A Living Wage at the Buffalo Niagara Medical Campus: Economic Justice in the Queen City Bradley Loliger SUNY Buffalo Law Student Downtown Buffalo has seen a tremendous amount of growth over the past few years. The development of Canalside at the Inner Harbor, restoration of the Hotel Lafayette, and the increasing number of loft apartments in the downtown core has created a great amount of excitement for the region. One of the most significant developments has been the creation of the Buffalo Niagara Medical Campus (“BNMC”), and its expansion is seen by many as the cornerstone of a revitalized City of Buffalo. One way to distinguish the BNMC as an innovator, and to cultivate the new, 21st century Buffalo, is for the members of the BNMC to voluntarily adopt a campus-wide living wage standard, similar to the one that currently applies to the City of Buffalo. This would allow all BNMC employees workers to share in the growth of the region, and stand as an example of how a city can expand, create jobs, promote economic justice, and reduce poverty. The Buffalo Niagara Medical Campus – What Is It? The BNMC is “a consortium of the region’s premier health care, life sciences research, and medical education institutions, all located on 120 acres in downtown Buffalo, New York”1. Many of the major players in Western New York healthcare have a physical presence at the BNMC: The member institutions include Buffalo Hearing & Speech, Buffalo Medical Group, Hauptman-Woodward Medical Research Institute, Kaleida Health, Olmsted Center for Sight, Roswell Park Cancer Institute, the University at Buffalo, The Center for Hospice and Palliative Care, the Ross Eye Institute, and Unyts2. Each of the member institutions is an independent company or organization, but they work together to promote the BNMC as a whole. Growth is a major part of the BNMC: In 2003, the campus had 7,000 employees, and by 2010, the campus filled 3.4 million square feet and had 8,500 employees3. The BNMC continues to expand; the Master Plan projects that the campus will fill 4.8 million square feet by 2015, and nearly 10 million square feet by 20304. Much of this growth will come from the University at Buffalo, which plans on relocating the Page 1 of 5 School of Medicine and Biomedical Sciences, as well as the schools of nursing, pharmacy, and public health to the BNMC5. As the BNMC expands, there is expected to be a growth in the popularity of Downtown living and use of the Metro Rail6. The Living Wage – A Form of Economic Justice In the states and at the federal level, there are minimum wage laws that dictate the lowest amount an employer can pay an employee. With some exceptions, the minimum wage rate in New York State is currently $7.25 per hour7. The 2013 budget calls for this minimum wage to be raised to $9 per hour by 20158. Some have argued that the minimum wage is not the best method to support workers. Many advocate for a living wage, which can be defined as “a wage which would provide someone who works full-time year-round with a decent standard of living as measured by the criteria of the society in which he/she lives9.” The living wage is framed as a way of promoting “economic justice” and a “fair economy,” so that all workers can live with dignity10. In more applicable terms, a living wage is an amount of money that is enough to keep a family of three or four out of poverty11. Advocates for the living wage believe that it does not make sense that there are people who work full time, but still live in poverty12. Further, the costs of public benefits are high, and raising taxes to pay for welfare benefits is unpopular. Those in favor of a living wage argue that a greater adoption of a living wage for all businesses would address this problem. The Living Wage in the Queen City – Current Policy While the living wage has not taken hold at the federal or state level, many individual municipalities throughout the country have living wage policies. Between 1994 and 2004, over 90 local governments in the United States adopted living wage ordinances13. Buffalo’s Living Wage Ordinance was adopted in 1999, and has was amended in 2002 and 200714. This Ordinance applies when the City contracts with a business and pays that business more than $50,000 per year, or if the business pays the city more than $50,000 per year (i.e. Buffalo Civic Auto Ramps leasing land from the City)15. The ordinance also applies to employers who have more than ten employees16. Further, if the business that the City contracts with subcontracts, the subcontracted workers also must be paid the living wage17. With Cost of Living Adjustments, the current living Wage Rate in the City of Buffalo is Page 2 of 5 $12.40 per hour for workers without benefits and $11.05 for workers with benefits18. The Living Wage currently applies to several local businesses that contract with the City, including All Pro Parking, Buffalo Civic Auto Ramps, The Olmstead Parks Conservancy, Morris Protective Service, and Rural Metro Medical Services19. After a lawsuit, the City of Buffalo itself became a covered entity, and is required to pay its workers a living wage.20 The Living Wage Ordinance is enforced by the Living Wage Commission, which is “a volunteer citizen commission with power to investigate, hold hearing, and recommend sanctions.21” The Businesses report to the commission to ensure that they are acting in accordance with the Ordinance. The Living Wage Ordinance has been seen as a success: For example, the Buffalo Civic Auto Ramp has seen less employee turnover and theft, and a higher employee morale since the City adopted the ordinance22. Implementing a Living Wage at the BNMC – An Opportunity to Set the Course for the Future Buffalo’s Living Wage Ordinance has had a positive impact on workers by raising their wages, but its effect is not widespread, as the total number of employees the Ordinance impacts is small. One way to create greater economic justice for all would be for the Buffalo Niagara Medical Campus to voluntarily adopt a living wage similar to the City’s Living Wage Ordinance. Creating a living wage at the BNMC would be more complex than implementing the City code, as the campus consists of ten separate member institutions, each with their own interests. It would not be as simple as the city only signing contracts with employers who pay living wages to their employees. However, the BNMC is presenting itself to the nation as a leader in medicine and healthcare. To truly set the BNMC apart from all other hospitals and medical centers, all member institutions could agree to pay all of their workers at least the City of Buffalo’s living wage rate. The practice of medicine can be a lucrative field: The average salary of a Medical Doctor is $166,400 per year, and the average salary of a registered nurse is $64,690 per year23. In 2006, Kaleida Health’s profits reached $26 million24. However, healthcare professionals are not the only employees at the BNMC. In order to make sure the entire campus Page 3 of 5 functions day in and day out, it is necessary that each institution hire security guards, parking attendants, janitors, foodservice workers, laundry workers, and numerous other “behind-the-scenes” employees. While these employees may not contribute directly to the health of patients, without their services, the doctors at BNMC would be unable to provide appropriate care. Providing these workers with a living wage could help bring them out of poverty, improve employee morale, and create a better work product, as happened with the Buffalo Civic Auto Ramps. This would set a standard for other medical campuses around the nation. Further, research has shown that there is a strong correlation between health and income: “Poor people are less healthy than those who are better off, whether the benchmark is mortality, the prevalence of acute or chronic diseases, or mental health.25” The BNMC purports to be creating a “distinct environment that provides opportunities for active and healthy living.26” If all the member institutions are truly committed to this goal, then they should come together to agree that a minimum wage is not sufficient pay for the support staff of BNMC, and voluntarily adopt a campus-wide living wage. It makes good sense to pay all the workers in such a way that will allow them to live healthy lives. Steps are being taken in this direction: According to Patrick J. Whalen, Chief Operating Officer of BNMC, Inc., “low-skill” workers are being trained via programs at Goodwill and then working at the medical campus, being paid nearly $10 per hour for maintenance and grounds keeping work27. This is a good start, but if BNMC truly wants to set a standard of care for the region, and stand as a world-class health organization, all member institutions must adopt a living wage. The BNMC member institutions want to be the springboard to the future for Buffalo. This cannot happen if the Campus creates high wage jobs for college educated people, and ignores the economic needs and realities of the support staff; maintaining the status quo will keep the poor in poverty and fail to move the region forward in a progressive direction. Adoption of a living wage standard for the BNMC would set the medical campus apart from all others, provide workers with economic justice, combat poverty, and consequently promote better health outcomes for all. Page 4 of 5 1 Buffalo Niagara Medical Campus website Homepage – “Welcome to the Future.” http://www.bnmc.org 2 BNMC Member Institutions. http://www.bnmc.org/bnmc-members/ 3 BNMC Master Plan, p. 2 - http://www.bnmc.org/wp-content/uploads/BNMC-MasterPlan-Update-FINAL_12-3-10.pdf 4 Id. 5 UB 2020. UB’s Physical Plan – Downtown Campus. http://www.buffalo.edu/ub2020/building_ub/building_ub/6_downtown_campus.html 6 Robert McCarthy, The Buffalo News. “Putting it all on the line.” 3/24/2013, p. A1. 7 New York State Department of Labor. Labor Standards – Minimum Wages. http://www.labor.state.ny.us/workerprotection/laborstandards/workprot/minwage.sht m#MIN_WAGE_LAWS 8 Edward Krudy, Reuters. “New York budge deal includes minimum wage hike, tax breaks.” http://www.reuters.com/article/2013/03/21/us-usa-newyork-budgetidUSBRE92K0TC20130321 9 Jerold L. Waltman. The Case for the Living Wage, Algora Publishing, New York, 2004, p. 4. 10 Donald R. Stabile. The Living Wage: Lessons from the History of Economic Thought. Edward Elgar Publishing Limited, 2008, p. 1. 11 Personal email communication with Sam Magavern, 3/28/2013. 12 Id. 13 Jerold L. Waltman. The Case for the Living Wage, Algora Publishing, New York, 2004, p. 3. 14 City of Buffalo Living Wage Commission FAQ: http://www.citybuffalo.com/files/1_2_1/Living%20Wage%20Commission/FAQ10.pdf 15 Id. Id. 17 Id. 18 Personal Email Communication with Sam Magavern, 3/28/2013, and Social Security Cost of Living Adjustment http://www.ssa.gov/cola 19 Living Wage Law – Covered Employers Contact Information. http://livingwagelaw.wikispaces.com/Covered+Employer+Contact+Information 20 Personal Interview with Sam Magavern. Conducted 3/27/2013. 21 City of Buffalo Living Wage Commission FAQ: http://www.citybuffalo.com/files/1_2_1/Living%20Wage%20Commission/FAQ10.pdf 22 Personal Interview with Sam Magavern. Conducted 3/27/2013. 23 Occupational Outlook Handbook. http://www.bls.gov/ooh/healthcare/physiciansand-surgeons.htm and http://www.bls.gov/ooh/healthcare/registered-nurses.htm 24 Franczyk, Annemarie. Buffalo Business First. Kaleida triples previous profit. April 27, 2006. Retrieved from Westlaw. 2006 WLNR 7079523. 25 University of Wisconsin-Madison Institute for Research on Poverty. Health & Poverty. http://www.irp.wisc.edu/research/health.htm 26 Buffalo Niagara Medical Campus website Homepage – “Welcome to the Future.” http://www.bnmc.org 27 Presentation by Patrick J. Whalen at BNMC’s Innovation Center to Sam Magavern’s SUNY Buffalo Law Fighting Poverty in Buffalo Class. Friday, March 29, 2013. 16 Page 5 of 5