Harvard Custodians Seek To Decertify Their Union Ahead of Contract Negotiations

Harvard custodians will submit a petition with the National Labor Relations Board on Monday to decertify their union — with plans to seek representation from a new union ahead of contract negotiations in the fall.

The custodians’ union contract expires in November. Under normal circumstances, negotiation preparations would begin in the coming months, directed by representatives from 32BJ Service Employees International Union.

Instead, the workers are looking to leave 32BJ entirely and replace it with a different bargaining agent.

José Rivera, a custodian who served on the bargaining committee during previous contract negotiations, said he and a fellow custodian have amassed approximately 150 worker signatures in favor of decertification this spring — meeting the 30 percent threshold necessary for an NLRB petition for roughly 500 custodians directly employed by Harvard.

Another 300 contracted workers are covered by the union’s contract. It was not clear whether the NLRB will require the custodians to meet a signature threshold based on the total custodian workforce at Harvard, nor whether the contracted workers would also leave 32BJ if the decertification moves forward.

If the NLRB approves the petition, workers will participate in an election that requires a simple majority for decertification. In 2024, unions won a total of 50 decertification campaigns out of 324 petitions.

Custodians have taken issue with union leadership in the past. In 2021, workers rallied against 32BJ leadership, alleging that the union shut the custodians’ elected bargaining committee out of negotiation preparations.

Now, some custodians say that 32BJ representatives, who are not Harvard workers, sometimes fail to communicate with union members on work-related issues.

“When we have problems with Harvard in any aspect, for some reason, the union, we have the feeling that they align with whatever Harvard says,” Rivera said.

Rivera added that the union also increased required dues from its members in 2024, despite objections.

The filing for decertification says that 32BJ “has not been representing the unit in a fair, effectual, or professional manner” and alleges favoritism in the union’s treatment of workers.

32BJ Vice President Kevin Brown wrote in a statement that the union was “proud of how hard 32BJ members at Harvard have fought for their contracts since we started representing them in 2002.” He referenced the 15.25 percent in wage increases over four years won during the union’s 2021 contract negotiations.

“We are determined to continue fighting for the best union contract possible for the workers who keep Harvard running smoothly and safely every day, and are confident that a strong majority of members are eager to continue that fight with our union,” he wrote.

Security guards at Harvard, who are likewise represented by 32BJ, also alleged inadequate representation from the union during previous contract negotiations. In 2022, security guard Walter J. Terzano filed a petition to decertify the union.

The NLRB rejected the petition, referencing a rule specific to security guard unions. Though a later ruling walked back the initial reasoning, the Board still held that Terzano’s petition — filed a few days after the union contract was ratified — did not fit within the NLRB’s time window for decertification.

Custodians, more than three years into a four-year contract, are well within the decertification window. If the NLRB petition goes through, Rivera is aiming for an election date at the end of July.

32BJ would continue to represent workers through the duration of the current contract. The process of switching unions could be difficult: Unions under the AFL-CIO — including SEIU, UNITE HERE, and dozens of other national and international unions — are governed by a “no raiding” clause, which may complicate the process of beginning talks with other AFL-CIO affiliates.

The move comes amid a tumultuous year for Harvard labor, with several campus unions already at the bargaining table as the University implements austerity measures to cope with federal funding cuts.

Labor attorney Shannon E. Liss-Riordan ’90 said that decertification campaigns can keep unions accountable to their members.

“The risk of decertification is one of the levers that workers have to make sure that their unions are acting in their best interest and representing them adequately, and advocating for their interests,” she said. “When workers feel that the union is not being aggressive enough, or is too quick to reach agreement with the employer, some workers will get dissatisfied.”

Rivera said he would have liked to see stronger across-the-board support from 32BJ representatives during contracts and during workers’ disputes with Harvard.

“I believe the union has to be our lawyer,” he said.

“The lawyer knows evidence is against you, but he’s going to fight for your person,” he added.

—Staff writer Amann S. Mahajan can be reached at amann.mahajan@thecrimson.com. Follow her on X @amannmahajan.