Laborers Union Upset Over County Trash Collection Contract Award

Protesters say 40 employees face uncertain future after non-union company wins bid

May 28, 2019 10:32 p.m.

Fifteen members of the Laborers’ International Union of North America demonstrated outside the Executive Office Building in Rockville Tuesday to urge County Executive Marc Elrich to reconsider a contract awarded to a non-union company for trash and recycling collections in the Wheaton and Aspen Hill areas.

In January, the county awarded a five-year contract to Phoenix, Arizona-based Republic Services at a cost of $20.23 per household to collect trash, yard waste and recycling materials in a part of the county known as Area 3, between Veirs Mill Road and Georgia Avenue beginning in Wheaton’s central business district and extending as far as Norbeck Road in Aspen Hill.

The county divides its waste collection routes into 13 service areas.

The award of the contract followed a five-month bidding process that began in August.

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The local LiUNA unit,  representing about 3,000 sanitation and construction workers in the greater Washington region, is demanding that Elrich award the contract instead to Laurel-based Unity Disposal and Recycling, which has held the contract for 14 years, and provided service to Montgomery County since 1996.

Ashley Hansen, the communications director for LiUNA’s Mid-Atlantic Region, said Republic bid $2 million more than Unity for the contract, and that 40 workers from Unity will be laid off.

“Taxpayer dollars are being wasted because of the way the contract was awarded in addition to the fact that Unity is local and has been doing the route in the county for 20 years,” she said.

Unity has appealed the contract award, Senior Director of Human Resources London Bryson said. But the company “sees no remedy” in taking the fight to court.

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Bryson said the company will attempt to find other jobs for about 40 workers if the company does not win its appeal but she did not rule out the possibility of layoffs.

“There are always possibilities, but our aim is to complete this process before any considerations are made,” she said.

John Neyman, Republic’s municipal services manager in its Frederick office, said Republic is a nonunion company, and has provided services to three other trash pickup zones in the county over the years, and now serves an upcounty area north of Gaithersburg.

Asked whether the company would hire any laid off Unity workers, Neyman said Republic is looking to hire drivers when it begins working in the Wheaton area.

“We’re actively looking for drivers and helpers, and if they meet our background requirements, we’re definitely open,” he said.

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Neyman said although Republic’s asking price per home for the contract was $3 higher than Unity’s, the company was told when responding to the county’s request for proposals that only 20% of the criteria for awarding contracts is tied to price.

The County Council recently approved a series of rate hikes for solid waste collection, due in part to contract cost increases.

Elrich, who was elected county executive last November, was heavily endorsed by several of the county’s unions, including LiUNA. Hansen said the union’s hope is to ask the county executive to revisit the contract.

“We just want him to say the way this is being handled is not the Montgomery County way. It’s not that we’re saying we’re not still good with Marc,” she said.

Brian Petruska, LiUNA’s general counsel for the mid-Atlantic, said the contract with Republic takes effect June 9. He said the county skirted rules for awarding contracts because it allowed Republic to use trucks it already owns in order to lower the contract price, giving it a higher score among the bidders. Bids are scored based a several criteria that include personnel experience, company resources and price, among other factors.

“The RFP [request for proposals] said you’re supposed to price it with the expectation you’ll buy all new trucks,” Petruska said. “We feel strongly that the procurement process was not done correctly.”

The demonstrators held signs with messages such as “utility workers deserve better” and “Mr. Elrich we need our jobs.” The union also brought a truck displaying a series of electronic messages such as “County Executive Marc Elrich has the authority to throw out this crooked process.”

“It’s a bad way of doing business on behalf of the county. A lot of members are going to be affected, and that’s the reason that we’re out here,” said LiUNA member Jonathan Viera.

Yvette Cuffie, a member of the county’s main government union, Local 1994 MCGEO, attended to show solidarity.

“A lot of these workers campaigned for union-endorsed candidates, including Marc, to support him and knock on doors in the rain. When I got the email yesterday about what was going on, I had to be there, because that’s what unions do,” she said.

Elrich’s new top spokesman, Barry Hudson, wrote in an email that the county has an “orderly process” that gives “ample opportunity” for disappointed bidders to lay out their arguments.

“The Elrich Administration is committed to ensuring that companies who submit proposals for county contracts have ample, and fair, opportunities to make their case when a proposal is denied.  This matter will be now be handled by a Contract Review Committee that will make the final recommendation to the Chief Administrative Officer on how to adjudicate Unity’s solicitation appeal,” he wrote.

Dan Schere can be reached at Daniel.schere@moco360.media

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