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ICWJ NewsletterInterfaith Coalition for Worker Justice November/December 2002Volume 1 Issue 3 Contributors to ICWJ Newsletter include: Patrick Hickey, Sarah Shatz, Doug Keillor and
Gary DeClute In this Issue:
Workers' Rights Center Set to OpenVolunteers are helping with the final touches to ready the Workers' Rights Center for its grand opening celebration, Wednesday, November 13 from 3 p.m.-6 p.m.. Located at the Villager Mall at 2300 South Park Street, the Center's mission will be to educate and give support to low-wage workers concerning workplace issues. The impetus for a Workers' Rights Center grew out of an investigation of working conditions for Latino workers in Dane County. The ICWJ's Latino Workers' Project produced a report, Can't Afford to Lose a Bad Job, that recommended establishing a workers' center to educate and advocate for workers. The Fact-Finding Delegation cited "immigration and documentation; discrimination and racism; the lack of knowledge of protective labor laws, legal processes and enforcement agencies; as well as limited English ability and cultural misunderstanding" as the factors that made a workers' rights center necessary. "A Steering Committee has been appointed by the ICWJ Board with the primary goals of getting the Center up and running and identifying and training worker leaders to oversee and direct the Center's programs and operation," said ICWJ Co-chair, Jonathan Rosenblum. Initially the office hours with be Monday, Wednesday and Friday from 9:00 a.m. to 5:00 p.m., and Tuesday and Thursday from 11:00 a.m. to 7:00 p.m. during which time bilingual staff and volunteers will be available to meet with workers or take inquiries on a workers' rights call-in line. "We will see how things go and adjust our staffing and hours as needed," said Center Coordinator, Sarah Shatz. "We have already started to hold workers' rights trainings and educational sessions at community centers and religious institutions. We are also looking at bringing in experts on specific areas of workplace law." The Center has produced a Wisconsin Workers' Rights Handbook in English and Spanish to provide workers with an accessible and comprehensive overview of their rights on the job and the procedures for enforcing those rights. In addition to providing information, the Center will assist workers in addressing their workplace problems. The Center has trained its first group of volunteer "workers' rights advocates" who will help workers to evaluate their situation and to choose an appropriate response. Advocates will assist workers in navigating the various agencies that oversee workplace issues and will help them connect with other agencies when their problem falls outside the realm of workplace issues. A core principle of the Worker's Rights Center is that workers have the power and ability to address their own problems especially when they act collectively. The Center will collaborate with State and Federal Agencies to work to enhance the reach, effectiveness and accountability of government enforcement of labor law. In many instances, workers will need the assistance of legal professionals to address their workplace problems. The Center will be working with the UW's Neighborhood Law Project and other area attorneys to help connect workers to labor law attorneys. Generous financial support from a number of local and national organizations has helped make the Workers' Rights Center a reality. The ICWJ offers heartfelt thanks to the First Unitarian Society, the Catholic Diocese, Community Action on Latin America (CALA) the National Interfaith Coalition for Worker Justice, the Rockefeller Foundation, United Way, the Carpenters' Union, the Teaching Assistants' Association for their generous donations. The Center's ambitious goals and program will require continued financial support from the community to be a success. Consider asking your religious body, labor organization or community group to support the Workers' Rights Center. As the Center gets up and running there will be many opportunities to volunteer, call Sarah Shatz at 255-0376 to find out more. ICWJ Stands Up for Right to Organize"The freedom of workers to join together in unions and bargain collectively is a fundamental human right that U.S. labor law guarantees in principle. But when America's workers seek to exercise this right today, they nearly always run into a buzz saw of employer threats, intimidation, coercion and outright warfare." (AFL-CIO Issue Brief, The Silent War: The Assault on Workers' Freedom to Choose a Union and Bargain Collectively in the United States, June 2002) As this recent report from the AFL-CIO and a similar report produced by Human Rights Watch in September 2000 states, the right of workers to organize a union at their workplace is seriously threatened. Labor laws are routinely ignored by employers. A majority of employers threaten to close the business if the workers form a union. At least one worker involved in organizing is illegally fired in 25% of union organizing campaigns. A majority of employers who have undocumented workers will threaten to call the INS if there is an organizing drive. Under these circumstances it is essential that all people of good faith take a stand to defend the rights of workers. Groups like the ICWJ can play a crucial role in demanding that employers here in our community honor the right of workers to organize free of threats, harassment and intimidation. "We are in a unique position to put management on notice that the community is watching and expects the highest standards from the businesses in our community," said ICWJ Board member Patrick Hickey. "We can help to shine a light on companies that violate the right of workers to organize and focus community pressure to get them to stop." The two most recent examples of ICWJ involvement in local labor issues are at Whole Foods Market and Oakwood Lutheran Homes. At Whole Foods, workers had voted in September to become part of the United Food and Commercial Workers Union-Local 1444. The company, which has a history of being strongly anti-union, filed a legal challenge to overturn the election. There was a concern that the company would try to keep the union victory tied up in legal challenges until the workers finally gave up. After the company lost their appeal at the first step of the Federal process, the ICWJ Board sent a letter to the local and corporate management, calling on the company to stop their legal challenges and honor the workers' choice. The Union has credited the broad community support they have received in convincing the company not to continue their appeal. The ICWJ intends to continue to follow developments as negotiations begin at Whole Foods. At Lutheran-affiliated Oakwood Village Retirement Communities, a majority of workers had signed authorization cards for the Service Employees International Union (SEIU)-Local 150 and an election was scheduled for early October. SEIU contacted the ICWJ with charges of threats, retaliation and surveillance by management and asked for assistance in reaching out to the Lutheran community. The ICWJ Board contacted the Oakwood Board and the clergy of the thirty-six (36) congregations associated with the retirement communities to request that they honor the rights of their employees to join a Union. On Tueday, October 8, Oakwood workers voted 148 to 104 in favor of joining SEIU Local 150. Commenting on the pro-union vote, a spokesman for Oakwood Management indicated that he was "delighted" with the vote and looked forward to negotiating a first contract with the Union. The ICWJ hopes to continue to play a constructive role in establishing a fair and reasonable climate in which workers can decide about unionizing here in Dane County by calling on business to respect the workers and focusing community attention when there are problems. "The ICWJ Board contacted the Oakwood Board and the clergy of thirty-six (36) congregations associated with the retirement communities to request that they honor the rights of their employees to join a Union". Social Security No-Match "Do's and Dont's"Employers should not us the receipt of a no-match letter to take disciplinary action against an employee. In the letter sent by the Social Security Administration, it is written that the letter "does not imply that the employee intentionally provided incorrect information and should not be a basis for adverse action against the employee. If an employer transfers, lays off, terminates or otherwise takes action against an employee based on information contained in the notice, the employer may violate the laws of the United States and be subject to prosecution or other legal consequences." Employees should not discuss their immigration status with their employers. Immigration status is a private matter. Unions should make sure that the employer does not use a no-match letter to in any way threaten, harass, or discriminate against employees and negotiate contract language that protects members by setting out policies and procedures in regard to no-match letters, Immigration and Naturalization Service audits, and discrimination based on national origin, citizenship, accent, and immigration status. Minneapolis Organizer Flores Encourages ICWJ MembershipJorge Flores, organizer of the Immigrant Workers Center in Minneapolis and the Resource Center for the Americas, was the ICWJ's keynote speaker at the General Membership meeting on September 18th at St. Mark's Lutheran Church. Flores was a catechist in the Christian Base Communities in El Salvador in the late '70's and early '80's. He left El Salvador in 1981 because his life was threatened by the military for his work as a catechist, and his beliefs in Liberation Theology. As a refugee, he fled to Mexico where he lived before coming to the United States where he eventually became the organizer for the Workers' Rights Center in Minneapolis. At the membership meeting, Flores spoke of the need for Workers' Centers and advocacy groups to improve working conditions for workers in Latin America and in the United States. "Globalization can only be fair if we work to make improvements in government and to improve workers' conditions," Flores said. "In Latin America, we don't have environmental rules to protect the environment, or enforced labor laws. Workers can work anywhere from eight to seventeen hours a day." Flores stressed the need to improve working conditions, especially for immigrant workers in the United States. September 11th has raised peoples' fear of immigrants and has been used as an excuse to commit more injustices against them. Some of these injustices include paying workers lower than minimum wage, denying workers the right to organize, and the wrongful termination of jobs due to Social Security no-match letters(see article on Social Security No-match letters for a full explanation). Workers' Rights Centers are a place where low-wage and immigrant workers can learn about and exercise their rights. ICWJ members, representatives of various faith communities and unions, and Central American Solidarity activists, attended the General Membership meeting. Participation and involvement has increased as the ICWJ prepares to open the workers' center. "For years, the ICWJ has prayed for the kind of participation that we are now seeing," Said ICWJ Board member and co-chair representing the faith community Jonathan Rosenblum. "We are beginning to move from conceiving of ways to carry out our mission, to actually having some impact on these issues." Latino Worker Meetings Held on Social Security "No-Match"On August 10th and September 7th of this year, the ICWJ organized two separate Latino worker meetings that focused on the problem of Social Security No-Match letters in response to calls and requests for more information on this subject. On August 10th, the ICWJ invited Christine Neuman-Ortiz, the organizer for Voces de la Frontera, an immigrant workers' rights center in Milwaukee, and Maria Flores, from the E.E.O.C., to present their work and responses to social security no-match problems. On October 7th, Claudio Selva, BethAnne Yeager, and Sarah Shatz presented a review of the previous training, as well as a short workshop on minimum wage and overtime. Many workers are wrongfully terminated from their jobs due to Social Security no- match letters. No-match letters are sent to employers who have employees with discrepancies in their Social Security number information. A disproportionate number of these letters are sent to low-wage immigrant workers, often Latinos, often because of foreign spellings of their name or other misunderstandings. Both employees and employers lack the proper information that they need to have an informed response to these letters. The trainings, organized by the ICWJ, attempted to answer participants questions. Over 100 workers attended the two trainings, as well as several union representatives and employers. The presenters at the two trainings addressed the "do's and don'ts" of employers, employees, and unions when presented with such a letter. The ICWJ has responded to several calls from workers whose jobs are being threatened due to no-match letters by serving as a mediator with employers and making sure that the employers have the correct information. If you would like a packet of information about social security no-match response, call the ICWJ office. Materials are available in Spanish and English. Labor in the Pulpits 2002Throughout the city over Labor Day weekend, the union message was heard in places of worship as part of the 4th Annual ICWJ Labor in the Pulpits program. Since the program first started in Chicago in 1996, it has spread to over 100 cities. This marked the fourth year that the program has been held in Madison. As shared in a resource packet from the National ICWJ, "The Labor in the Pulpits program is a time to celebrate the bonds that unite us, honor the workers who inspire us, and educate the congregation members who worship with us". As part of this year's local presentations, many union members shared how their labor union involvement is an extension of their religious faith (see Gary DeClute's presentation on the opposite page) and religious leaders re-enforced their faith's teachings on social and economic justice. This day demonstrated a religion and labor partnership that is dedicated to standing with America's working families and creating a more equitable and just society. Labor in the Pulpits was coordinated by the Interfaith Coalition for Worker Justice of South Central Wisconsin, the AFL-CIO, and local affiliates of them both. Participating congregations included: Parkside Presbyterian Church, St. Augustin Catholic Center, Trinity United Methodist Church, First Congregational United Church of Christ,University United Methodist Church, American Friends Service Committee, Stoughton United Methodist Church, St.Mark's Lutheran Church, People's United Methodist Church, Bethany United Methodist Church, Luther Memorial, Puerta Hermosa Methodist Church, and Sherman Avenue United Methodist Church. Participating unions included: Madison Teachers Incorporated (MTI), American Federation of State, County, Municipal Employees (AFSCME) Local 145, AFSCME Local 171, Hotel Employees and Restaurant Employees (H.E.R.E.), United Faculty and Academic Staff (UFAS) Local 223. Guidelines for Unions and Management of Religious EmployersWhile labor unions and religious institutions are oftentimes allies on issues of worker justice, the alliance can be strained when the religious institution is also an employer dealing with its own employees. The same can be true of Unions. In order to assist unions and management in such circumstances, the National ICWJ, with guidance from many religious and labor leaders, has produced a set of guidelines to assist in such circumstances. Among the guidelines are the following: Guidelines for Unions
Guidelines for Management
Guidelines for Boards
A complete copy of the recommendations can be found at: http://nicwj.org/pages/materials.gumrshi.html. ICWJ Member DeClute's Labor Day MessageThe following is a copy of the presentation made by ICWJ member Gary DeClute to Luther Memorial Church over Labor Day Weekend as part of the ICWJ's Labor in The Puplit Program. Nationally, over 100 churches, temples, synagogues and other house of worship heard similar messages. I was a union member as I worked my way through college. When I graduated I became a manager, and I was a manager for twenty years. I've departed now from management, and once again I'm in the labor movement, this time as a leader. I know how management works and I know how labor works and I can tell you that essence of the labor movement is maintaining a reasonable balance of power between the employer and the workers. Unions are just as important today as they were in the past when they fought to win us the eight hour day, the forty hour week, and many other things that the average worker benefits from, whether they're members of a union or not. Unions are necessary because even today when we've come so far, there are too many workers who don't receive justice and fair treatment. The Interfaith Coalition for Worker Justice is helping recent immigrants and other low income workers achieve the basic level of justice and fairness that the general population takes for granted. These are people with no power, and those without power are easy to exploit, and they're being exploited. But it isn't just migrant farm workers or recent immigrants that suffer injustice. It can happen to anyone. I've seen it.
None of these victims were perfect employees. They made mistakes. Everyone does, but I'm quite certain they didn't deserve what happened to them. When problms spin out of control, the powerful become the oppressors, and the powerless become the oppressed. There needs to be a balance of power between employers and workers. I've known the oppressors as well. They're not monsters. They're just like you and me. They go to church. They're otherwise admirable people. It's like a blind spot. You can see it in others but you can't see it in yourself, or if you get a glimpse of it you turn away because you don't want to see it.\ Managers feel tremendous pressure to conform to the norm of their organization. When that norm accepts injustice and cruelty it creates managers who are unjust and cruel. You start with little compromises. It doesn't quite seem right, but that what's expected, so it must be OK. This builds on itself over the years, and eventually people become capable of astounding cruelty. But it doesn't seem astounding to them. When you walk down that path, the most recent compromise feels no worse that the one before it, or the one before that. I've been a manager, and I can truly say, there but for the grace of God go I. God has told us about the path we should walk. The prophet Micah writes: "He has showed you, O man, what is good; and what does the Lord require of you but to do justice, love kindness, and walk humbly with your God." That was written twenty five hundred years ago. Are we making progress? Yes we are, and people of faith and workers in the labor movement were part of it, and are still part of it today. I'd like to share with you six ways you can make a difference. Here's the first three: Do justice. Love kindness. Walk humbly with your God. You're people of faith, and I know that each of you is already walking on the path of justice, kindness, and humility. What I'm saying is: look into that blind spot so you can do even better. Here's the other three ways. When you see injustice, when you see cruelty, when you see arrogance don't let it pass. Do what you can. Some can oppose the oppressor. Some can support the oppressed. The labor movement can help you do these things. Its about maintaining a reasonable balance of power between the employer and the workers. No two of you will see the same things or have the same opportunities. That's why I'm not giving you a list of organizations or causes. When the time comes, you'll know what to do. I thank God for you, because you can make a difference. Thank you, ICWJ Calendar of Events
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