duties that include oversight of the Office of Facilities and Campus Services (formerly Campus Planning) – July 2008
Robert Robinson begins as Assistant Vice President, Facilities and Campus Services – February 2009.
Margie McKenna, Assistant Director, Campus Services, given additional responsibility for Dining Services – July 2009.
Glenn Graziano appointed Dining Services General Manager - December 2010.
Pomona College takes over full direct management of the Dining Services operation, no longer utilizing a third-party food management service - January 2011.

Procedural and organizational changes since June 2009 include:

Established regular staff meetings including Vice President Karen Sisson, Assistant Vice President Robert Robinson, and Assistant Vice President for Human Resources Brenda Rushforth
Instituted consistent practices and policies in several areas
Changed policies to ensure work for Dining Services staff, within Facilities and Campus Services, when Dining Halls are closed during the academic year
Upgraded equipment such as kitchen anti-fatigue mats and purchased new housekeeping equipment
Adopted a mission statement [pdf] that includes “adopting ‘best practices’ to provide a healthy, safe and engaging environment” (December 2009)
Revised procedures for the distribution of overtime opportunities (June 2009)
Created a new Facilities and Campus Services Advisory Committee with election of representatives from each shift in each department (Dining Services, Grounds, Housekeeping and Maintenance) in early February 2010. The first meeting was held on March 17, 2010.
Provided additional Dining Services training (most recently by Swiss Chalet (baking) in 2011 and the Culinary Institute of America in 2010)
In March 2011, all Dining Services employees were offered the opportunity to become 12-month College employees or remain in their current nine-month positions. On July 1, 2011, all but four dining employees moved to 12-month positions.
In October 2011, Dining Services was approved to hire 19 additional employees in response to the increased workload due from changing to a more sustainable operation and making more items from scratch.

1999-2000 Protest and Resolution (History)

In 1999, all Claremont Colleges food service workers were employees of ARAMARK. There were allegations of improper labor practices by ARAMARK, and SEIU was urging workers to ask for a card-check election.
On May 1, 2000, students blocked access to Alexander Hall in protest over the working conditions of food services staff.
In late May 2000, the Claremont Colleges decided to terminate ARAMARK’s contract.
The Pomona-based ARAMARK employees were hired by Pomona College with the same benefits given to all College staff. This resulted in wage, pension and benefit increases.
In August 2000, Pomona College hired an arbitrator from the American Arbitration Association to determine the interest of Dining Services staff in either joining Pomona College staff or being employed by Sodexo. Following a meeting with the arbitrator, the Colleges' Catholic Chaplain at the time, and Dining Services staff--with no member of the administration present--the arbitrator reported that the workers preferred to move forward as employees of Pomona College.
Sodexo managed food services under contract for Pomona for 10 years.