WCA Responds to Carwash Unionization Attempt

Editor’s Note: The Western Carwash Association issued a letter to its members April 4 in response to a recent union report that harshly criticizes the working conditions and operations of Southern California carwashes. Efforts are underway in the Los Angeles area to unionize carwash workers. To inform operators across the nation about the WCA’s stance on the union movement, as well as its efforts with member operators and labor officials, Modern Car Care obtained permission to reprint the association’s letter.

In response to articles in the media, discussions on talk radio, and a report that was issued by the Car Wash Workers Organizing Committee (CWWOC) of the United Steelworkers Union, the following is provided to establish a fair and equitable balance for the public.

The report issued by the CWWOC is a distortion of the conditions in the professional carwashing industry. As we have stated unequivocally in the past, the Western Carwash Association does not condone or support unfair labor practices or hazardous working conditions in the carwash industry. We also do not support hazardous working conditions or worker abuses. We believe the CWWOC report is talking about the minority of carwashes in California.

The CWWOC report stereotypes and infers that carwash workers are unable to negotiate with carwash owners on their own and they need the assistance of a union. This is why we believe the report fails to accurately or fairly address conditions in the professional carwash industry.

The Federal Department of Labor Standards and the California Department of Labor Standards Enforcement regulate wages and hours and work rules to ensure workplace safety. We believe that unions are never the remedy for criminal offenses.

The laws that ensure fair and equitable pay, safe working conditions, proper workers’ compensation coverage, and health and safety codes are abided by the vast majority of carwash operators. In fact, the association has worked closely with the California Department of Labor and the U.S. Department of Labor in providing information and education to our operators regarding existing laws and the need to comply.

The laws that are needed to accomplish what the union states it can provide have been in effect for years. What we need instead of unionization is enforcement of the existing laws to provide a safe workplace environment.

The Western Carwash Association has worked closely with the Department of Industrial Relations and all the labor commissioners since AB 1688 (Carwash and Polishing Registration Act) became law on Dec. 22, 2005. We, in fact, suggested at the beginning of the legislative process in 2003 that the measure be a bill that enforces existing laws and that the fines for violations be significant to provide a deterrent to those operators who were found to be in violation.

Our efforts to stay on top of this situation in California do not end. WCA met with Labor Commissioner Angela Bradstreet in her Los Angeles office on April 15 [see update below]. Once again, we will work with the Department of Industrial Relations to help rid our industry of “rogue” carwash operators while making the business life of professional carwash operators fair and equitable.

The CWWOC’s report also misstates the very important contributions made by professional carwash operators in preserving and protecting our environment. We have a long and documented history of water conservation and environmental preservation. We promote professional carwashing as an alternative to charity fundraising that is done in an environment that allows untreated wastewater to flow into the storm drain system and find its way into the ecosystem (rivers, streams, lakes and oceans). The wastewater from professional carwashes goes directly into the sanitation sewer and/or is collected, pretreated and placed in a landfill.

Unfortunately, there are carwash owners who do not abide by the laws. They need to be caught and punished. However, the majority of carwash owners are responsible. They treat employees fairly, pay them competitively, and train them to ensure their safety and that of their customers while protecting the environment. The CWWOC report suggests otherwise and is simply ignoring reality.

The WCA will continue to address the “rogue” carwasher issue so a level playing field is provided by stopping the unfair competition that results in violating workers’ rights.

Jerry Nix is president of the Western Carwash Association.

WCA Labor Update

The Western Carwash Association emphasized its desire to clamp down on carwash owners who are in violation of labor and environmental laws during its April 15 meeting with California Labor Commissioner Angela Bradstreet, said Sam Olivito, executive director of the WCA.

“We’re considering a lot of things to do to those who are habitual [offenders],” Olivito asserted. Some penalties discussed during the meeting include possibly blocking non-compliant owners who are members of WCA from renewing workers’ compensation and liability insurance through the association or maintaining full membership benefits.

“It was a very positive meeting,” Olivito noted. “The association continues to work with the labor department, both federal and the state, to ensure that people understand what they need to do to continue to be in business.”

Olivito said the WCA and Bradstreet also discussed the possibility of holding workshops, in which WCA officials could educate members and non-members about labor laws and what owners need to do to be in compliance with regulations.