Patience urged as trash dispute approaches two months
WAKEFIELD — Patience, as they say, is a virtue. During the on-going trash strike, the stretched-out DPW is urging us to use as much of it as we can.
Friday, the town sent out an update on the state of trash and recycling collection as contractor Republic Services continues its labor dispute with members of Teamsters Local 25, to which Republic employees belong. The strike will be two months old on Labor Day.
In a quick interview last week, DPW Director Joseph Conway said six-to-eight person crews are being used to help Republic replacement workers pick up residents’ trash and recycling. Sometimes the Republic replacements don’t get into town until 11 in the morning, so the dedicated local crews do the routes for the workday’s first four hours.
During the summer, the DPW has been able to absorb a little of the extra work thanks to seasonal part-time employees. But as schools reopen, that temporary workforce is eliminated and the permanent staff is left unaided.
As a result, the many different things usually done by the DPW get pushed back, drawing some complaints from the public.
This is what the town sent out Friday:
“Republic Services, Wakefield’s trash and recycling contractor, has been in a labor dispute with its union employees since July 1. Since that time, Wakefield’s Public Works Department has been providing curbside collection service to minimize impact to residents and reduce the public health risks that lingering trash can create. Although Republic has secured minimal staff to service some of its customer routes, a majority of the work is still being done by our Public Works employees.
“In order to accommodate this additional service, staff members were reassigned and work orders reprioritized. We appreciate your patience, as response times for some Public Works services may be longer than what you are used to. If you have requested repairs to your collection barrel, put in a service ticket for a damaged sign, or similar non-emergency service, know that the Department is working to complete your request as soon as possible.
“The labor strike is impacting more than a dozen communities across the state.
“If you have any questions, or would like to speak to a member of the Public Works staff, you can call 781-246-6301.”
Republic Services and the Teamsters are at a bargaining impasse over salary and benefits. Republic has said that their wage offer is better than the competitors’, and argued that the health care plan the union wants is significantly more expensive without significantly better benefits.
While bargaining has stalled, municipal, state and national leaders have urged the sides to sit down and come to an agreement.
Republic is the trash contractor in Gloucester, Danvers, Beverly, Canton, Ipswich, Lynnfield, Malden, Manchester-by-the-Sea, North Reading, Peabody, Swampscott, Wakefield and Watertown.During the strike’s second week, Atty. Thomas A. Mullen, town counsel for both Wakefield and Lynnfield, sent Republic Services a formal notice of non-performance and demand for remedy on behalf of both towns.
In the letter from Wakefield, Mullen wrote, Mullen writes, “This letter constitutes (a) notice to you under the Agreement concerning serious, continuing non-performance by the Contractor since July 1, 2025, and (b) a demand for the immediate resumption of service and remedial action to make the Town whole for damages it has suffered and continues to suffer. Specifically, since Tuesday, July 1, 2025, the Contractor has wholly failed and refused to collect recyclables within Wakefield. It has also failed (and sometimes refused) to collect refuse at all in certain locations, and failed to collect it on schedule in others. These failures constitute a breach of the Agreement, which provides:
“ ‘The Contractor agrees that if at any time during the term of this contract the Director of Public Works determines that the Contractor is negligently or incompetently performing the work, or any part there[of], is unable to the satisfaction of the Director of Public Works to perform the same, … or is otherwise failing to perform this contract in accordance with all of its terms and provisions, the Director of Public Works may, at his election at any time thereafter, terminate this contract by giving written notice thereof to the Contractor specifying the effective date of such notice of termination, [and] upon the date so specified this contract shall terminate, but such termination shall not prejudice or waive any rights of action which the Town may have against the Contractor because of any default or failure in performance of this contract up to the date of such termination, and the Contractor shall be liable to the Town for any amount which it may be required to pay for labor and equipment … during the remainder of the period covered by this contract over and above the amount that would have been paid to the Contractor for the performance of the work during said period.’ ”
According to Mullen, “Wakefield’s Director of Public Works, Mr. Joseph Conway, has determined that since July 1, 2025, the Contractor has failed to perform the scope of work set forth in the Agreement. He is not, at this time, exercising his right to terminate the Agreement, but reserves that and all other rights under the Agreement, at law, in equity and otherwise.
“The Town intends to apply the liquidated damages provision of the Agreement. It also reserves its right to seek other remedies as well, including termination, a suit for damages and the application of the performance bond required by Article 3 of the Agreement. The Town’s damages, which have been accruing since July 1, 2025 and continue to grow, include the cost of renting trucks and other equipment to collect and transport refuse and recyclables, paying Town employees and independent contractors to fill in for the Contractor, and the cost of overtime which your non-performance has precipitated. Please note that the Agreement calls for payment by the Contractor of liquidated damages of $2,500 per day if “the contractor fails to report for daily collection services,” and provides that all such damages ‘may be deducted by the Town from Contractor’s payment.’ Agreement, Article 13(R). It is premature to do the math, but it is clear that the liquidated damages which the Town is entitled to withhold from its payments to the Contractor and pursue through legal action have already achieved a substantial level. Further, resort to liquidated damages does not preclude the Town from seeking other, additional remedies for its losses. ‘In addition to all of its other rights and remedies under the Contract, at law or in equity, the Town shall be entitled to assess liquidated damages.’ Agreement, Article 12 (emphasis added).
“If, as I understand, a pending labor dispute has affected your ability to meet your obligations under the Agreement, I must point out that the same cannot constitute an excuse for non-performance. The Agreement permits the Contractor ‘additional time wherein to perform and complete this contract as the Director of Public Works shall certify in writing to be just’ if delays ‘are caused by acts of God, acts of Government or State, extra work or other contingencies clearly beyond the control or responsibility of the Contractor.’ Agreement, Article 5. It is by no means clear that any disagreement between you and your laborers is ‘beyond [your] control or responsibility,’ and Mr. Conway is not prepared at this time to so certify. Moreover, separate language in the Agreement specifically addresses “delays … caused by a strike of the Contractor’s employees,” and it requires you to “diligently and in good faith take all action necessary in order … to resume operations”, without excusing your nonperformance if such action proves inadequate. (Emphasis added.)
“My client has been generally pleased with the Contractor’s performance under the Agreement until this month. It would be the Town’s strong preference to avoid having to terminate the Agreement. It is important, however, that you understand that (a) the Town has suffered and continues to suffer substantial damages as a result of the Contractor’s non-performance; (b) it will commence withholding liquidated damages and other costs so incurred from amounts otherwise due the Contractor, starting with the next scheduled payment; and (c) it reserves all other rights and remedies,” Mullen’s letter to Republic continues.