Resolution of Strike Matter with Republic Services: Community Event Services to Benefit Fullerton
Dear Fullerton Resident,
As you are aware, there was a disruption in services in late 2021 which was due to a strike initiated by the Teamsters representing employees of Republic Services, our waste management service provider. During such strikes or unforeseen circumstances, many legal and contractual aspects come into play. In this context, a term often used is “force majeure.” Force majeure is a legal concept that refers to unforeseeable circumstances or events beyond the control of parties involved in a contract that prevents them from fulfilling their obligations. These events are typically considered acts of nature, such as natural disasters, wars, or, in this case, a labor strike, which can be deemed beyond the control of the service provider. The strike that took place falls within the realm of force majeure, as it was a situation beyond the direct control of Republic Services, affecting their ability to maintain regular waste management services as outlined in their contract with the City. As you may be aware, the Teamsters were recently awarded backpay in the Courts for that period of time.
As a result of force majeure, it can sometimes be challenging for service providers to fulfill their obligations as per the usual terms of the contract. This might include the inability to provide compensation or credits for the duration of service disruption, as the circumstances preventing service were unforeseeable and outside of their direct control. However, it’s important to note that despite the limitations posed by force majeure, we have engaged in discussions with Republic Services to find a mutually beneficial resolution.
The City has worked with Republic despite the legal language in the contract to find an alternative means to provide the City up to $95,000 in free service for Community events or Community benefits.
Michelle Duron
Fullerton’s housing stock consists of 45,782 total units, 23,662 of which are owner-occupied and 22,120 of which are renter-occupied.
$95,000 divided by 42,782 homes amounts to $2.22 for each home.
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Categories: Local Government, Local News
$2.22 is a very, very disappointing result – and if you go per resident, it’s less than a dollar a piece. Strikes shouldn’t be considered force majeure, they are an entirely predictable and avoidable result of an employer refusing to answer to the demands of its employees.