What a mess: Mass. cities sue trash company over uncollected garbage

Six cities and towns in Greater Boston are taking a private sanitation company to court, saying its prolonged worker strike has led to piles of uncollected trash, hordes of rodents and a foul stink in the air.

In the suit, filed in Essex Superior Court on Thursday, Beverly, Canton, Danvers, Gloucester, Malden and Peabody demanded Republic Services fulfill its contracts, pick up the accumulating garbage and pay for the municipalities' costs.

"The nuisance conditions caused by the defendants have directly impacted the public
health and safety of the municipalities," attorneys for the communities wrote.

Republic's unionized sanitation workers walked off the job on July 1. The Teamsters union has accused the company of not negotiating in good faith as they bargained for a new contract. Workers said they want a salary increase. Republic said its pay is "competitive."

Soon after the strike started, the plaintiff communities said, recycling and trash collection faltered or stopped. When asked, the suit alleges, Republic would issue the cities and towns lists of streets and dates where it would collect refuse. But the company often failed to pick up the trash, leading to more garbage on the street and frustrated residents.

"As a direct result of the defendants' inactions, private dumpsters within the
municipalities are overflowing with trash and recycling," the suit reads.

Gloucester Mayor Greg Verga told WBUR that the city's public works employees are picking up trash. But that comes at a cost to the city, both in extra salary for the workers and the fact that those workers aren't able to do their regular jobs.

"We certainly respect the collective bargaining process, but we are looking at the potential of a public health crisis and other nuisances," he said. "We just can't wait until the strike is resolved. We have to have people here picking up the trash."

The communities in the suit filed Thursday aren't the only ones making a legal stink about the work stoppage.

Republic has sued the union, Teamsters Local 25, decrying tactics they say picketing members have employed. In one case, they accused an unknown worker of stealing a company truck, which was found a short time after it went missing, In other cases, they said Teamsters have hurled insults at managers and replacement workers, and blocked their entry into Republic's property in Revere.

And a Brookline apartment building owner and separate private sanitation service together sued Republic for breach of contract and creating a nuisance. According to that suit, Republic has tried to stop the property owner from hiring the other sanitation company to collect trash Republic hasn't picked up.

"The property now has rodents and a terrible stench because of the garbage," the property company, Atlas LLC,  wrote in its suit. "Neighbors have begun to complain to the residents and Atlas about the rodents and stench. Certain tenants have now threatened to withhold rent because of the trash piling up, rodents and stench."

According to the Brookline suit, Republic issued a cease-and-desist order when Atlas tried to hire Star Services to pick up the trash. The suit states the Republic contract has specific language that says failure to pick up trash due to a work stoppage is not a breach of contract. Republic asserted that Atlas was the party in breach when it tried to bring in the separate vendor.

Several politicians have called on Republic Services to end the strike, including the state treasurer, auditor and the Boston City Council. Gov. Maura Healey Thursday called on Republic to reach a deal.

“This has gone beyond a headache for residents, businesses and municipalities — it is a public health concern and it’s expensive for everyone," she said in a statement. "Sanitation workers do essential work to keep our neighborhoods clean and healthy, and they deserve fair wages, benefits and protections. Republic Services needs to come to the table and reach a fair deal — it's time to get people back to work and resume services to our communities as soon as possible.”

With reporting from WBUR's Fausto Menard.