Workers’ Memorial Day is an internationally recognized day to remember those who have died or been injured in the workplace. We all carried signs and banners and a coffin to symbolize fallen workers.

In workplaces across the country, workers continue to be exposed to well-known hazards that are poorly regulated and inadequately controlled. Last year, 4,500 workers lost their lives on the job, and another 50,000 died from occupational diseases. Latino workers, especially those employed through temporary staffing agencies, continue to find themselves at greater risk of exposure to dangerous workplace conditions.

The march passed by some the staffing agencies in New Brunswick where participants heard testimonies from the workers. The dangers identified include being exposed to chemical dust without having proper respirators, being forced to ride to work in agency vans that are dangerously and illegally filled to overcapacity, and cases involving workplace injuries where neither the warehouse nor the agency want to assume responsibility (under the law, both parties are responsible for accidents because both are employers).

Protesters also heard of the case of Carlos Gamboa of New Brunswick, who died n his first day of work at a warehouse after falling from a height of 25 feet. The agency that sent him to work had not given him training. The family of Sylvester Tejada of Perth Amboy also participated in the march and ceremony. Tejada died at age 18 from a hit and run while walking home from his job at a warehouse because the agency that had sent him there refused to send a van to pick him up when he got sick at work.

While workers related their stories they also talked about how they made changes at their workplaces. In one case in Elizabeth, NJ where staffing agencies were putting workers at risk by making them ride to work in an agency bus that was at overcapacity, the workers came together in a New Labor “workers’ council” meeting and decided to make a petition and deliver it to the owner of the transportation company. The agency corrected the problem after reading the petition signed by the workers.

In Lakewood, they told of another case of agency vans being dangerously overfilled with workers. After meeting in a New Labor “workers’ council”, the workers decided to ask for a meeting with the owners of the agency and the transportation company. After a series of meetings, the workers, with New Labor as their representative, reached an agreement with the owners and signed an MOU (Memorandum of Understanding) regarding fair treatment and transportation and instituting a mechanism for resolving problems with the agency and the transportation company.

Explaining what New Labor is all about, member Reynalda Cruz says, “We are looking for justice in our jobs. We Latinos are the most affected by unsafe working conditions, especially in warehouses where we aren’t given training or protective equipment. The staffing agencies share responsibility for this. We’re fed up with the treatment we’re getting and that’s why we’re organizing. We want to be treated like human beings!”

Unfortunately this was not the first time we have dealt with this issue. In 2010 we took a group of 30 people to On-Target headquarters to confront the situation After meeting with the CEO, the situation improved. But little by little, the problems returned. Knowing our history to confront issues meant that On-Target and the van transportation provider would be compelled to come to the table.

In late November, a group of On-Target workers in Lakewood came to New Labor regarding irregularities with transportation to their worksite “Mister Cookieface”. This included: making workers use the van transportation despite having their own means of getting to work, charging workers for transportation even if they didn’t use the transportation, withholding paychecks for alleged non-payment of van transportation, overcrowded vans, intimidation into working despite being sick or physically unable. The group was invited back to the monthly “consejo” meeting where in conjunction with members a course of action would be agreed upon. During the consejo meetings, after discussion, the first requested step was a meeting with the CEO of On-Target.

At the resulting meeting in mid December, it was agreed to reconvene in January with the transportation provider to reach an agreement. Members and workers participated in a series of three meetings where they could confront the van transportation provider and agency on the irregularities, and the discussion was heated at times. Outreach to workers was hard as they feared losing their job if they spoke up.

All of the points were addressed in the MOU and agreed upon: no obligatory use of van, no charging for transportation not used, safe and satisfactory transportation of workers to the jobsite, no retention of checks for alleged non-payment of transportation services, and workers will be treated with respect and dignity. In addition, it was agreed that if there are future problems a three-way conference call will take place between the CEO of On-Target, New Labor and the transportation provider. The only way this was accomplished was through perseverance and organizing. This is power in the making.

In December, Rosa was employed by and working for Impact Staffing in Elizabeth, NJ. She was sent out to work for a day at FedEx in Edison. Impact Staffing didn’t deny that she worked, nor did FedEx. But Impact Staffing initially claimed that they couldn’t pay her. Rather they said responsibility to pay was that of Diamond Staffing; workers were requested by Diamond from Impact to fill their work order at Fed Ex for the day. Impact Staffing essentially lent the workers to Diamond for the gig. Thirteen people were in the same situation. The total owed to Rosa: $68.

After hearing from some staff at the agency that the check was there only to see that it really wasn’t, Rosa came to the Elizabeth “consejo” to discuss the issue and work on a plan of action. It was agreed that there would be a group action to go to Impact Staffing: A group of eight workers from Elizabeth and New Brunswick went to confront the agency one morning in January. There, the agency staff tired to placate the situation and said they would speak with their corporate offices, again not denying that she should be paid. We also went as a group to Diamond Staffing that morning. Again they didn’t deny that Rosa worked, but claimed the responsibility to pay lied in the hands of Impact Staffing. Regardless, the check didn’t come.

The follow up pressure came two fold as per decision from the following consejo: A series of phone calls to the Corporate office and filing a wage and hour complaint with the US. Department of Labor. The corporate office did also insist that Diamond needed to follow through; they also stated that Diamond was sort of like a “sister company” under a parent company umbrella. Smooth talking doesn’t resolve problems.

So we step in. After 1.5 months of follow up pressure, Rosa received her check, sent by FedEx to her house. We as members continue to fight to create a floor of standards where there aren’t any, are there is lax enforcement. And we’ll continue to do so until it’s a reality.

We’d like to thank all of the honorees: WEC, Kevin Brown, Theresa Dempewolf, Bennet Zurofsky, José Villanueva, Edison Flores, and Edgar Cuaxiloa! We’d also like to extend a special thank you to Congressman Frank Pallone who was there with us and delivered congressional citations to the honorees.

Here are some pictures of the event.

Though the Gala has passed, you can still show your support by making a small contribution online, via credit card through justgive.

For the official gala program click here. Thanks to all our sponsors! ¡Ya es Hora!

New Labor Members at a "Night with David MIchaels"

A night with the head of OSHA
In conjunction with the New Jersey Work Environment Council, New Labor cosponsored “An Evening with Dr. David Michaels, the US Assistant Secretary of Labor for Occupational Safety and Health, in March. The event had over 100 participants; our thirty members represented the largest organized contingent. Members used their voice and raised questions about how health and safety regulations affect jobs in the industries they work in: temp agency/warehousing and residential construction. In cases involving an agency/warehouse, Dr. Michaels mentioned often both parties are at fault if there are health and safety issues.

Conclusion of Residential Construction Health and Safety Training in the Midwest
Over the last three years, New Labor staff/members helped deliver workplace health and safety training in residential construction to 460 participants from worker centers in the Midwest. The project was in conjunction with The University of Illinois-Chicago and featured worker centers in the NDLON (National Day Laborer Organizing Network) and IWJ (Interfaith Worker Justice).

The project featured customized workplace health and safety curriculum created by New Labor/Rutgers OTEC (Occupational Training and Education Consortium) that utilizes SGAM, the Small Group activity Method. In all, workers were trained from Chicago, Milwaukee, Cincinnati, Memphis, Austin, Houston, and Phoenix.

A key element of our training is organizing through education. Through a series of annual train-the-trainer that we led, not only did workers develop the skills to become health and safety trainers, but also the skills necessary to help build organizational capacity. The first train-the-trainer featured workers from Chicago. In subsequent train-the-trainers, these experienced trainers help prep future trainers.

Enlaces de Seguridad
New Labor is entering its third year of a project on safety liaisons. These are members working in residential construction that have been specifically trained on health and safety hazards found on the jobs they work in residential construction. Using their knowledge, they fill out safety “audits” to document these conditions. The liaisons have also made a commitment to communicate what they have learned and listen to other cases found in residential construction.

Although the liaisons were initially unsure about how to effectively do all of that, they came to a conclusion at a group meeting that a “Consejo” system (counsel type hearings) could serve as both and educational and organizing tool while addressing hazards and moving to change them. The “consejo” is a group of workers that are concerned about the conditions of work and want to collectively look for solutions to the problems they face. Liaisons inform participants of problems and violations and do outreach for the meetings. As a group they discuss effective ways of solving the problem with an agreed upon plan of action.

Liaisons have collectively made decisions about how to confront unsafe working conditions. After using critical thinking skills and consensus decision making at consejo meetings, their plans of action have lead to numerous OSHA inspections and recovery of unpaid wages. And that’s how changed is made.

We highlighted the daily problems that are repeated everywhere: unpaid wages, overtime paid at regular rate, vans with too many people in them, lack of respect. And the agencies that do uphold laws have to compete with the abusers and it creates a system where it is hard to get ahead.

During the conference, we connected through videoconference with groups in Chicago and Los Angeles. What we heard from them is that they too are suffering from the same conditions. So while all issues are local, these issues for agency and warehouse workers are happening on a bigger scale as well.

Participants were inspired by the turnout but also realized that it will take a lot more people and communities to make lasting change. Coming out of the conference, participants made commitments to participate in local “Consejo” meetings while building a base of support for future actions that will aim to eliminate the aforementioned problems. Because if we don’t do it, who will?

It’s one of the frequently encountered excuses that unscrupulous employers will give when they just don’t feel like paying people for the work they do. It’s a way to shun moral responsibility. Here is where this was attempted, but of course, ultimately failed: In the summer of 2010, 20 workers were taken from Lakewood, NJ to work on construction of buildings at a summer camp for Oorah resort, in the town of Stamford, NY. Overtime and regular time were not paid, resulting in over, $65,000 i n unpaid wages to these workers. On different occasions the workers attempted to recover their unpaid wages unsuccessfully in the subsequent months. A complaint was filed with the New York Dept of Labor but no action was taken.

Until one of the workers approached New Labor. José Guillermo Angeles is a member of New Labor and knew the importance of having a respaldo to do things together that can’t be done on your own. José Guillermo Angeles subsequently helped organize the rest of his co-workers to plan of action at Oorah’s local office in Lakewood, NJ. On November 18, 2010, New Labor organized a group of 40 members, supporters and workers to hold an unpaid wage protest at Oorah in Lakewood. As an IWJ affiliate, the action was part of national day of action against wage theft.

A series of articles on this action appeared in the Asbury Park Press and in The Lakewood Scoop. People posting online replies to the articles accused us of being “community agitators” and paying people to protest. And Oorah initially asserted that it wasn’t them that owed money to the workers, but rather a subcontractor, “Fairmount LLC” . However, none of this was the case.

“There was pressure with this action. It’s very good that we went there to pressure them for what was fair”, said Filemon Alonso, a member and one of the workers owed.

The pressure applied from New Labor’s action led the New York Department of Labor to act swiftly, and Oorah to accept their responsibility to pay these workers they employed. Oorah’s initial payment of $30,014 occurred in February 2011. A more recent second payment of $35,569.29 occurred at the end of April 2011. That’s $65,583.29 in rightfully recovered unpaid wages.

“The support of New Labor helped us a lot. There was a lot of help to get our salaries paid. I feel good as a member, and with the support of all the other compañeros”, stated Alonso.

The action and resulting recoupment of unpaid wages demonstrate the power of an organized group to make sure wage and hour laws are upheld, and that common shared values and morals will triumph in the end. Sometimes it takes time, but as we say at New Labor, if we don’t do it, who will? If we want change, we have to work for it, and we’ll fight to see it through.

Decian la escusa: “no trabajan por nosotros.” Es una de las escusas comunes de empleadores malos cuando no quieren pagarles a sus trabajadores. Es una manera para evitar su responsabilidad moral. Pero en este caso, no valió.

En el verano de 2010, 20 trabajadores fueron llevado de Lakewood, NJ para trabajar en la construcción en un sitio en el pueblo de Stamford, NY. Estos trabajadores no fueron pagados, resulta en mas que $65,000 en dinero debido a ellos.

Lo bueno es que después de protestas con New Labor y una queja con el departamento de trabajo, por fin los trabajadores cobraron el dinero suyo de su empleador en abril 2011.

The gala included traditional food, drink and dance as well as a sing along of the New Labor Hymn.

We’d like to  thank all of the honorees: Ray Pocino, The Cunninghams, Father Joe Kerrigan, Ellen Whitt, and Rutgers School of Management and Labor Relations! We’d also like to extend a special thank you to Congressman Frank Pallone who was there with us and delivered congressional citations to the honorees.

Here are some pictures from the event.

Though the Gala has passed, you can still show your support by making a small contribution online, via credit card using our paypal account.

For the official gala  program, click here.  Thanks to all our sponsors!

The rally in Newark, NJ drew over 150 people. You can view photos from the Newark rally here. Supporting events were also held all over the state in Hackensack, Camden, Elizabeth, New Brunswick, Freehold, Newton, Trenton, Jersey City, Morristown, and Paterson. The events were covered in the Star Ledger.