The Providence City Council passed a resolution Feb. 2 declaring Martins Maintenance, a janitorial contractor currently employed by the University, a "Business Non-Grata" - or unwelcome business - in Providence. The contractor has been accused of workplace assault and other illegal practices.
The resolution, introduced by Ward 9 City Councilman Miguel Luna, "strongly and emphatically discourages all building owners, private businesses, and municipal buildings and entities in our city from hiring Martins Maintenance."
Martins Maintenance is currently contracted by the University to clean late-night eateries. The University has been planning for several months to bring the work back under the auspices of Brown's cleaning service, but there is no existing timetable for this transfer, said Mark Nickel, director of University communications.
Brown contracted Martins Maintenance three years ago when the University extended the hours of some of its dining facilities. Bringing the work back in-house is "not simple" and will require setting up a third shift for Brown's staff, Nickel said.
Nickel said he was not aware of the Feb. 2 resolution, adding that the University's relationship with Martins Maintenance remains unchanged.
The resolution references a complaint filed by Luis DaSilva, a former employee of the contractor, alleging workplace assault, harassment and illegal firing. The National Labor Relations Board authorized the complaint shortly after it was filed in November. The assault and firing by DaSilva's supervisor were allegedly in response to the janitor's communication with union organizers from the Service Employees International Union.
Martins Maintenance is now compelled to offer a settlement to the wronged workers, according to Dan Bass, local organizer of the SEIU's Justice for Janitors movement. If the company fails to do so or the settlement is not satisfactory, the NLRB will bring the case to court.
The Feb. 2 resolution also cites allegations that Martins Maintenance commits workers' compensation premium fraud by under-reporting the number of people it employs. Martins Maintenance claims to employ approximately 300 employees, Bass said, but the SEIU believes they actually employ a significantly larger number.
Additionally, the resolution refers to the company's violation of the Ordinance Relative to Displaced Workers, a law passed last August with the support of the SEIU. The law requires new janitorial contractors hired by businesses or building owners to continue to employ any and all janitors working under old contractors in that location for 90 days.
Martins Maintenance is the first and only company to have violated this law, Bass said.
The SEIU worked with "allies on the City Council" to pass the resolution, Bass said. The resolution "sends a strong statement to the community that we insist that companies respect workers' rights" he said.
Martins Maintenance has not publicly responded to the resolution, though the owner, Manny Martin, attended the Feb. 2 council meeting with his lawyer, Bass said.
Ward 1 City Councilman David Segal called the resolution an important "organizing tool" that "will definitely have an effect" in some places. However, he acknowledged that it is not legally binding for individual companies.
Segal said that the council has passed similar resolutions before that employed milder language, but this is the first advocating action "against a specific business."
