City of Memphis prepares for unsanctioned sanitation workers' strike

This story has been updated to clarify how the City of Memphis became aware of a potential strike among sanitation workers. 

The city of Memphis said Wednesday it had emergency, private garbage crews on standby in case of a "wildcat" work stoppage this coming weekend. 

"They are operating outside of their leadership. Should this stoppage occur, it’s in breach of the memorandum of understanding with the city and also the ordinance. We are in the process of contracting with two emergency contractors to fill any void that’s left," City spokesman Dan Springer said. 

Springer said any worker who participates in an unauthorized work stoppage technically resigns their position with the city of Memphis under the city charter. 

How large of a work stoppage is planned for Saturday is unclear or if it will happen at all. Any potential stoppage could delay trash pick-up scheduled for this weekend after being pushed back for the Martin Luther King, Jr. holiday. 

The city's comments came after the head of AFSCME Local 1733, the Memphis sanitation workers union, wrote a letter Memphis Mayor Jim Strickland Friday disavowing a planned, "unsanctioned" strike that could delay trash pick-up this weekend. 

"It has been brought to my attention that some employees of the City of Memphis Solid Waste Division are attempting to organize a work stoppage. It is (scheduled) for Saturday, Jan. 25, 2020. I assure you that the leadership of Local 1733 does not support any action that violates city ordinance. ..," Jason Hunter, the president of the union wrote to Strickland. 

Gail Tyree, executive director of AFSCME, told The Commercial Appeal that Hunter wrote the letter after the city's solid waste division confronted union leadership with flyers that bore the union's logo advocating an event planned for Saturday. City officials asked for a letter disavowing the work stoppage, which the union provided. 

The AFSCME letter to Strickland went on to say that Hunter had received a copy of a flyer pushing AFSCME employees to oppose the reappointment of Solid Waste Director Al Lamar Tuesday at the Memphis City Council meeting. The CA obtained the AFSCME letter at the meeting. 

One solid waste employee, Maurice Spivey, addressed the City Council and said Lamar had been acting illegally by forcing employees to work on weekends.

He accused Lamar of "operating under fraudulent pretenses."  

Spivey said Lamar has a goal of privatizing and contracting out the city's trash pick-up service, replacing public employees. 

Lamar stood in the back of the room with little expression on his face. Lamar and other division directors were reappointed Tuesday. 

"Maurice Spivey does not speak for AFSCME. He does not speak for this local, and if he was speaking, he was speaking his own opinion as an employee of the city of Memphis," said Gail Tyree, executive director of AFSCME, in an interview Wednesday. 

At present, about 20% of the city's trash service is privatized and the remaining 80% is conducted by the city's solid waste division.

The Strickland administration overhauled the trash service over the past two years, increasing the frequency of outside-the-cart pick-up. Those changes have cleaned up the city to some extent but have meant longer days for a city department that struggles with a high absentee rate.  

In a recent email to constituents, Strickland apologized for the slowness of leaf litter pick-up after the holiday season. Trash bags full of leaf-litter lingered on sidewalks for weeks, recalling the period before Memphis expanded trash pick-up in spring 2019. 

More City Hall coverage:This spring, the City of Memphis changed how it picks up your trash. Now, the bill is due

That lagging service came immediately after the holiday season and after the Strickland administration used the prospect of 275 full-time and temporary workers losing their jobs to get a solid waste fee increase through the City Council in December. 

Under the city of Memphis charter, going on strike against is forbidden. The charter was amended in 1978, 10 years after the 1968 sanitation workers strike to forbid such actions. 

"Any municipal employee who willfully fails to report for duty, is willfully absent from his or her position, willfully engages in a work stoppage or slowdown, willfully interrupts city operations or services," the charter says.  

It continues, "Or in any way willfully abstains in whole or in part from the full, faithful, and proper performance of the duties of his or her employment because such municipal employee is 'honoring' a strike, shall be deemed to be on strike."

Samuel Hardiman covers Memphis city government and politics for The Commercial Appeal. He can be reached by email at samuel.hardiman@commercialappeal.com.