Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘ROC’

D.C. Council moves to overrule voters, reinstall tipped wage system

Friday, July 13th, 2018

This week, the majority of the D.C. Council supported a repeal of Initiative 77. Initiative 77 is the ballot measure voters approved in June that eliminates the tipped minimum wage and would gradually phase out the tipped workers’ minimum wage, so that by 2026, all workers are paid the same minimum wage.

Fifty-six percent of District voters approved of it. States such as California, Alaska, Washington, and Oregon, have gotten rid of the subminimum wage, and Economic Policy Institute’s analysis shows that poverty rates for servers and bartenders are lower in the states that have.

The campaign against Initiative 77 was well-funded and backed by the Restaurant Association of Metropolitan Washington (RAMW), which created a committee, “Save Our Tip System Initiative 77” to spread anti-Initiative 77 messages. According to The Intercept, the committee is managed partly by Lincoln Strategy Group, which did canvassing work for the Trump campaign. The National Restaurant Association, which has been lobbying against the tipped minimum wage for decades, gave the campaign $25,000.

The council members who have supported a repeal include Jack Evans (D), Anita Bonds (D), Trayon White (D), Kenyan McDuffie (D), Brandon Todd (D), Vincent Gray (D), and D.C. Council Chairman Phil Mendelson (D). Brianne Nadeau (D) tweeted that although she did not support the ballot measure, voters did, which is why she didn’t back the repeal.

Council member Todd tweeted that “This bill is just the beginning of a legislative process where nuanced deliberation & constructive dialogue can take place.” When asked by Washington Post reporter Fenit Nirappil how a bill flatly repealing it would lead to nuanced deliberations, Todd responded that “it initiates public hearings. Who knows how the bill will change as testimony and more information become available.”

The Council won’t take up the bill until after summer recess. Council members chose not to announce the bill to repeal during a committee meeting and instead filed it with the Council’s Office of the Secretary.

Diana Ramirez of the Restaurant Opportunities Center DC told WAMU, “These are the same constituents who just voted them into office and re-elected them. I think they deserve to tell us why they introduced this.”

Although Ramirez has voiced a willingness to work with council members on some kind of compromise legislation, according to the Washington Post, Council member Mendelson said, “There are not a lot of compromise ideas that come to mind.”

The council has only overridden ballot initiatives four times since the 1980s, according to the Washington Post.

There have been many recent incidents of local lawmakers trying to override ballot measures. In Nebraska, Republican lawmakers filed a lawsuit to prevent voters from putting Medicaid expansion on the ballot this November. In other states, such as Maine and South Dakota, lawmakers have blocked or repealed ballot measures.

Josh Altic, project director for the Ballot Measures Project for the website Ballotpedia, told Stateline, a nonpartisan news service, “We have definitely seen some notable cases of legislative tampering this year, especially with regard to the boldness with which legislatures are willing to change or repeal initiatives.”

This article was originally published at ThinkProgress on July 11, 2018. Reprinted with permission.

About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.

Trump’s Labor pick hasn’t even had a hearing yet and his confirmation is in serious jeopardy

Wednesday, February 15th, 2017

The fight against President Donald Trump’s pick for secretary of the U.S. Department of Labor, fast food CEO Andy Puzder, is shaping up to be as intense as opposition to Betsy DeVos’ nomination for education secretary. Puzder’s long delayed confirmation hearing is set for Thursday, and a few Republican senators are already signaling they may vote against him.

Sen. Susan Collins (R-ME), Sen. Lisa Murskowski (R-AK), Sen. Tim Scott (R-SC), and Johnny Isakson (R-GA) are withholding their support of his nomination. Sen. Elizabeth Warren (D-MA) made it clear through a 28-page letter with 83 questions for Puzder that she will ensure his confirmation process will be a knock-down, drag-out fight. Other prominent Democrats have spoken out against his record as an employer, and Senate Minority Leader Chuck Schumer (D-NY) has called on President Trump to withdraw Puzder’s nomination.

DeVos ultimately squeaked through a Senate floor debate, but only after an unprecedented tie-breaking vote from Vice President Mike Pence. For weeks before that vote, thousands of people flooded Senate offices with calls against her nomination, and teachers and their allies protested.

Two Republican senators, Sen. Collins and Sen. Murkowski, who now represent half of the Republican senators withholding support for Puzder, voted against her confirmation. Now that twice as many Republicans have already voiced apprehension regarding Puzder, his chances of being confirmed appear even lower.

In her letter, Warren mentioned his “record of prolific labor law abuses and discrimination suits” and “a sneering contempt for the workers in your stores, and a vehement opposition to the laws you will be charged with enforcing.”

Puzder’s CKE Restaurants, which owns fast food restaurants such as Hardee’s and Carl’s Jr., has been the subject of class action lawsuits over the denial of overtime pay as well as lawsuits accusing the company of discrimination. Workers also allege that they were fired for protesting as part of the Fight for 15 campaign.

ROC United, a restaurant employee advocacy group, released a report last month showing that many of the over 500 workers surveyed experienced sexual harassment and unsafe conditions working at CKE restaurants. Sixty-six percent of female CKE employees said they had experienced sexual harassment at work, compared to 40 percent of women who reported such incidents across the entire industry. Puzder has also opposed a $15 per hour minimum wage.

Puzder’s nomination has also been plagued with reports of domestic abuse against his first wife, Lisa Fierstein. On Tuesday, a Missouri judge will rule on whether to unseal records from Puzder’s 1987 divorce, just two days before the nominee’s confirmation hearing. Republican and Democratic senators have also received a tape from the Oprah Winfrey Network that shows a 1990 episode titled, “High-Class Battered Women,” in which Fierstein appeared to discuss the alleged domestic abuse. Fierstein has since retracted the domestic abuse allegations.

Collins has seen the tape, according to Bloomberg, and said, “I am reviewing the other information that has come to light and I’m sure all of this has been explored thoroughly.”

Like the teachers unions that opposed DeVos, which often work with the Fight for $15 campaign, labor groups also have the power to galvanize opposition to Puzder. Last Thursday, thousands of workers protested against his nomination across the U.S., a spokesman for the Fight for 15 campaign told The New York Times. Some of the protesters demonstrated at Carl’s Jr. and Hardee’s locations.

The passionate response to DeVos’ nomination, and eventually confirmation, may also be owed to the broad appeal of protecting public school funding, since plenty of middle class Americans of all political stripes send their kids to public schools or know someone who is a teacher. There is a possibility that a broad swath of Americans would similarly oppose a nominee for labor secretary whose record suggests that he will trample on labor protections.

This blog originally appeared at Thinkprogress.org on February 14, 2017. Reprinted with permission.

Casey Quinlan is an education reporter for ThinkProgress. Previously, she was an editor for U.S. News and World Report. She has covered investing, education crime, LGBT issues, and politics for publications such as the NY Daily News, The Crime Report, The Legislative Gazette, Autostraddle, City Limits, The Atlantic and The Toast.

Fighting the Big Apple’s Big Inequality Problem

Tuesday, May 6th, 2014

sarah jaffeNew York City can sometimes feel like ground zero for the battle over inequality.  Up until a few months ago, its mayor was one of the world’s richest men; it is home to Wall Street and movie stars, and it seems as though every oligarch from every country in the world has an apartment here.

Here, too, are the millions of working people who make the city run, and all too many of those working people are barely making enough to get by. In her introduction to the new book New Labor in New York, out now from Cornell University Press, sociologist Ruth Milkman points out that while New York has the nation’s highest union density, the city also has one of thehighest levels of income inequality among large cities.

It is against this background that worker centers and other forms of non-union labor organizing have flourished, won victories, hit setbacks and managed to grow. And it is against that background that Milkman and her colleague Ed Ott, both professors at the City University of New York’s Joseph S. Murphy Institute for Worker Education and Labor Studies, decided to teach a course that would ask students at the Murphy Institute and the CUNY Graduate Center to write an in-depth profile of one worker center or labor organization and its innovations. After two semesters of field research, study, and collaborative workshopping, these profiles were collected into the book. Taken together, they make up a valuable resource for evaluating today’s labor organizing, its successes and failures.

The workers spotlighted in New Labor in New York share the common trait of precarity, a term that has become something of a buzzword in recent years, particularly since the financial crisis. Precarious work is unstable, irregular; it is part-time or gig-by-gig; it comes without healthcare or other benefits; and it is usually but not always low-paid. Precarious workers in New York include taxi drivers, street vendors, retail and restaurant workers, grocery store clerks, domestic workers and even graphic designers and TV producers. Many of them are immigrants organizing around an ethnic identity as well as a shared workplace. New York is an attractive place for this kind of organizing, Milkman notes, not only because it is dense and has a large number of immigrant workers, but also because the foundations that provide much of the funding for many of these worker centers are based here as well.

The book begins with Benjamin Becker’s look at a fairly traditional union campaign (a loss) at a Target on Long Island in June 2011. The piece sets the tone for the rest of the book by demonstrating the obstacles unions face when they attempt to win a National Labor Relations Board election, even when a fairly active core group of workers are involved. From there, the book pivots to examine a range of campaigns, only some of which have as a goal (or even a legal possibility) of organizing workers into a collective bargaining unit.

For some groups, like the Retail Action Project and the grocery store organizing campaign partnership between New York Communities for Change (NYCC) and Local 338 UFCW-RWDSU, wage theft lawsuits have been a gateway to pressuring employers to recognize the workers’ unions, as happened at the Yellow Rat Bastard retail stores in Manhattan. Ben Shapiro explores the tensions over the campaign’s direction and duration between NYCC and Local 338. When the union controls the purse strings but the community group is doing the work, trouble can arise, but this partnership smoothed out when the union backed off its push for quick results in the form of union elections.

For several other groups and coalitions profiled in the book, legislation, rather than union elections, is the goal. Jeffrey D. Broxmeyer and Erin Michaels analyze the campaign from 2010 to 2012 for a living-wage bill in New York and the similar tension there, too, between unions, accustomed to exercising political power as insiders, and community and faith groups more interested in moral framing and direct action. For the New York Civic Participation Project/La Fuente, the goal is not even necessarily particular campaigns—the goal, instead, is to engage union members around their community, and to bridge the gap between non-union community members and their union member neighbors.

“Many of these groups have been more successful on their sort of ‘air wars’ than on their ‘ground wars,’” says Milkman. In other words, she explains, “All of them have become highly skilled at figuring out how to shine a bright light on abuses and to get public attention sometimes legal attention sometimes media attention to the issues, that turns out to be a lighter lift than actually organizing workers in a sustained way.”

Many of the pieces highlight this tension between advocacy—paid staffers working on behalf of workers—and the kind of organizing where workers are acting on their own behalf. The arguments made by Steve Jenkins, a labor lawyer who has worked in both unions and non-union labor organizations, about the limits of the advocacy model appear in many of these pieces. Jenkins wrote in 2002 that advocacy organizations “mobilize elite institutions … to help clients achieve the changes they are seeking.” Unions, he contends, are a superior form because they organize workers to use “social power” to make change, rather than persuasion. But in her piece on Make the Road New York, organizer Jane McAlevey, also author of the bookRaising Expectations (and Raising Hell), writes, “I argue that what matters most is not whether a group is a formal labor union but instead whether the group’s members are directly defining the changes they seek and whether their own exercise of collective action is the basis of their leverage.” Make the Road, in her view, fits this definition of an “organizing organization.”

Meanwhile, Harmony Goldberg’s thoughtful look at Domestic Workers United, titled “Prepare to Win,” lays out the next steps for the organization after its major victory: the passage of New York’s Domestic Worker Bill of Rights in 2010. Though domestic workers were integral to the campaign, she notes, implementing the law will require “the deployment of worker power and base-building on a much larger scale than was required to win legislative victories.” To that end, she explores DWU’s attempts to train domestic workers to act as something akin to shop stewards for their neighborhoods, and honestly assesses the difficulty of organizing workers whose workplace is behind a private home’s door.

For DWU and the Restaurant Opportunities Center (ROC), both of which have spread to become national organizations, working with “high road” employers has become a strategy. ROC is having its first-ever “High Road Restaurant Week” this week to encourage conscious consumers to dine at establishments with good labor practices. ROC in particular asks consumers to be a part of the labor movement, to be as aware of the labor that produces their food as they are of its environmental impact. In some ways this has proved to be a useful strategy, but in others it seems like a tacit admission of the limitations of these organizations: As Jenkins noted, when one cannot demand, one must ask nicely.

“Symbolic victories are good, they do help make people aware of the problems,” Milkman says, “but changing the actual pay and working conditions of precarious workers is a much heavier lift.”

Political education is a part of the deal for many of the groups in this volume, from Make the Road to ROC, which makes racial and gender justice central to its campaigns. MinKwon, a Korean-American civil rights organization that does labor organizing, also works to educate and organize the broader Korean immigrant community around workers’ rights, even pressing small business owners who are members to do better by their employees.

Organizing the community around the labor battle, it turns out, can be just as important as pushing within a specific workplace. This is important to many of the groups featured here, from MinKwon to NYCC to La Fuente. As Milkman points out, “With an immigrant population, there are often connections, very direct ones, between the community and the workplace, because of the social networks that immigrants rely on both to get housing and jobs.”

United New York represents an effort by a labor union—in this case, SEIU—to build an institution to support social movement organizing. Lynne Turner explores the decision by the union to put money into the “Fight for a Fair Economy”—a fight that took off more than anyone expected when Occupy Wall Street appeared in lower Manhattan soon after the founding of United New York as part of the national campaign. Camille Rivera, leader of United NY, pushed the group and other unions to help support the nascent movement.

Some of the more creative tactics in the repertoire of new labor groups are not new at all. Milkman points out, “Prior to the New Deal and the legislation that came along in the mid-1930s, precarious work was the norm too. It’s not surprising that the pre-New Deal forms of labor organizing have some resonance today. Basically we’ve reverted back to that situation with the unraveling of the New Deal-based labor relations system.”

The Retail Action Project (RAP), launched in 2005 as an independent center with support from RWDSU and community organization Good Old Lower East Side (GOLES), draws on some of that history to incorporate what historian Dorothy Sue Cobble has called “occupational unionism:” providing workers with skills training and organizing around an industry, rather than a particular workplace. It’s a model that still exists today, within the building trades, though Peter Ikeler in this volume makes clear that RAP is far from being able to have enough power within the industry to control hiring and set wages. Still, Milkman notes, “There’s a lot more interest in that model of unionism being revived than there was in the mid-20th century when it seemed like it was this relic of an earlier era—well, that earlier era is back.”

The Taxi Workers Alliance, as Mischa Gaus writes, has in many ways been the most successful of the groups in this book—not only was it affiliated with the AFL-CIO recently, but perhaps more importantly it has pulled off two strikes. Though the taxi workers are technically independent contractors, meaning they can’t legally form a union, they are an integral part of New York City’s transit infrastructure and as such are highly regulated by the city—which means that the Alliance has been able to insert itself into critical negotiations and win gains for the drivers.

Also important to the Taxi Workers’ success has been their ability to mostly self-finance; unlike many other groups in this book, who are dependent on foundation grants or union money to keep the doors open, the Alliance gets some 80 percent of its budget from dues and other income from services to drivers. As foundations (and yes, unions too) can be fickle about their grant-making, self-funding ensures that the Alliance answers to its members first.

Self-funding has also helped the Freelancers’ Union, in many ways an anomaly in this group of mostly low-wage worker organizations, survive. In their case, it’s health insurance—freelancers can buy insurance from the Freelancers Insurance Company, and this money helps fund advocacy campaigns. The Freelancers do tend to be more affluent and educated than many of the other workers in this book, and more of them are freelance by choice, though that’s not a characteristic solely of well-off workers.

Indeed, at the other end of the income spectrum, Kathleen Dunn’s study of VAMOS Unidos, a street vendor labor organization, found that many of the vendors, mostly immigrant women who operate in a gray area between legal and illegal work (many of them don’t have permits for the selling they do), also chose vending as a better option than other low-wage jobs because of the freedom it offered.

Milkman tells In These Times, “This is not in the book, but a lot of people are talking about basic income policies as a way of making this kind of work more tolerable. If you have some kind of basic economic security then it has many advantages for workers as well as employers.” The street vendors, for example, prefer vending because it allows them flexible hours, to bring their children along, and to meet other responsibilities, as well as to avoid disagreeable conditions in other jobs.

Still, it’s not a good idea to over-romanticize precarity; this has repercussions for the people doing the organizing as well. It cannot be stressed enough that too many of these new labor organizations operate on a shoestring budget, relying on organizers who are also precarious workers in their way. Milkman says, “I don’t think it’s an accident that so many of them are led by women, because unlike the labor movement, which has a lot of resources despite its declining membership, most of these groups operate on a shoestring budget. So guess what? The leaders are women because that’s who’s willing to work for those minimal salaries.”

New Labor in New York raises many questions about the future of labor organizing, but it also provides many examples of concrete victories for workers long ignored by the conventional labor movement. Those victories are often small, but they are building; the organizations may be siloed, but they are aware that they are part of something bigger. Much more will be needed to really change the conditions of precarious work, yet there is much in this book that could be replicated elsewhere, even in cities vastly different than New York.

This article was originally printed on Working In These Times on April 29, 2014.  Reprinted with permission.

About the Author: Sarah Jaffe is a staff writer at In These Times and the co-host of Dissent magazine’s Belabored podcast. Her writings on labor, social movements, gender, media, and student debt have been published in The Atlantic, The Nation, The American Prospect, AlterNet, and many other publications, and she is a regular commentator for radio and television.

14 Workers Protest for Over $40,000 in Unpaid Wages, Overtime, and Damages

Monday, July 15th, 2013

Hannah-pic-for-websiteFourteen former workers of Bravo Facilities Services, Inc. marched today at George Washington University to demand over $40,000 they are owed in unpaid wages and liquidated damages. In May, the workers were hired by Bravo, a cleaning contractor that is contracted by George Washington University. They spent the next two weeks working grueling 12 hour shifts cleaning at multiple buildings within the university. After two weeks, the workers were abruptly fired, and the company has refused to pay them their wages.

Today, the workers were no longer alone in demanding their wages. They were joined by the Employment Justice Center, OUR DC, the Restaurant Opportunities Center-DC and other members of the D.C. Wage Theft Coalition, a group of labor, community, and workers’ rights organizations that have come together to fight back against the rampant practice of wage theft in DC.

“It’s atrocious that in our nation’s capital, a company can so flagrantly deny workers their hard-earned wages,” said EJC Deputy Director Ari Weisbard. “The public needs to know that wage theft is a common occurrence in the District. It’s time to stand up and fight back.”

“If you don’t get paid in this country, they kick you out of your apartment. We have to pay for food, everything here,” said Cesar Monje, one of the workers who has not been paid. “We’re here because they haven’t paid us. We’re here to demand that they pay us now!”

Bystanders inside the university looked on, as the group of workers and their 30 community supporters chanted, “Bravo, Bravo, pay us now!”

Ultimately, Jonny Castillo, another worker who has not been paid, promised that the workers will return if they do not receive their wages. As the protesters marched away, they chanted, “We’ll be back!”

This article was originally printed on the Employment Justice Center Blog on July 12, 2013.  Reprinted with permission.

About the Author: Hannah Kane joined the EJC as a Wage Theft Campaign Organizer in August, 2012. Prior to joining the EJC, Hannah received her Masters in Social Work from George Mason University. During graduate school, Hannah worked as an organizer and social worker with Tenants and Workers United, using a combination of social services, community organizing, and popular education to fight back against wage theft in Falls Church, Virginia. Hannah also worked as a social worker with the Capital Area Immigrants’ Rights (CAIR) Coalition, providing Know Your Rights presentations to immigrants in detention and case management to former detainees being released back into the community. Hannah is a member of the National and Virginia chapters of the National Association of Social Worker

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