Two and a half years after University President John T. Casteen III announced U.Va. would pay its direct employees a minimum salary of $8.19 an hour, living wage supporters continue to lobby for the same policy to apply to contracted employees.
"We haven't made a lot of progress lately," said Jan Cornell, president of the Staff Union at U.Va.
The living wage is a vague term that is defined differently across the country. Generally, it is related to the amount of money a family of four must make to stay above the poverty line, although it has sometimes been extended to include benefit packages, paid vacations, the ability to unionize and other issues.
The Living Wage Campaign at the University officially began in 1998 as a function of the Labor Action Group, a coalition of students, faculty, staff and community members.
That year, some University employees began wearing '$8' buttons to show their support for a living wage. Since then, Charlottesville, Albemarle County and the University have agreed separately to offer living wages to some or all of their employees.
City Council member Kevin Lynch said the Council's decision to adopt the living wage has helped make employees more productive and motivated.
"By paying a living wage, we're putting our money where our mouth is," Lynch said. "When you're asking for 110 percent effort from employees, it's reasonable that you should offer them a wage they can live on."
The University has contracts with several companies, such as ARAmark, which provides dining services for the University. Currently, contractors are not required to pay their employees a living wage.
This creates a situation where employees at the University who receive a living wage work alongside those who do not, campaign organizer Nicholas Graber-Grace said.
"No one employed at the University should be making poverty wages," he said. "People serving food in the dining halls often aren't earning enough to adequately feed their own families."
Jerline Gray is a photocopy technician at the Education school who lives in Lovingston, Va., 45 miles outside of Charlottesville. When she took a part-time job at the Newcomb dining hall five years ago to cover gas expenses, Gray earned a little over $5 an hour without benefits for 25-30 hours of service a week.
Gray quit her job in the dining hall after four and a half years of service, having never received what she considered a significant raise. She now receives handouts from her sister to pay for gas.
"Eight dollars isn't asking ARAmark for too much," Gray said. "They can afford it."
While it is natural for employees to desire higher wages, because of market limitations pay raises are not always possible, said University Dining Services director Brent Beringer.
"Our profits wouldn't begin to cover what they're talking about," he said. "The margins just aren't there."
Considering average wages at local restaurants and businesses, ARAmark offers relatively well paying jobs, Beringer added.
"The wages we're paying are above market and the federal minimum wage," he said. "We have virtually no employee turnover."
Any adjustment in wages would directly affect the cost of attending the University, Beringer said.
"Eventually, the costs get passed on to the students who have meal plans," he said. "We're willing to pay any wages the students ultimately want to pay."
Recently, Student Council passed a resolution in support of the living wage for both directly employed and contracted workers. Beringer said he is concerned that the resolution is not representative of the students on meal plans who would be footing the bill.
"If students choose not to buy meal plans at higher prices, people will be out of a job," he said.
Board of Visitors Secretary Alexander "Sandy" Gilliam said regardless of student sentiment, the University can not require contractors to pay a living wage.
"There's been a ruling by Attorney General [Jerry Kilgore] that says state agencies may not negotiate with contractors about a living wage," Gilliam said. "There's been a misunderstanding on the part of some people about what the University can and cannot do about this issue."
Lily Whitesell, co-president of United Students Against Sweatshops at U.Va., which merged with the Living Wage campaign this year, said she acknowledges the hurdles that stand in the way of the University, but that they are not insurmountable.
"We are aware of the complications that exist, but we're willing to work to get through them," she said.
Graber-Grace said he agreed the University should not reject the goals of living wage supporters simply on the basis of Kilgore's ruling.
"Kilgore's opinion is just an opinion," he said. "It has not been legislatively or judicially established."
Last year, the General Assembly voted down a bill that would have prohibited localities from enacting living wage ordinances. Additionally, legislation that would have authorized state agencies to require a living wage when negotiating with contractors also failed to pass.
These measures show that political interest does not always coincide with the University's administrative concerns, said University Law Prof. J.H. Verkerke, director of employment and labor law studies.
"The state has authority over the University," he said. "They can tell the University what to do in matters that involve state law."
Cornell said regardless of state law, the University could lobby for a change in policy if it really supported the living wage.
"U.Va. does what they want," she said. "They don't answer to anybody."
If the University wanted to implement a living wage for contracted employees, it could seek further guidance from Kilgore or lobby the legislature to adopt an exception, Verkerke said, adding that either avenue seems unlikely to produce immediate change.
"Given the budget crisis and the current situation, I can't see it being a priority with the University administration when talking to state officials," Verkerke said. "I would be astonished to see legislators move forward on that."
Within the framework of existing legislation, Cornell said she believes the University still could implement a living wage for contracted employees.
Under the Public Procurement Act, state agencies are allowed to consider the "best value" when awarding contracts. Cornell said she thinks the benefits of offering a living wage should be considered when determining best value.
Alternatively, the University could only consider offers fromthose contractors that pay their employees a living wage without negotiating the issue, Cornell said.
"All they have to do is say we're not signing the contract until you pay a living wage," she said.
Verkerke said he sees these measures as subterfuges that would not withstand legal challenges.
"My guess is it would amount to negotiating," Verkerke said. "The University understands reasonably well what the attorney general believes about this issue."
A living wage requirement was not part of ARAmark's contract, and they have not been asked by the University to offer a living wage, Beringer said.
"It's a difficult situation for the University," he said. "Obviously, if they tell us what they'd like us to do, we'll follow that."
Because the University administration has not taken steps to extend the living wage to contracted employees, following the passage of Council's resolution the campaign sent a letter to the Board of Visitors and Casteen.
Graber-Grace said he hopes the Board will create an advisory committee to deal with the issue of a living wage.
While the Board considers their proposal, the campaign will hold a press conference at the Rotunda to support the living wage Friday.
"I don't think that U.Va. can reasonably put this off much longer," Graber-Grace said. "It's time for public pressure to be ratcheted up a notch."
Although ARAmark does not have an official policy regarding the living wage, it has been implemented at other institutions on a case-by-case basis, Beringer said.
The chances of the University requiring a living wage for contracted employees is not high because of the conservative political climate in the commonwealth, Verkerke said.
"Virginia is generally a very employer friendly jurisdiction," he added. "However sympathetic one might be to a living wage, it strikes me as something that isn't possible in this region with the political reality at this time."
Despite their disagreement over the political and economic reality of the living wage, Beringer said he thinks both sides are acting in the best interest of employees.
"We want to do the right thing for everybody involved," Beringer said. "Things just don't happen that quickly at the University."
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