From: Worklife Education Resource Center <worklife>
Subject: Will Oracle Allow Equal Access?
Open Letter to: Philip Wilson, Senior Vice President Human
Resources, Oracle Corporation 500 Oracle Parkway, Redwood Shores,
CA 94065
From: Jon Barton, Coordinator of Organizing, Justice for Janitors
c/o SEIU Local 1877, 186 E. Gish Rd, San Jose, CA 95112
June 29, 1993
Dear Mr. Wilson,
Members of Justice for Janitors have received copies of your memo
dated 6/10/93 denying the allegations of abuses suffered by the
janitors working for Service by Medallion at Oracle. We feel it
is important that we have an equal opportunity to respond.
We understand that this memo was circulated on e-mail, via
"sendmail" to all employees at Oracle. At the moment, Justice for
Janitors has no means of establishing similar communication with
all of Oracle's employees. As a result, many have been exposed
only to one side of this discussion. This is clearly an
imbalanced flow of information.
We believe this imbalance is inherently prejudicial and unfair.
In the interests of fairness, we believe that Oracle employees
should have equal access to both sides of this debate. Otherwise,
it would be impossible for them to make fully informed decisions
or sound judgements regarding the janitors' situation at Oracle.
It is clear that Oracle has gone to some effort to investigate and
disseminate Medallion's position that everything is fine and there
have never been any problems - although these denials of abuse
have not been substantiated. By contrast, it is striking that
Oracle has not extended any effort whatsoever to investigate or
disseminate the janitors' position. We would like to rectify
these imbalances.
Attached, you will find three documents: a detailed response to
your June 3rd memo, substantiating the janitors' allegations of
abuse; one janitor's personal testimony of the working conditions
he faced working for Medallion at the Oracle buildings; and the
original article from CPSR's newsletter.
We request that you circulate this letter and all three
attachments to all of Oracle's employees, via "sendmail" or an
analagous mechanism. We specifically request that you circulate
the article to which you responded in your memo, as not all Oracle
employees received this article, and may not have read the
original allegations. A cc to "worklife_at_igc.apc.org" with headers
and footers intact would be sufficient documentation to verify
full circulation.
Given Oracle's stated concern over the seriousness of these
matters, I hope that we find you supportive of this request for a
full, open dialogue. However, should you refuse this request, we
would appreciate a full and immediate explanation of your
position.
Sincerely,
Jon Barton Coordinator of Organizing
cc: James Abrahamson, Co-Chairman, Board of Directors
Robert Shaver, Vice President of Administration
Computer Professionals for Social Responsibility
Public Networks: WELL, LaborNet, PeaceNet, Activ-l
Attachment # 1:
ORACLE MAKES $1.2 BILLION - JANITORS LIVE IN POVERTY
The janitors who clean the Oracle Systems headquarters work for
janitorial contractor Service by Medallion. Many workers at
Medallion make less than $11,000/year BEFORE TAXES. Yet San Mateo
county is one of the most expensive places to live in the
country.
Health insurance for a single mother with two children costs over
$3,200/year at Medallion, as Oracle learned in their own recent
investigation of the contractor. Most janitors take their chances
and use the public hospitals when they, or their children are
sick. Isn't it ironic that people who work in the buildings of
one of Silicon Valley's most successful companies are forced to
use county hospitals, draining county resources in a time of
severe budget shortfalls?
Janitors a few miles north in San Francisco ear almost twice as
much per hour and receive full health benefits for themselves and
their families.
LAWLESSNESS AT ORACLE?
- This month, the California Department of Occupational Safety and
Health investigated complaints of dangerous conditions at the
Oracle Headquarters.
- Janitors at the Oracle buildings routinely report being forced
to work overtime and NEVER being paid for it.
- On June 14th of this year, janitors from Medallion filed a class
action lawsuit in the Santa Clara Superior Court demanding
compensation for unpaid work, and charging numerous other
violations of State law. Many of the workers involved worked for
Medallion cleaning Oracle's buildings.
- Service by Medallion is currently under investigation by the US
Department of Labor (Case #9330006) where dozens of workers filed
charges for violations of Federal laws. Several workers have
already won their back pay because the violations were so clear.
San Jose's Wage and Hour Division of the Department of Labor is
investigating violations of Federal laws on overtime, minimum
wage, and child labor.
- Recently, in case #32-CA-12913, the National Labor Relations
Board found evidence that Service by Medallion had illegally
INTERROGATED WORKERS who stood up for their rights.
- Twenty janitors at Oracle submitted petitions dated February 17,
1993 and addressed to Randy Smith, Director of Facilities at
Oracle, and to Jim Arce, Vice President at William Wilson and
Associates complaining of poverty wages, no affordable health
insurance, harassment, and discrimination.
- Janitors at SbM regularly report harassment and threats when
they speak out or try to exercise their rights.
WHY IS ORACLE DEFENDING SERVICE BY MEDALLION?
On the week of June 7th, Oracle's Human Resource Department
circulated a memo in which they expressed concern over the
janitors' situation. The memo then distorted the allegations of
abuse under Service by Medallion, and characterized them as
"misleading" and untruthful; denied receipt of the janitors'
petitions; and reassured that "the treatment extended by Medallion
to its staff is fair, equitable, and respectful."
While it is nice to see Oracle's concern, it is strange to see
Oracle defending a contractor with so many problems. Many other
high tech companies in Silicon Valley use contractors that have no
legal problems, provide living wages and affordable benefits, and
respect their workers.
SUPPORT JUSTICE FOR JANITORS
Ask Oracle why they support a company like Service by Medallion.
Write to:
Chairman James Abrahamson: jabraham_at_oracle.com
Oracle Corporation World Headquarters
500 Oracle Parkway, Redwood Shores, CA 94402
(415) 506-2106
Justice for Janitors - c/o SEIU Local 1877
186 E. Gish Rd, San Jose, CA 95112
(408) 452-8515 worklife_at_igc.apc.org
Attachment #2
***Personal Testimony - Mario Rivera - June 23rd,1993***
My name is Mario Rivera. I worked as a janitor for Service by
Medallion cleaning the Oracle buildings for three years. I am not
afraid to tell my story only because I no longer work for
Medallion.
I worked in Oracle Building 500 cleaning the second floor and the
kitchen.
I earned $5.00/hour. In nearly three years, I didn't receive a
single raise. Finally, around November of 1992, I got a raise to
$5.50.
I began work every night at 8:00 pm, and most days I didn't leave
until 5:00 or 5:30 in the morning. Sundays were worse; we started
at 7:00 am and we didn't leave until 5:30 or 6:00 pm. Sometimes
we didn't leave until 7:00 pm.
Even so, I was only paid for 8 hours a day. I was never paid
overtime. I was told I had to finish my area, no matter how long
it took. I was afraid I would lose my job if I didn't stay to
finish. They always wanted the work done well.
I live in San Jose with my wife and four children. We came to the
U.S. in 1989 because I wanted my children to be able to go to
school, to be able to improve themselves. My son is just
finishing high school now. He wants to go to college. He wants
to study computers or engineering, but we don't know if he'll be
able to do it; college is very expensive.
We live in a house with three bedrooms. Now there are almost 20
people living there because the rent is so high. Sometimes there
have been up to 30 people living there. Can you imagine the line
for the bathroom?
When I worked at Medallion, I didn't have any health insurance.
It was too expensive. I made so little money that we qualified
for Medi-Cal, so I got that instead.
They always treated us badly at Medallion. They made us bring the
dirty towels and rags to our own homes to wash them. They told us
we couldn't even heat our food in the microwaves, that we had to
eat our food cold. They told us that we couldn't eat inside, that
we should go ouside in the parking lot to eat.
I hope that people who work for Oracle will realize what it is
like for the janitors there, because it is the people who work
there who can make a difference for us. Martha Aragon, the
property manager, has to respond to Oracle and what the people at
Oracle want.
Attachment #3:
SILICON VALLEY: A DIVIDED WORKFORCE
Silicon Valley's high-tech industry is known worldwide as a mecca
for skilled programmers, engineers, and technicians. It is an
industry that leads the world in innovation, creativity, and
constant improvement. Silicon Valley is a model of joint ventures
between the private and public sectors, an experiment in high
skills and high wages. Clinton has called Silicon Valley the
future of America.
Silicon Valley has another side, however. This side is ugly and
exploitative. It is a side that is barely known, even by those
who work in the world of high-tech. It is the world of the
low-wage immigrant worker.
THE INVISIBLE WORKFORCE
Although the Valley's success is visible to the world, the
janitors who come at night to clean the Valleys' gleaming towers
are nearly invisible. These janitors are not directly employed by
the high tech companies, but rather by cleaning service
contractors, which are even less visible than the workers
themselves. The workers suffer for this invisibility. Abuses
that go unseen go unchallenged.
Skilled workers in the computer industry, like programmers and
engineers, can expect salaries ranging from $40,000 to $100,000,
with generous benefits. They can expect paid vacations, flexible
hours, and room for advancement. The average, non-unionized
janitor working in the computer industry can expect a wage of
$11,000 per year for full time work, with no affordable health
benefits. In some cases, janitors have reported paying as much as
$500/month for family health benefits. Anyone who has tried to
raise a family in the Bay Area on a programmer's pay can imagine
what these sub-poverty wages mean for working parents.
To make rent payments and care for their families, janitors often
take second and even third jobs. Some still have to collect food
stamps to make ends meet. Without health benefits, janitors are
often forced to rely on public clinics and emergency rooms when
their children are sick or hurt. Those who ask for raises, or
complain about health and safety, or try to organize are routinely
fired.
At this moment, the Oracle Corporation in Redwood Shores offers a
stark example of this divided workforce. Oracle is not an unusual
case, although the extremes are shocking. The conditions at
Oracle are representative of the conditions that janitors face
throughout the high tech industry.
THE ORACLE CORPORATION
Oracle is a $1.2 billion company. It is the world largest and
fastest growing producer of database software.* Last fall, Oracle
posted $10 million in profits.** Their president posted a $279
million gain in his Oracle shareholdings last Christmas.*** In
recent years, Oracle has doubled its revenues every twelve
months.*
Oracle has a reputation in the Valley for treating its employees
well. Salaries are high and benefits are plush. Oracle has its
own travel agency, cafe, and catering services. The company
health club includes a gymnasium, aerobics rooms, Nautilus and
free-weight rooms, a swimming pool, and even a volleyball court.
Oracle employees are entertained with New Games, stilt-walking
events, and outdoor buffets.****
Oracle also has a reputation for progressive thinking, and has
reason to be proud of many of its policies. Oracle employees
volunteer to serve the poor and homeless in food kitchens. They
deliver meals to homebound people with AIDS. They go on
environmental clean-ups in Marin. They sponsor competitions to
raise money for local food banks, and volunteer at neighborhood
schools throughout the Bay Area. Oracle is also concerned about
recycling. Oracle works hard to create the image of a social
conscience when it comes to poverty, homelessness, AIDS,
education, and the environment.****
However, Oracle appears to draw the line on its concern for
fairness and social justice when it comes to the low income and
immigrant workers who come to clean their offices each night.
Janitors at Oracle have sent petitions to, and tried to meet with,
the facilities managers to request fair treatment, a living wage,
and respect for their legal rights. Not only has Oracle ignored
these requests, but the janitors report that they have been
subjected to repeated threats and intimidation from their
supervisors for daring to speak out. Several say they have been
told outright that they will be fired if they attempt to organize.
The janitors do not work for Oracle. They work for a janitorial
contrator called Service by Medallion. Service by Medallion is
currently under investigation by the US Department of Labor for
violating Federal laws on overtime, child labor, and minimum wage.
The National Labor Relations Board recently found evidence that
Medallion has illegally interrogated employees who tried to
organize against abuses.
A GLITTERING SWEATSHOP
The glass towers of Silicon Valley can be seen from miles around.
Inside these towers, for as little as $40 a night, janitors clean
the equivalent of a single family home every twenty minutes. In
the janitorial industry, the grueling pace and powerful cleaning
compounds make back injuries, chemical burns, and other hazards
part of the nightly routine. Building services is an industry
designed for abuse. Wage and hour, health and safety, and child
labor laws are frequently ignored to meet productivity goals.
Sexual harassment is not uncommon for the many women janitors who
work alone at night, and who speak little or no English. Those
who protest are routinely threatened or fired.
PASSING THE BUCK
In building services, tenants wash their hands of responsibility
for the workers, who are employed by a contractor. The
contractors in turn blame the landlords for the low-bid system
that they say forces them to pay poverty wages, while workers
regularly report violations of wage and hour laws, and health and
safety regulations. The landlord then points the finger at the
tenant for not allowing rent increases, and around and around it
goes. While landlords, tenants, and contractors pass the buck,
the janitors suffer the consequences.
THE LOW BID SYSTEM: EXPLOITATION JUSTIFIED?
Janitorial contractors like Service by Medallion fight to survive
under fierce competition, and continuously underbid each other to
win contracts. Since it is a labor-intensive industry,
competition means cutting wages and benefits, speeding up the
work, and cutting corners on health and safety. Janitors
frequently report that their employers don't even supply gloves,
even though janitors work with caustic cleaning compounds every
night.
JUSTICE DENIED?
Building owners claim they can't afford more for janitors' wages
and benefits - that raising rents will drive tenants out. This is
truly a case of crying wolf. Tenants don't flee buildings when
janitors' are paid a living wage because janitors' wages represent
only a fraction of the five cents of each rental dollar that goes
towards cleaning services, a cost which landlords already pass
through to tenants in the form of "leasing services." Most often,
the increases that janitors fight for represent no more than a
penny of each dollar of rent passed between million dollar
companies.
WHAT WOULD IT COST?
According to a 1992 industry survey of commercial real estate in
San Mateo County, average office space rents for $1.45/square
foot/month. Janitors' payroll is 5% of rent or $0.07/square
foot/month.***** For an extra penny and a half, janitors could
have health benefits and live at the poverty line instead of below
it. As a cash figure, this penny and a half would add up to about
$90,000 per year to improve conditions for Oracle's janitors.
This figure is about 0.0075% of Oracle's $1.2 billion in annual
revenues. That is 3/4 of 1/100th of 1% of Oracle's revenues. It
is very difficult to understand why any company that publicly
professes such concern for its own employees and the surrounding
community wouldn't spare these tiny crumbs so that janitors and
their families could live.
CHALLENGE THE ABUSE! SUPPORT JUSTICE FOR JANITORS!
Right now, janitors at Oracle are organizing to protest the
horrible conditions they face every night. They are part of a
larger organizing campaign in Silicon Valley and the San Mateo
Peninsula led by the Justice for Janitors union, Service Employees
Local 1877. In this campaign, low-wage, immigrant workers
struggle against the inequities in the high tech industry. The
campaign is driven by coalitions of human rights groups,
community-based organizations, churches, and unions. Its focus is
to make these invisible members of our community visible and to
create the base of support that they need to organize and win
justice in their workplaces.
WHY ORACLE? WHY NOW?
The janitors who clean Oracle's buildings occupy a key position in
the campaign; their fate will have a broad impact on other
low-wage immigrant workers in Silicon Valley. Service by
Medallion is the largest non-union contractor on the Peninsula,
and Oracle is one of their largest accounts. Service by
Medallion's competitor has just gone union. However, so long as
Service by Medallion remains non-union, they can continue to
undercut the wages of janitorial workers across the Peninsula and
Silicon Valley.
Although Oracle is Service by Medallion's largest and most
important account, it is not their only one; Service by Medallion
janitors report similar conditions at Adobe Systems, Solectron,
Next, Motorola Communications, and Xerox. Among the Valley's most
successful high tech companies, Oracle stands out in its policy of
supporting non-union contractors. Apple, Hewlett-Packard, Tandem,
Sun Microsystems, Amdahl, AMD, Seagate, Applied Materials, and
National Semiconductor all rely on unionized contractors who
adhere to minimum standards of fairness, decency, and respect for
their workers' legal rights.
WHAT CAN I DO?
You can support the janitors' struggle just by asking the Oracle
Corporation if they really intend to support exploitation under
their own roof. Although Oracle has so far refused to consider
the workers' requests for fair treatment, change is possible.
Programmers, engineers, and other skilled high tech workers can
play a critical role by bursting the bubble of invisibility that
allows the abuse to go unchallenged.
Just send e-mail to: President & CEO, Lawrence Ellison at:
lellison_at_oracle.com Co-Chairman, James Abrahamson, at:
jabraham_at_oracle.com VP of Administration, Robert Shaver at:
rshaver_at_oracle.com
Regular mail can go to: Oracle Corporation World Headquarters 500
Oracle Parkway, Redwood Shores, CA 94065 (415) 506-7000
You can contact the Justice for Janitors campaign at:
SEIU Local 1877, 186 E. Gish Rd, San Jose, CA 95112 (408)
452-8515 email: worklife_at_igc.apc.org
United for Justice, a Peninsula Coalition for Social Justice PO
Box 1725, Palo Alto, CA 94302 (415) 322-7190
Received on Wed Jul 07 1993 - 04:53:00 CEST
