In case you missed this piece in Sunday's NYT, despite the communitarian
ethos of the sharing economy, coworking is not immune to labor disputes,
especially when practiced as a big business, a la WeWork (52 spaces in 16
cities). I'm sympathetic to both sides of this dispute, though I tend to
favor the cleaners over WeWork's owners, with their $10 Billion valuation
(you read that right). I like the way WeWork responded, hiring many of the
out-of-work cleaners from its former contractor, and paying them $15-18/hr
+ healthcare. But it's complicated.

I'm curious to hear others' opinions, and whether any other coworking
companies -- whether chains or single-location shops -- have had labor
troubles, and how you/they have handled them.

Discuss.

-Leif

---------------
*At WeWork, an Idealistic Start-Up Clashes With Its Cleaners*
http://www.nytimes.com/2015/09/13/business/at-wework-an-idealistic-startup-clashes-with-its-cleaners.html?_r=0

By DAVID GELLES
<http://topics.nytimes.com/top/reference/timestopics/people/g/david_gelles/index.html>SEPT.
10, 2015
Adam Neumann bounded through the downtown Manhattan headquarters of WeWork
<https://www.wework.com/>, beaming as he pointed out the amenities of the
open floor plan.

Over in the communal area, entrepreneurs mingled. Here was the shared
kitchen, with cold-brew coffee and organic snacks. How cool is that? Over
there was the quiet room, with mood lighting and hammocks. Wasn’t it
awesome? Mr. Neumann pulled out his iPhone and checked WeWork’s app, where
members — as WeWork calls its customers — can find jobs and team up with
one another on new socially responsible ventures. Talk about disrupting
business as usual.

In just five years, Mr. Neumann and WeWork’s other co-founder, Miguel
McKelvey, have built their start-up into an office-space rental empire,
with 52 locations in 16 cities around the globe. An office utopia designed
for millennials — at first mostly freelancers trying to escape their
apartments, but now also small businesses and corporations trying to lure
the creative class — WeWork was, until recently, valued at $5 billion. Then
in June, it sought another round of financing, getting huge investments
from Fidelity Management and others. Its new valuation: $10 billion.
Photo
Adam Neumann, co-founder of WeWork. Credit Cole Wilson for The New York
Times

Mr. Neumann grew up on a kibbutz in Israel; Mr. McKelvey grew up in a
collective in Oregon. They frequently cite their origin stories in
explaining their belief that office space should emphasize community and
serendipitous connection — and that the company is a force for good. They
call their customers the We Generation.

“If you understand that being part of something greater than yourself is
meaningful,” Mr. Neumann said, “and if you’re not driven just by material
goods, then you’re part of the We Generation.”

So Mr. Neumann seems more than a little perplexed to find himself defending
WeWork against charges that it is a callous, anti-labor corporation, less
concerned with people than profits.

WeWork’s headaches stem from a complicated dispute with a group of men and
women who once cleaned WeWork locations. With its aspirations to be an
office-rental paradise, it couldn’t have sticky floors by the free craft
beer keg, or trash collecting under the Ping-Pong tables.

It needed cleaners — lots of them — to keep its locations tidy. Looking for
help, it turned to contractors to provide cleaning services. In Boston and
Washington, as well as New York, the contractor was Commercial Building
Maintenance Corporation <http://www.cbmbuildingservices.com/>, or CBM,
which provided hundreds of janitors to those locations.

But that routine decision came back to haunt WeWork. When the New York City
cleaners — who made about $10 an hour and received no benefits or paid time
off — tried to unionize in June, CBM terminated its contract with WeWork
and eliminated the jobs. WeWork decided to hire its own in-house cleaning
staff but will not hire all the former CBM workers, leaving about 100
people jobless.

The result has been a showdown between new economy and old. All summer, the
cleaners protested outside WeWork offices around New York, blowing whistles
and chanting: “WeWork, shame on you! WeWork, shame on you!”

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On a humid night in late August, a few days before Mr. Neumann gave his
office tour, the protesters were outside company headquarters on West 18th
Street. After months of avoiding direct confrontation, Mr. Neumann decided
to try to convince his antagonists that he was a good guy who had done
nothing wrong.
Photo
Customers wait in the downtown Manhattan headquarters of WeWork. Credit
Cole Wilson for The New York Times

At first he cited the letter of the law. “WeWork was not hiring any of you.
It was all done through CBM,” Mr. Neumann pleaded. “They were your
employers, not me.”

That didn’t work. The cleaners said they had worn WeWork T-shirts, gotten
to know the company’s staff and customers, and believed WeWork had a
responsibility to them.

Next, Mr. Neumann tried empathy. “When I was a little kid, me and all my
family lived in a house the size of my daughter’s room,” he said.

The cleaners were not impressed.

Finally, Mr. Neumann explained that WeWork was now hiring its own cleaners,
paying them $15 to $18 an hour, and offering health care along with equity
in the company. “This company is going very far,” he said. “The stock, God
willing, is very valuable.”

Mr. Neumann seemed to believe his logic and magnanimity would make the
problem go away: If only the cleaners had all the facts, they wouldn’t be
so upset. But to the now unemployed janitors who had toiled for low wages
and with no benefits, all while wearing WeWork uniforms, the company’s
wonderful new terms felt like a slap in the face.

When one protester reminded Mr. Neumann that his company was worth $10
billion, he waved the thought away, his hand swatting the air. “That has
nothing to do with this,” he said, turning to the next question.

Perhaps they are separate issues for Mr. Neumann. But to many onlookers,
it’s hard to understand why a company with so much money won’t help the
unemployed men and women who once cleaned its floors.
Photo
Miguel McKelvey, a co-founder of WeWork. Credit Cole Wilson for The New
York Times Who’s the Boss?

WeWork may be a fast-growing darling of the so-called sharing economy, but
it is also one that leases lots of conventional real estate — about two
million square feet. And by simply doing business as usual and hiring a
contractor to provide cleaning services, it inadvertently stumbled into a
fight that exposes the paradoxes of today’s lopsided labor market.

In recent decades, outsourcing cheap labor for tasks like security, mail
sorting and food services has become routine for American corporations.

“Many parts of what used to be integrated businesses are now handled
through subcontracting,” said Jennifer Gordon, a professor at the Fordham
University School of Law specializing in immigration and employment.

Subcontracting makes plenty of economic sense. Companies can keep the head
count down and avoid health care and benefit obligations. Contractors can
do what they do best — provide specialized services at competitive rates.
But by striving to win assignments, contractors often pay employees as
little as possible.

For workers, this dynamic can be maddening. Ivan Castelan began cleaning
WeWork spaces three years ago. He started out tidying kitchen areas and
keeping the coffee fresh; over time his responsibilities expanded to
include managing inventory and placing orders for supplies. Yet when he
wanted to negotiate a raise, Mr. Castelan was stymied at every turn.

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“When I asked WeWork for more money, they told me to talk to CBM,” he said.
“When I asked CBM for more money, CBM said WeWork had to approve the raise.
It was frustrating.”

Such situations are typical in subcontracting situations. WeWork may not
have been Mr. Castelan’s direct employer, but it was the one with the
ability to improve conditions for him — and other cleaners. It could have
paid CBM more and then insisted CBM pay its workers higher wages, or it
could have hired a new contractor that paid better. CBM, meanwhile, had
little incentive to push WeWork, a powerful client, to raise salaries.
Photo
Members — as WeWork calls its customers – meditate and work at the
company's headquarters. Credit Cole Wilson for The New York Times

“The law says CBM is the employer, but if you look at the reality of how
wages are set, it’s the firms higher up the chain that really control what
the wages will be,” Ms. Gordon said. “WeWork has all the power. It has the
money, and it has the control.”

Companies, workers and contractors have been wrestling with these issues
for decades. During the 1980s and 1990s, the Justice for Janitors movement
fought to improve wages and benefits for cleaners after competition eroded
their salaries and benefits. Today, fast-food workers — who most often work
for franchisees — are campaigning for a new minimum wage of $15 an hour.
And in a decision that could have far-reaching implications
<http://www.nytimes.com/2015/08/28/business/labor-board-says-franchise-workers-can-bargain-with-parent-company.html>,
the National Labor Relations Board ruled last month that more companies
could be considered “joint employers” of workers not directly on their
payroll.

But for now, a company like WeWork has no obligations to look out for the
employees of a contractor like CBM. “Morally, I would argue that they
absolutely have a responsibility,” Ms. Gordon said. “But legally it’s much
more complicated.”
Idealism Meets Mops

Mr. Neumann is a tall, exuberant 36-year-old Israeli who wears his dark
hair to his shoulders. He came to the United States in 2001, “chasing the
American dream,” he told the protesters during their showdown in the street
last month. “I came wanting to change the world.”

He founded a baby clothing company but walked away from it after his wife
observed that he wasn’t passionate about apparel. Next, he started an
eco-friendly co-working space in Brooklyn with his friend Mr. McKelvey and
other investors. Wanting more control of the product, he sold his stake in
that company and founded WeWork with Mr. McKelvey, a former store designer
for American Apparel.

The official mission of WeWork is “to create a world where people work to
make a life, not just a living.” And as a spokesman for the altruistic We
Generation, Mr. Neumann is dismayed that the union is demonizing him. “We
care about this topic so much,” he said.

The cleaners, however, say that Mr. Neumann passed up a critical
opportunity to demonstrate his concern. When they began organizing this
summer, CBM asked WeWork to change its contract in order to pay the
cleaners higher wages and allow them to join a union — though a union of
CBM’s choosing. But WeWork declined to renegotiate, saying the CBM proposal
was “sketchy.” CBM terminated its contract with WeWork.
Photo
The quiet room at WeWork offers mood lighting and hammocks. Credit Cole
Wilson for The New York Times

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CBM did not respond to numerous emails and phone calls.

Mr. Neumann said CBM’s action only accelerated the inevitable: Even before
the protests began, WeWork had been planning to make the cleaning jobs
in-house.

CBM was hired years ago as WeWork was quickly growing throughout New York,
its home base. “It was one of a thousand decisions we were making at the
time,” Mr. Neumann said. “It was about who can supply us a service and what
can we afford.”

But this year, Arthur Minson, who had been the chief financial officer of
Time Warner Cable, joined WeWork as chief operating officer. Mr. Minson
quickly soured on CBM and determined that WeWork should hire its own staff.
“We were a five-star brand with one-star cleaning,” he said.

Though hiring in-house cleaners would fly in the face of decades of
conventional business wisdom, Mr. Minson said it was a necessary move for
WeWork. Janitors interact with WeWork members constantly and need to be
steeped in its corporate culture. Mr. Minson also wanted to give cleaners
expanded responsibilities, like preparing offices for new tenants and
delivering food to conference rooms.

“I’m a big believer in in-sourcing member-facing functions,” Mr. Minson
said. “If you want to build a powerful brand in the services industry, you
have to.”

After CBM terminated its contract, WeWork began hiring about 100 so-called
community service associates to clean its New York offices. It offers $15
to $18 an hour, as well as benefits, sick days and a small amount of stock.
Over all, the cost per employee is about twice as much as what WeWork was
paying CBM. Mr. Minson said WeWork would expand the model to other cities.
(WeWork still uses CBM in Boston and Washington.)

As the new positions were filled, WeWork refrained from hiring CBM workers
because of a no-hire clause in its contract. WeWork said that it asked CBM
to waive that restriction, but that CBM initially declined. When CBM
finally did waive it, WeWork had already hired many new cleaners, leaving
few open jobs.
Photo
WeWork's shared kitchen has cold-brew coffee and organic snacks. Credit
Cole Wilson for The New York Times

The local Service Employees International Union
<http://topics.nytimes.com/top/reference/timestopics/organizations/s/service_employees_international_union/index.html?inline=nyt-org>
chapter, which has been working with the former WeWork cleaners, contends
that WeWork intentionally avoided hiring former CBM workers so it could
prevent pro-union cleaners from joining the company and trying to organize.
The S.E.I.U. filed a charge with the National Labor Relations Board
alleging as much, but the board has not yet taken any action. WeWork denies
the claim.
Continue reading the main story
<http://www.nytimes.com/2015/09/13/business/at-wework-an-idealistic-startup-clashes-with-its-cleaners.html?_r=0#story-continues-8>
Recent
Comments
James Warren 19 hours ago

First of all, the multibillion dollar valuation is a distraction. This
company is a real-estate company with an edgy brand. But the multiple...
LF 23 hours ago

Was this an article about the disjunct between the rhetoric of
contractor-economy companies and their reality, or about a dispute at We
Work...
de Rigueur 1 day ago

I am failing to understand the use of the word "idealistic" in the header
as applied to this start-up. When the founder came to the this...

   - See All Comments

In recent weeks, after CBM waived the no-hire clause, WeWork hired about 20
of the laid off cleaners. But it appears unlikely that all, or even the
majority, will ever be part of the WeWork family.

Nathalie Torralba, who had cleaned in WeWork’s offices for 18 months, said
she had interviewed for one of the new positions weeks ago but had not
heard back. Mr. Castelan has also applied, but has not been hired.

“They decided to hire new employees and give them what we were asking for,”
Mr. Castelan said. “That’s not fair.”
A $10 Billion Target

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The very attributes that have made WeWork so successful have also exposed
it to this bruising labor brawl. As Mr. Neumann is finding out, the We
Generation cares about janitors, too.

Jane Barratt, who runs an investment platform called GoldBean and has
worked out of a WeWork space in New York’s SoHo neighborhood for 18 months,
canceled her membership after mounting frustrations with the company,
including over what she said was poor customer service and the labor
dispute. “The treatment of the cleaners was the last straw,” she said.

More than 500 WeWork members signed a petition demanding that the company
hire the former CBM cleaners as community service associates. Julie Sygiel,
the founder of an underwear company called Dear Kate that is operated from
a WeWork space in New York, recently delivered the petition to Mr. Minson,
accompanied by two former cleaners.
Photo
Artie Minson, chief operating officer of WeWork. Credit Cole Wilson for The
New York Times

“I believe WeWork has a responsibility to commit to rehire all qualified
former cleaners who have applied for a new position,” Ms. Sygiel said after
the meeting.

Unlike many start-ups in the digital age, WeWork seems to be making money.
The company would not disclose its financial performance. But according to
internal documents obtained by The Information
<https://www.theinformation.com/>, a technology news website, WeWork had
$75 million in revenue last year, with $4.2 million in profits.

By any conventional measure, those figures do not support a $10 billion
valuation. Like other start-ups, including Uber and Airbnb, WeWork is part
of what many critics are describing as a new technology bubble. Yet WeWork
is anticipating huge growth as it expands rapidly and gains corporate
clients renting hundreds of desks each. It forecasts nearly $1 billion in
profit on sales of $3 billion by 2018, according to the documents.

The number that matters most to the cleaners who were fired, however, is
not revenue or profit. It’s that $10 billion valuation. That number made
WeWork’s behavior that much harder to understand. If any company can afford
to pay janitors a living wage, they figured, it is WeWork.

“It was clear to everyone including the workers that this is a company that
is doing very well,” said Rachel Cohen, an S.E.I.U. organizer. “Why would
they be using a cleaning contractor that is paying substandard wages?”

Other fast-growing tech companies are encountering similar criticism as
they grow. Uber, the on-demand car service, is appealing a ruling by the
California Labor Commissioner’s Office that required the company to classify
a driver
<http://www.nytimes.com/2015/06/18/business/uber-contests-california-labor-ruling-that-says-drivers-should-be-employees.html>
not as an independent contractor but as an employee.

Facebook recently faced its own version of WeWork’s conundrum when the bus
drivers who ferried its workers from San Francisco to Silicon Valley, and
worked for a subcontractor, demanded better pay. Facebook responded by
announcing that all employees of its major contractors would receive at
least $15 an hour, paid vacation and sick time, and parental benefits.

Whether WeWork brings all cleaning jobs in house or continues to use
contractors, its growing footprint means it will have to be more attuned to
the people who clean and maintain those spaces.

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Cristian Diaz, 25, moved to Queens from Colombia in 2012 and quickly began
cleaning at WeWork spaces around the city. But despite long hours and no
vacations, Mr. Diaz said his $10 hourly wage left him with almost nothing
to send home to his parents in Medellín. “We were just getting by,” he
said. He supported joining the union, hoping it would mean better pay and
benefits.

Mr. Diaz, who has been out of work for a month, applied for a new job with
WeWork, but has not been offered one.
The Last Word

On the sweltering night in August when Mr. Neumann squared off with the
cleaners on West 18th Street, he called for calm after some heated
exchanges, and delivered a soliloquy that would be the final word for the
evening.

“There’s a saying, ‘God truly helps those who help themselves,’ ” he said.
“I understand your heart. I know everybody here is trying to help. You keep
pursuing a job at WeWork. If you’re the right fit, you will get a job,
because we’re interested in the right people. We’re going to keep growing.
But we’re very comfortable with our position. We will definitely not be
blackmailed, pushed or aggressively moved into anything. That will not
happen. Not in this country, because this is a great country where freedom
comes first.”

“I feel you, I understand,” Mr. Neumann continued. “I do not think you have
all the facts. I don’t think you know everything that happened, but I know
life is tough that way. So I will keep doing my best to make the most
difference I can — first in your lives and my employees’ lives, and in the
world.”

With that, Mr. Neumann turned and walked into the office of his $10 billion
start-up. It was as if he had been speaking in a foreign tongue. The front
door had not shut when the chanting resumed: “WeWork, shame on you! WeWork,
shame on you!”

-- 
Leif Utne
VP of Business Development
Warecorp <http://warecorp.com> / DrupalSquad <http://drupalsquad.com>
+1.612.327.0123
linkedin: linkedin.com/in/leifutne/ <http://www.linkedin.com/in/leifutne/>
twitter: @leifutne <http://twitter.com/leifutne>
blog: leifutne.com
skype: leifutne
--

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